New Hampshire : 2026 Regular Session : BILL HB1128
Restricting the use of weather modification technologies to declared emergencies.
Sponsor: Rep Kelley Potenza & Rep Judy Aron & Rep JD Bernardy & Rep Jose Cambrils & Rep Tom Ploszaj & Rep Matt Sabourin & Rep Bryan Morse & Rep Susan Deroy & Rep John Schneller & Rep Marie Bjelobrk
Bill Details
Restricting the use of weather modification technologies to declared emergencies.
GeoLawWatch Bill Summary
HB 1128 lets New Hampshire use cloud seeding only during drought emergencies. Unlike some states that ban all weather modification, this bill allows cloud seeding during a declared drought emergency.
Emergency Declaration Requirements:
- Cloud seeding is allowed only if the Governor declares a state of emergency for a catastrophic drought, based on recommendations from the Department of Environmental Services or other agencies.
- An emergency is declared if a drought poses a significant risk to water supply, agriculture, public health, or economic stability.
- The Governor's office must document and publish the emergency under RSA 4:45, stating that cloud seeding is needed to mitigate the impacts of drought.
Pre-Activity Requirements:
- A 14-day environmental review is required before any cloud seeding starts. This review assesses potential risks and benefits to ensure there is no harm to the environment, public health, or wildlife.
- At least a month before the Governor-proposed cloud seeding, the Department of Environmental Services must give public notice in at least four state newspapers and online. The notice must state the program's date, type, chemicals, technologies, possible effects on human health, wildlife, habitats, and funding sources.
Regulatory Oversight:
- The Department of Environmental Services oversees all cloud seeding to ensure compliance with rules and to assess how well the operations are functioning.
The bill's main limitations are as follows: it does not ban weather modification activities other than cloud seeding; it does not impose enforcement measures or penalties for unauthorised weather modification; and it does not cover solar radiation management or stratospheric aerosol injection. Also, it applies only within New Hampshire, with no regulation of federal operations or private contractors in the state's airspace.
History
HB 1128 was introduced for the 2026 regular session and is scheduled for introduction on January 7, 2026, with assignment to the House Science, Technology and Energy Committee. The bill has 10 sponsors, led by Rep. Potenza (Strafford County District 19), the same primary sponsor as the companion resolution, HR 35. The sponsor list includes representatives from Strafford, Sullivan, Rockingham, Merrimack, Belknap, Hillsborough, and Grafton counties, suggesting broad geographic support.
The measure will be introduced on the first day of New Hampshire's 2026 session, which runs from January 7 through June 30, 2026. The House deadline for introducing bills was January 8, 2026, meaning this bill meets the introduction deadline on the opening day of the session. New Hampshire allows prefiling beginning September 15, though this measure appears to have been filed for regular introduction.
The assignment to Science, Technology and Energy is significant, as this is the same committee that is receiving HR 35, the companion resolution urging the prohibition of geoengineering. The simultaneous introduction of a restrictive regulatory bill (HB 1128) and a complete prohibition resolution (HR 35) by the same primary sponsor suggests a dual-track legislative strategy: establishing formal House policy opposition to atmospheric intervention while creating a statutory framework that permits limited emergency weather modification under strict controls.
As a bill rather than a resolution, HB 1128 requires passage by both the House and Senate and submission to the Governor for signature. New Hampshire operates under carryover provisions, so if the bill fails to pass in 2026, it could carry over into a subsequent session. However, the state's carryover rules apply only from 2025 to 2026 and would need to be reviewed for continuation from 2026 to 2027.
- Mon 01 Dec 2025 Introduced 01/07/2026 and referred to Science, Technology and Energy
- Thu 08 Jan 2026 Public Hearing: 01/14/2026 03:00 pm GP 229
Consolidated Bill Text
Restricting the use of weather modification technologies to declared emergencies.
2026 SESSION
HOUSE BILL 1128
AN ACT restricting the use of weather modification technologies to declared emergencies.
SPONSORS: Rep. Potenza, Straf. 19; Rep. J. Aron, Sull. 4; Rep. Bernardy, Rock. 36; Rep. Cambrils, Merr. 4; Rep. Ploszaj, Belk. 1; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Morse, Merr. 3; Rep. DeRoy, Straf. 3; Rep. Schneller, Hills. 2; Rep. Bjelobrk, Graf. 5
COMMITTEE: Science, Technology and Energy
-----------------------------------------------------------------
ANALYSIS
This bill authorizes state agencies to engage in weather modification under emergency conditions.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT restricting the use of weather modification technologies to declared emergencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Weather Modification; Emergency Cloud Seeding. RSA 12-F:1 is repealed and reenacted to read as follows:
12-F:1 Weather Modification Experimentation; Emergency Cloud Seeding.
I. Cloud seeding may only occur in New Hampshire under the following conditions:
(a) The governor, upon the recommendation of the department of environmental services or other relevant agencies, shall declare a state of emergency in response to a catastrophic drought;
(b) A state of emergency for a catastrophic drought shall only be declared when the drought is severe enough to pose a significant risk to the state's water supply, agriculture, public health, or economic stability; or
(c) The state of emergency shall be officially documented and published by the governor's office in accordance with RSA 4:45, and shall include a clear statement that cloud seeding is a necessary measure to mitigate the impacts of the drought.
II. Prior to engaging in cloud seeding, the state shall conduct a 14-day environmental review, assessing potential risks and benefits, and ensuring that the activities will not result in harm to the environment, public health, or wildlife.
III. The department of environmental services shall maintain oversight of all cloud seeding activities to ensure compliance with regulations and to assess the effectiveness of cloud seeding operations. At least one month prior to the presentation of any cloud seeding activities brought forth by the governor, upon the recommendation of the department of environmental services or other relevant agencies, the department of environmental services shall do the following:
(a) Place a public notice in at least 4 newspapers within the state and on the departmental Internet website informing the public of the date and type of the proposed weather modification program or experimentation events within the state.
(b) Disclose to the public the chemical compounds and technologies to be used in the proposed weather modification program or experimentation events in the state, including the effects of the program or experimentation on human health, what wildlife and wildlife habitats may be affected, and the source of funding to perform such program or experimentation.
2 Effective Date. This act shall take effect 60 days after its passage.