West Virginia : 2025 Regular Session : BILL HB2758
Prohibiting geo-engineering
Sponsor: Rep Bill Ridenour & Rep Carl Martin & Rep Bryan Ward & Rep Jim Butler & Rep Phil Mallow & Rep Carl Roop & Rep Roland Jennings & Rep Chris Phillips & Rep Jordan Maynor & Rep Larry Kump & Rep Laura Kimble
Bill Details
The purpose of this bill is to prohibit the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight
GeoLawWatch Bill Summary
HB 2758 would add a new section to West Virginia's Air Pollution Control article prohibiting geoengineering activities within the state.
The bill includes legislative findings acknowledging that the federal government, entities acting on the federal government's behalf, or non-government entities may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and that such activities may occur within West Virginia. The legislature finds that risks to human health and environmental welfare from broad-scale geoengineering are not well understood.
The findings also note that the West Virginia Department of Environmental Protection is responsible for monitoring air, soil, and water quality and regulating emissions to ensure public safety while not impeding agriculture or commerce. The stated legislative intent is to protect public health and welfare while allowing all authorised activities permitted under state law.
The operative prohibition bans the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of West Virginia into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of sunlight.
The bill contains no enforcement mechanism, no penalties for violations, no designated enforcement agency, and no exemptions for research or emergency activities. It is a bare prohibition without an implementation framework.
The bill would take effect within 30 days of passage rather than at a standard effective date.
History
HB 2758 was introduced on February 21, 2025, by a coalition of eleven delegates led by Delegate Ridenour, with cosponsors Martin, Ward, Butler, Mallow, Roop, Jennings, Phillips, Maynor, Kump, and Kimble. The bill was referred to two committees in sequence: first, the Committee on Energy and Public Works, then the Judiciary.
The dual committee referral is significant. Energy and Public Works would address environmental and atmospheric modification, while Judiciary would examine the legal framework—or, in this case, its absence. The bill's lack of enforcement provisions, penalties, or implementation structure may face scrutiny in the Judiciary, which typically reviews bills for legal sufficiency.
As of the available record, the bill remains in the Energy and Public Works Committee without a scheduled hearing. West Virginia's 2025 regular session began on February 12, with a crossover deadline of April 2, 2025, and adjournment scheduled for April 12, 2025. Given the sequential committee referral requirement, the bill would need to clear Energy and Public Works with sufficient time for Judiciary consideration before crossover—a tight timeline that reduces passage prospects absent expedited action.
- Fri 21 Feb 2025 Filed for introduction
- Fri 21 Feb 2025 To Energy and Public Works then Judiciary
- Fri 21 Feb 2025 Introduced in House
- Fri 21 Feb 2025 To House Energy and Public Works
Consolidated Bill Text
2025 REGULAR SESSION
Introduced
House Bill 2758
By Delegates Ridenour, Martin, Ward, Butler, Mallow, Roop, Jennings, Phillips, Maynor, Kump, and Kimble
Introduced February 21, 2025; referred to the Committee on Energy and Public Works then the Judiciary
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated Section 22-5-21, relating to prohibiting the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. AIR POLLUTION CONTROL.
Section 22-5-21. Prohibiting dispersion of chemicals or apparatus into the atmosphere to intentionally affect temperature, weather, or the intensity of sunlight.
(a) The Legislature finds that:
(1) It is documented that the federal government or other entities acting on the federal government's behalf or at the federal government's request, or non-government entities may conduct geoengineering experiments by intentionally dispersing chemicals into the atmosphere, and those activities may occur within the state of West Virginia;
(2) The risk to human health and environmental welfare from broad scale geoengineering is currently not well understood;
(3) The West Virginia Department of Environment Protection is responsible for monitoring air, soil, and water quality, and regulating industrial and agricultural emissions into the air, soil, and water within the state to ensure the safety of the public, while not impeding agriculture or commerce within the state; and
(4) It is the intent of the Legislature to protect the public health and welfare of West Virginians while allowing all authorized activities permitted under state law.
(b) The intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight is prohibited.
(c) This act takes effect within 30 days of passage.
NOTE: The purpose of this bill is to prohibit the injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight.