GeoLawWatch: Tracking Weather & Climate Legislation

SECOND REGULAR SESSION
SENATE BILL NO. 1368
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
5337S.01I KRISTINA MARTIN, Secretary


AN ACT
To amend chapter 640, RSMo, by adding thereto two new sections relating to weather modification, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Chapter 640, RSMo, is amended by adding thereto two new sections, to be known as sections 640.800 and 640.801, to read as follows:

640.800.
1. As used in this section, the following terms mean:
(1) "Department", the Missouri department of natural resources;
(2) "Weather modification", the injection, release, or dispersion, by any means, of a chemical, a chemical compound, a substance, or an apparatus into the atmosphere in the state for the purpose of affecting the temperature, weather, climate, or intensity of sunlight.

2. No person or entity shall engage in weather modification in the state. Any person or entity who violates provisions of this section shall be subject to the following penalties:
(1) A class E felony; and
(2) A civil penalty not to exceed two hundred thousand dollars.

3. Any individual may report violations of this section to the department. If the department finds that a violation occurred, the department shall ask the attorney general to commence an action in the court of competent jurisdiction. If the court finds that a violation occurred, the court may grant damages, civil penalties, criminal penalties, injunctive relief, attorney fees, and any such other relief the court finds appropriate.

4. The department shall create an online publically accessible form for the purpose of reporting any instance of weather modification in the state. The department shall also establish a screening method of reports under this subsection and shall investigate each report for any violations of this section.

5. All moneys collected from civil penalties under this section shall be deposited into the natural resources protection fund air pollution permit fee subaccount established pursuant to section 640.220.

6. 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.


640.801.
1. As used in this section, the following terms mean:
(1) "Aircraft", a machine, a vehicle, or device capable of atmospheric flight, except a parachute or other device used primarily as safety equipment;
(2) "Airport", the same as defined in section 305.120;
(3) "Department", the Missouri department of natural resources;
(4) "Weather modification", the same as defined in section 640.800.

2. Beginning on or after January 1, 2027, all operators of airports in the state shall submit monthly reports to the department, using a method determined by the department. Such reports shall contain the following:
(1) Any physical presence of an aircraft on the premises of any airport if the aircraft is equipped with any part, component, device, or otherwise, which may be used for the purpose of weather modification; or
(2) The landing, takeoff, stopover, or refueling of any aircraft equipped with parts, components, or devices described in subdivision (1) of this subsection located on the premises of any airport in the state.

3. The department shall review the reports under subsection 2 of this section to determine whether any violation occurred pursuant to the provisions of section 640.800. If the department determines that a violation or violations occurred, the department shall ask the attorney general to commence an action pursuant to the provisions of section 640.800.

4. The department shall submit aggregate reports under subsection 2 of this section to the Missouri department of transportation every quarter of each calendar year. The Missouri department of transportation shall not expend any state funds to any airport project or program if the airport has any aircraft located on the premises of the airport and such aircraft is engaged in weather modification.

5. The department shall promulgate rules to implement 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.