GeoLawWatch Open Legislation 11
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NCBillS485Died for lack of action

Prohibit Geoengineering

  1. Introduced
  2. Passed one chamber
  3. Passed both chambers
  4. Passed

North Carolina's S 485 prohibits atmospheric modification, including stratospheric aerosol injection, cloud seeding, and electromagnetic radio frequency emissions, by amending the state's Air Pollution Control statute, while notably carving out licensed agricultural pesticide application and delegating rule development for enforcement to the Environmental Management Commission without specifying dedicated penalties.

Our 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.

Legislative history

  1. Ref To Com On Rules and Operations of the Senate
  2. Passed 1st Reading
  3. Filed

Additional documents

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.