North Carolina : 2025-2026 Regular Session : BILL S485

GeoLawWatch Bill Summary

S 485 bans atmospheric modification activities by updating North Carolina's Air Pollution Control law (G.S. 143-213 and G.S. 143-215.108) with new definitions and rules.

New Definition Added to G.S. 143-213:

"Atmospheric modification" is defined as stratospheric aerosol injection (SAI), cloud seeding, electromagnetic radio frequency or microwave radiation emissions, or other atmospheric polluting activity affecting temperature, weather, intensity of sunlight, the environment, agriculture, wildlife, human health and safety, aviation, state security, or the economy of the State.
Definition explicitly excludes "the application of pesticides via aircraft under a license issued by the Pesticide Board pursuant to Article 52 of this Chapter."

New Prohibition Added to G.S. 143-215.108(a):

Prohibits any person from intentionally injecting, releasing, or dispersing, by any means, chemicals, chemical compounds, substances, or apparatus within the borders of North Carolina into the atmosphere with the intentional and sole purpose of atmospheric modification

Regulatory Implementation

The Environmental Management Commission must create rules to carry out the act.
There is no set timeline for rulemaking other than the general effective date.

Critical Gaps:

The bill does not include specific penalties, enforcement steps, or criminal or civil consequences for violations. North Carolina's Air Pollution Control law (G.S. 143-215.108) already has general penalties that would likely apply here, but the bill does not specify penalties for atmospheric modification. It also does not address federal preemption, aircraft under federal control in state airspace, or how the state would find or enforce violations of these activities. Exclusion of licensed pesticide application via aircraft suggests legislative awareness of potential overreach concerns, carving out legitimate agricultural aerial operations from the prohibition on atmospheric modification.

History

S 485 was filed on March 25, 2025, and received its first reading on March 26, 2025, with referral to the Senate Rules and Operations Committee. The bill carries three sponsors: Senators Settle, Moffitt, and Hise, all designated as primary sponsors.

The 2025 North Carolina legislative session began January 8, 2025, and runs through December 31, 2025, according to legislative session calendars. North Carolina operates a long session in odd-numbered years with a carryover provision, meaning bills from 2025 can continue into the 2026 session, which is scheduled to reconvene April 21, 2026, and run through August 31, 2026.

The assignment to Senate Rules and Operations is procedurally significant. In North Carolina's legislative process, the Rules Committee serves multiple functions, including determining which bills advance to substantive committees and managing the legislative calendar. Some bills referred to Rules receive full committee consideration, while others may be re-referred to policy committees with subject matter jurisdiction. For an environmental/atmospheric regulation measure, potential subsequent referral to committees such as Agriculture, Energy and Environment or Judiciary would be typical if the bill advances from Rules.

North Carolina's 2025 session included House and Senate introduction deadlines of April 3 and March 25, 2025, respectively, with a crossover deadline of May 8, 2025. S 485 was filed on the Senate's introduction deadline, suggesting strategic timing to meet the cutoff. The crossover deadline—by which bills must pass their chamber of origin to remain eligible for consideration in the opposite chamber—will be a critical milestone for this measure.

The state allows prefiling beginning in December before the session (December 10, 2024, for the 2025 session), though this bill was filed during the regular session period rather than prefiled. North Carolina is currently in its regular session, with the Legislature scheduled to recess and reconvene monthly after July 1, 2025, though significant legislative activity typically occurs before the initial summer break.

Tue 25 Mar 2025 Filed
Wed 26 Mar 2025 Passed 1st Reading
Wed 26 Mar 2025 Ref To Com On Rules and Operations of the Senate

Consolidated Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 485

Short Title: Prohibit Geoengineering. (Public)

Sponsors: Senators Settle, Moffitt, and Hise (Primary Sponsors).

Referred to: Rules and Operations of the Senate

March 26, 2025

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE INTENTIONAL RELEASE OF POLLUTING EMISSIONS, INCLUDING STRATOSPHERIC AEROSOL INJECTION, CLOUD SEEDING, AND ELECTROMAGNETIC RADIO FREQUENCY, INTO THE ATMOSPHERE TO ALTER THE TEMPERATURE, WEATHER, OR THE INTENSITY OF SUNLIGHT.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 143-213 is amended by adding a new subdivision to read:
"(5b) The term "atmospheric modification" means stratospheric aerosol injection (SAI), cloud seeding, electromagnetic radio frequency or microwave radiation emissions, or other atmospheric polluting activity affecting temperature, weather, intensity of sunlight, the environment, agriculture, wildlife, human health and safety, aviation, state security, or the economy of the State. The term does not include the application of pesticides via aircraft under a license issued by the Pesticide Board pursuant to Article 52 of this Chapter."

SECTION 2. G.S. 143-215.108(a) is amended by adding a new subdivision to read:
"(5) Intentionally inject, release, or disperse, by any means, chemicals, chemical compounds, substances, or apparatus within the borders of this State into the atmosphere with the intentional and sole purpose of atmospheric modification."

SECTION 3. The Environmental Management Commission shall adopt rules necessary to implement this act.

SECTION 4. This act is effective when it becomes law.

Supplementary documents

Bill Summaries: S485 (2025-2026 Session)

Substantively identical to H 362, filed 3/11/25.

Broadens the actions requiring a permit under GS 143-215.108 (concerning control of air pollution) to include intentionally injecting, releasing, or dispersing, by any means, chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the intentional or sole purpose of atmospheric modification. Defines atmospheric modification as stratospheric aerosol injection (SAI), cloud seeding, electromagnetic radio frequency or microwave radiation emissions, or other atmospheric polluting activity affecting temperature, weather, intensity of sunlight, the environment, agriculture, wildlife, human health and safety, aviation, state security, or the economy of the state. Excludes pesticide delivery by aircraft from the term. Requires the Environmental Management Commission to adopt rules necessary to implement the act.