Ohio : 2025-2026 Regular Session : BILL HB290
Enact the Atmosphere Protection Act
Sponsor: Rep Tom Young & Rep Tim Barhorst & Rep Jennifer Gross & Rep Angela King & Rep Johnathan Newman & Rep Justin Pizzulli & Rep Monica Robb Blasdel & Rep Jodi Salvo & Rep Josh Williams & Rep Heidi Workman
Bill Details
To enact section 2917.43 of the Revised Code to prohibit a person from engaging in solar radiation modification, cloud seeding, or sunlight reflection methods, and to name the act the Atmosphere Protection Act.
GeoLawWatch Bill Summary
Ohio Solar Radiation Modification and Cloud Seeding Ban
The bill bans anyone from doing solar radiation modification (SRM), cloud seeding, or sunlight-reflecting activities in Ohio. This includes using aircraft, balloons, drones, space platforms, or ground-based equipment.
Key Definitions
- Solar radiation modification: refers to any experiment in the Earth's climate system that releases pollutants to reduce how much sunlight is absorbed. Examples are marine cloud brightening, space-based reflectors, or stratospheric aerosol injection.
- Cloud seeding: means releasing a pollutant into clouds to increase rainfall.
- Pollutant: is defined very broadly. It covers aerosols, biological or genetically modified agents, chaff, metals, radioactive materials, chemicals, particulates, smart dust, smoke, soot, fumes, vapours, and state-regulated air pollutants. It also includes mechanical vibration, waste materials, irritants, and artificially created electric, magnetic, or electromagnetic fields. The definition further lists electromagnetic pulses, sound waves, light pollution, microwaves, and both ionizing and non-ionizing radiation.
- The bill mentions "sunlight reflection methods" but does not define the term. The Legislative Service Commission notes that it is unclear which actions qualify as "sunlight reflection methods" or how this category differs from solar radiation modification.
Enforcement and Penalties
If someone is found doing a banned activity, the State Highway Patrol Superintendent or any county sheriff must order them to stop. Not following this order is a violation, punishable as a third-degree felony with a 36-month prison sentence and a minimum fine of $500,000. The law uses a strict liability standard, so there is no need to prove intent or knowledge.
Conviction and Fines:
- A required prison sentence of 36 months.
- A required fine of at least $500,000.
- Strict liability applies, so intent or knowledge is not required for conviction.
Fines go to the county unless the State Highway Patrol issued the citation, in which case they go to the state Security, Investigations, and Policing Fund.
Analysis: Some Important Points
- The strict liability standard is notable because it removes the need to prove the defendant knew or meant to break the law.
- The required minimum fine of $500,000 is one of the highest for state weather modification laws.
- The very broad definition of "pollutant" could, in theory, include activities far beyond traditional weather modification.
History
HB 290, titled the "Atmosphere Protection Act," was introduced on May 20, 2025, by Representative Young with eleven cosponsors (Representatives Barhorst, Gross, Jones, King, Newman, Pizzulli, Robb Blasdel, Salvo, Williams, and Workman). The bill was referred to the Natural Resources Committee on May 21, 2025, and is currently awaiting a hearing.
The Legislative Service Commission produced both a bill analysis (May 21, 2025) and a fiscal note (October 15, 2025). The budgetary analysis, based on conversations with state and local law enforcement, found the bill unlikely to have discernible fiscal impact on criminal justice systems, with violations expected to be "relatively rare." Ohio operates on a biennial cycle, and the session extends through December 31, 2026, giving the bill substantial time to advance if it gains traction in committee.
- Tue 20 May 2025 Introduced
- Wed 21 May 2025 Referred to committee: Natural Resources
Consolidated Bill Text
136th General Assembly
Regular Session 2025-2026
Representative Young
Cosponsors: Representatives Barhorst, Gross, Jones, King, Newman, Pizzulli, Robb Blasdel, Salvo, Williams, Workman
To enact section 2917.43 of the Revised Code to prohibit a person from engaging in solar radiation modification, cloud seeding, or sunlight reflection methods, and to name the act the Atmosphere Protection Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2917.43 of the Revised Code be enacted to read as follows:
Sec. 2917.43.
(A) As used in this section:
(1) "Cloud seeding" means a form of weather modification where a pollutant is released into clouds to induce or enhance precipitation.
(2) "Marine cloud brightening" means enhancing the reflectivity of low-lying marine clouds to reflect more sunlight.
(3) "Pollutant" means any aerosol; biologic, transbiologic, or genetically modified agent; chaff; metal; radioactive material; acid; alkali; chemical; particulate; contaminant; smart dust; smoke; soot; fume; vapor; air pollutant regulated by this state; mechanical vibration or other physical agent; waste, including materials that may be recycled, reconditioned, or reclaimed; solid, liquid, gaseous, or thermal irritant; or artificially produced electric field, magnetic field, electromagnetic field, electromagnetic pulse, sound wave, sound pollution, light pollution, microwave, or ionizing or nonionizing radiation.
(4) "Solar radiation modification" means an experiment in the earth's climatic system involving the release of pollutants that reduces the amount of sunlight absorbed by the earth, including through marine cloud brightening, space-based reflectors, or stratospheric aerosol injection.
(5) "Space-based reflectors" means deploying mirrors or other reflective objects in space to deflect sunlight.
(6) "Stratospheric aerosol injection" means introducing reflective particles into the stratosphere to reflect sunlight.
(B) No person or entity shall engage in solar radiation modification, cloud seeding, or sunlight reflection methods in this state, including through the use of an aircraft, balloon, drone, space-based platform, or interoperable ground-based facility.
