GeoLawWatch: Tracking Weather & Climate Legislation

SECOND REGULAR SESSION
SENATE BILL NO. 860
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
4680S.02I KRISTINA MARTIN, Secretary

AN ACT

To repeal sections 643.040 and 644.021, RSMo, and to enact in lieu thereof three new sections relating to weather modification.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 643.040 and 644.021, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 640.870, 643.040, and 644.021, to read as follows:

640.870.
1. As used in this section, the following terms mean:
(1) "Department", the Missouri department of natural resources;
(2) "Weather modification", any activity performed with the intention of producing artificial changes to the composition, behavior, or dynamics of the atmosphere, including, but not limited to:
(a) Dispersing substances into the air that serve as cloud condensation or ice nuclei, which alter the microphysical process within the cloud;
(b) Dropping pollution or biological agents from any form of aircraft designed to alter the earth's atmosphere, manipulate the environment, or cause harm to food supply; or
(c) The use of clouding seeding, meaning directing rainfall to a specific location by a process of injecting, releasing, or dispersing chemicals into the atmosphere.

2. It shall be unlawful to use any form of weather modification in the state.

3. Any individual or entity deploying any chemical into the atmosphere from ground or air shall disclose the contents of such chemical or chemicals to the department in a format determined by the department.

4. Any individual or entity deploying any chemical into the atmosphere shall post a bond in an amount of twenty five million dollars to cover damages, if any, to the environment caused by the deployment of such chemical or chemicals.

5. Any individual may report violations of this section to the department. The department shall create an online publicly accessible form for reporting weather modification under this section. The department shall create procedures to investigate every such report to determine whether weather modification occurred.

6. If the department finds that weather modification occurred, the department shall commence a civil action in the court of competent jurisdiction. If the court finds that a violation occurred, the court may grant damages, injunctive relief, attorney fees, and any such other relief the court finds appropriate.

7. The department shall report any known instance of weather modification to the administrator of the national oceanic and atmospheric administration pursuant to 15 C.F.R. Section 908.

8. Nothing in this section shall be construed to prevent the use of pesticides on any farming or ranching operation in the state.

9. The department shall promulgate rules to enforce provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

643.040.

1. There is created hereby an air pollution control agency to be known as the "Air Conservation Commission of the State of Missouri", whose domicile for the purposes of sections 643.010 to 643.355 is the department of natural resources of the state of Missouri. The commission shall consist of eight members appointed by the governor, with the advice and consent of the senate. No more than four of the members shall belong to the same political party and no two members shall be a resident of and domiciled in the same senatorial district. At the first meeting of the commission and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.

2. All members shall be representative of the general interest of the public and shall have an interest in and knowledge of air conservation and the effects and control of air contaminants. At least three of such members shall represent agricultural, industrial and labor interests, respectively. One member shall be knowledgeable in weather modification, as defined in section 640.870. The governor shall not appoint any other person who has a substantial interest as defined in section 105.450 in any business entity regulated under this chapter or any business entity which would be regulated under this chapter if located in Missouri. The commission shall establish rules of procedure which specify when members shall exempt themselves from participating in discussions and from voting on issues before the commission due to potential conflict of interest.

3. The members' terms of office shall be four years and until their successors are selected and qualified, except that the terms of those first appointed shall be staggered to expire at intervals of one, two and three years after the date of appointment as designated by the governor at the time of appointment. There is no limitation of the number of terms any appointed member may serve. If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.

4. The commission shall hold at least nine regular meetings each year and such additional regular meetings as the chairman deems desirable at a place and time to be fixed by the chairman. Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission. Reasonable written notice of all meetings shall be given to all members of the commission. Four members of the commission shall constitute a quorum. All powers and duties conferred upon members of the commission shall be exercised personally by the members and not by alternates or representatives. All actions of the commission shall be taken at meetings open to the public, except as provided in chapter 610. Any member absent from four regular commission meetings per calendar year for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with subsection 1 and subsection 3 of this section.

644.021.

1. There is hereby created a water contaminant control agency to be known as the "Clean Water Commission of the State of Missouri", whose domicile for the purposes of sections 644.006 to 644.141 shall be deemed to be that of the department of natural resources. The commission shall consist of eight members appointed by the governor with the advice and consent of the senate. No more than four of the members shall belong to the same political party. All members shall be representative of the general interest of the public and shall have an interest in and knowledge of conservation and the effects and control of water contaminants. At least two members shall be knowledgeable concerning the needs of agriculture, industry or mining and interested in protecting these needs in a manner consistent with the purposes of sections 644.006 to 644.141. One member shall be knowledgeable concerning the needs of publicly owned wastewater treatment works. One member shall be knowledgeable in weather modification, as defined in section 640.870. No more than four members shall represent the public. No member shall receive, or have received during the previous two years, a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit pursuant to any federal water pollution control act as amended and as applicable to this state. All members appointed on or after August 28, 2002, shall have demonstrated an interest and knowledge about water quality. All members appointed on or after August 28, 2002, shall be qualified by interest, education, training or experience to provide,assess and evaluate scientific and technical information concerning water quality, financial requirements and the effects of the promulgation of standards, rules and regulations. At the first meeting of the commission and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.

2. The members' terms of office shall be four years and until their successors are selected and qualified. Provided, however, that the first three members appointed shall serve a term of two years, the next three members appointed shall serve a term of four years, thereafter all members appointed shall serve a term of four years. There is no limitation on the number of terms any appointed member may serve. If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.

3. The commission shall hold at least four regular meetings each year and such additional meetings as the chairman deems desirable at a place and time to be fixed by the chairman. Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission. Reasonable written notice of all meetings shall be given by the director to all members of the commission. Four members of the commission shall constitute a quorum. All powers and duties conferred specifically upon members of the commission shall be exercised personally by the members and not by alternates or representatives. All actions of the commission shall be taken at meetings open to the public. Any member absent from six consecutive regular commission meetings for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with subsection 1 of this section.