(C) The superintendent of the state highway patrol or a county sheriff shall issue a cease-and-desist order to a person who the superintendent or sheriff determines is conducting or attempting to conduct solar radiation modification, cloud seeding, or sunlight reflection methods. No person shall fail to comply with a cease and desist order issued under this division.
(D) A violation of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply.
(E) Whoever violates this section is guilty of a third degree felony and the court shall impose a mandatory prison term of thirty-six months on the offender and, notwithstanding section 2929.18 of the Revised Code, a fine of not less than five hundred thousand dollars.
Section 2. This act shall be known as the Atmosphere Protection Act.
Supplementary documents
BILL ANALYSIS (LSC Document)
H.B. 290
136th General Assembly
Bill Analysis
Ohio Legislative Service Commission
Office of Research and Drafting
Legislative Budget Office
May 21, 2025
Version: As Introduced
Primary Sponsor: Rep. Young
Reid J. Fleeson, Attorney
SUMMARY
Prohibits any person from engaging in solar radiation modification (SRM), cloud seeding, or sunlight reflection methods in Ohio, including through the use of an aircraft, balloon, drone, space-based platform, or interoperable ground-based facility.
Requires the Superintendent of the State Highway Patrol or a county sheriff to issue a cease-and-desist order to a person who the Superintendent or sheriff determines is conducting or attempting to conduct SRM, cloud seeding, or sunlight reflection methods.
Establishes a strict liability offense for engaging in SRM, cloud seeding, or sunlight reflection methods, or violating the Superintendent's or county sheriff's cease-and-desist order, and imposes third degree felony with a 36-month mandatory prison term and a fine of not less than $500,000.
Titles the bill as the "Atmosphere Protection Act."
DETAILED ANALYSIS
Prohibiting certain atmospheric activities
The bill prohibits any person from engaging in solar radiation modification (SRM), cloud seeding, or sunlight reflection methods in Ohio, including through the use of an aircraft, balloon, drone, space-based platform, or interoperable ground-based facility.
The bill defines the following terms:
"Solar radiation modification" means an experiment in the Earth's climatic system involving the release of pollutants that reduces the amount of sunlight absorbed by the Earth, including through marine cloud brightening, space-based reflectors, or strategic aerosol injection.
"Pollutant" means any aerosol; biologic, transbiologic, or genetically modified agent; chaff; metal; radioactive material; acid; alkali; chemical; particulate; contaminant; smart dust; smoke; soot; fume; vapor; air pollutant regulated by Ohio; mechanical vibration or other physical agent; waste, including materials that may be recycled, reconditioned, or reclaimed; solid, liquid, gaseous, or thermal irritant; or artificially produced electric field, magnetic field, electromagnetic field, electromagnetic pulse, sound wave, sound pollution, light pollution, microwave, or ionizing or nonionizing radiation.
"Marine cloud brightening" means enhancing the reflectivity of low-lying marine clouds to reflect more sunlight.
"Space-based reflectors" means deploying mirrors or other reflective objects in space to reflect sunlight.
"Stratospheric aerosol injection" means introducing reflective particles into the stratosphere to reflect sunlight.
"Cloud seeding" means a form of weather modification where a pollutant is released into clouds to induce or enhance precipitation.
Since the bill does not define "sunlight reflection methods," it is uncertain both what conduct it prohibits and how it differs from SRM.
Cease-and-desist orders
The Superintendent of the State Highway Patrol or a county sheriff are required by the bill to issue a cease-and-desist order to a person who the Superintendent or sheriff determines is conducting or attempting to conduct SRM, cloud seeding, or sunlight reflection methods. A person is prohibited from failing to comply with such a cease-and-desist order.
Penalties
A person who violates the bill's prohibitions is guilty of a third degree felony. The court must impose a mandatory prison term of 36 months and a fine of not less than $500,000. A violation of the bill's prohibitions is a strict liability offense for which no degree of culpability is required.
Bill title
The bill is titled the "Atmosphere Protection Act."
HISTORY
Introduced: 05-20-25
FISCAL NOTE & LOCAL IMPACT STATEMENTH.B. 290
136th General Assembly
Fiscal Note & Local Impact Statement
Ohio Legislative Service Commission
Office of Research and Drafting
Legislative Budget Office
October 15, 2025
Version: As Introduced
Primary Sponsor: Rep. Young
Local Impact Statement Procedure Required: No
Maggie West, Senior Budget Analyst
Highlights
The bill's weather modification prohibitions are unlikely to have a discernible fiscal effect on the state or local criminal justice systems.
Detailed Analysis
The bill: (1) prohibits any person from engaging in solar radiation modification (SRM), cloud seeding, or sunlight reflection methods in Ohio, including through the use of an aircraft, balloon, drone, space-based platform, or interoperable ground-based facility, and (2) requires the Superintendent of the Ohio State Highway Patrol or a county sheriff to issue a cease-and-desist order to a person who the Superintendent or sheriff determines is conducting or attempting to conduct one of the bill's prohibited activities. A violation of the bill's prohibited activities is a third degree felony and the court is required to impose a mandatory 36-month prison term and a fine of not less than $500,000.
Based on conversations with state and local law enforcement representatives, charges resulting from violations of the bill's prohibitions are expected to be relatively rare. However, to the extent that violations do occur and come to the attention of the Patrol or a county sheriff, there would presumably be some time and effort spent on behalf of the law enforcement agency to investigate the incident, determine jurisdiction, and issue a cease-and-desist order, if appropriate. The bill is not expected to have a discernible impact on the Department of Rehabilitation and Correction or local criminal justice systems.
Note: The fine would generally be retained by the county unless the violator was cited by the Patrol, in which case it would be credited to the state Security, Investigations, and Policing Fund (Fund 8400).