Wyoming : 2026 Regular Session : BILL HB0012

Prefiled

🔗 Link to Wyoming website 🔗 Link to Legiscan

Clean Air and Geoengineering Prohibition Act.

Sponsor: Jnt Agriculture, State and Public Lands and Water Resources

Bill Details

AN ACT relating to environmental quality; prohibiting the release of atmospheric contaminants into the airspace above Wyoming as specified; providing legislative findings; providing definitions; authorizing the director of the department of environmental quality to monitor compliance with this act and issue cease and desist orders as specified; prohibiting retaliation against persons who report violations of this act; providing criminal penalties; providing positions; providing appropriations; requiring rulemaking; making conforming amendments; and providing for an effective date.

GeoLawWatch Bill Summary

Core Prohibition

Wyoming HB0012 prohibits any person from intentionally injecting, releasing, or dispersing "atmospheric contaminants" within Wyoming or its airspace for the purpose of altering climate, weather, or solar radiation.

The law bans the following activities:

Solar radiation management
Stratospheric aerosol injection
Weather modification (excluding cloud seeding)
Interventions that release contaminants into the air

The law also bans using any vehicle or facility to intentionally release atmospheric contaminants.

Atmospheric contaminants include substances intentionally released to alter climate, weather, or solar radiation, such as sulfates, smart dust, PFAS, genetically modified particles, chaff, or radioactive materials.

Exceptions

The law makes exceptions for the following activities:

Commercial aviation or satellite operations are exempt if their purpose is not to alter climate, weather, or solar radiation (including standard aviation exhaust).
Weather observation and forecasting
Agricultural chemical application conducted pursuant to law
Fire suppression, including aerial application of fire retardants or water
Snowmaking activities are permitted under lawful water rights, as long as they are not intended to alter climate or weather beyond their direct use.
Cloud seeding is permitted if expressly authorized by law and not intended for broader atmospheric alteration.
Other activities are exempt only if expressly authorized by state environmental laws and not intended to alter climate or weather.

Department of Environmental Quality (DEQ) Oversight

The Director of the Department of Environmental Quality (DEQ) oversees risk assessment, monitoring, enforcement, and notification regarding violations of this law and the Tenth Amendment.

Assess whether listed contaminants are hazardous to people or the environment.
Monitor aircraft, drones, balloons, rockets, and facilities for atmospheric contaminant release.
Seek court orders to stop prohibited activities if detected.
Notify federal, state, or international entities about violations and declare such actions illegal under this law and the Tenth Amendment.

Criminal Penalties

First offense: Felony punishable by up to 2 years imprisonment, fine of $100,000–$500,000, or both
Second or subsequent offense: Felony punishable by up to 5 years imprisonment, fine of at least $500,000, or both
Each day that a banned activity happens counts as a separate offense.

Whistleblower Protection

No person may retaliate against, harass, discipline, or discriminate against anyone who reports or provides evidence of suspected violations. Good faith reports cannot be considered defamatory, frivolous, or retaliatory.

Conforming Amendments

The bill amends Wyoming's existing cloud seeding statutes (W.S. 9-1-905 through 9-1-909) to replace references to "weather modification" with "cloud seeding," clarifying that the state's existing cloud seeding permit system remains in place and is not affected by the new geoengineering prohibitions.

Funding

$500,000 appropriated from the general fund for two full-time DEQ positions (one in Division 0200, one in Division 0300) for fiscal years 2027-2028, with legislative intent to include these positions in the standard budget thereafter.

History

HB0012 was assigned a bill number on December 5, 2025, sponsored by the Joint Agriculture, State and Public Lands & Water Resources Interim Committee—the same committee sponsoring companion resolution HJ0001. Wyoming's 2026 regular session begins February 9, 2026, with introduction deadlines of February 13 for both chambers.

The bill was prefiled well in advance of the session, a common practice for interim committee measures that have undergone substantial preparatory work. Unlike HJ0001 (a non-binding resolution requesting Congressional action), HB0012 is enforceable legislation that would create new criminal statutes and impose immediate obligations on the Department of Environmental Quality upon passage.

The fiscal note reveals important implementation details: DEQ will receive two new full-time positions classified as ENNR11, with the agency explicitly assuming the bill requires only literature review and coordination with state and federal agencies—not actual atmospheric sampling or chemical analysis. The Wyoming Water Development Office confirmed there will be no fiscal impact on its cloud seeding operations, as the bill provides clear statutory exclusions for cloud seeding authorised by law.

Fri 05 Dec 2025 Bill Number Assigned
Fri 09 Jan 2026 Received for Introduction

Consolidated Bill Text

2026 STATE OF WYOMING 26LSO-0211
HB0012
HOUSE BILL NO. HB0012

Clean Air and Geoengineering Prohibition Act.

Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee

A BILL

for
AN ACT relating to environmental quality; prohibiting the release of atmospheric contaminants into the airspace above Wyoming as specified; providing legislative findings; providing definitions; authorizing the director of the department of environmental quality to monitor compliance with this act and issue cease and desist orders as specified; prohibiting retaliation against persons who report violations of this act; providing criminal penalties; providing positions; providing appropriations; requiring rulemaking; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 35-11-2201 through 35-11-2204 are created to read:

ARTICLE 22
WYOMING CLEAN AIR AND GEOENGINEERING PROHIBITION ACT

35-11-2201. Short title.
This act shall be known and may be cited as the "Wyoming Clean Air and Geoengineering Prohibition Act."

35-11-2202. Legislative findings.
(a) The legislature finds and declares:
(i) Federal agencies, international bodies, corporations and research institutions have proposed, studied or in some cases undertaken atmospheric modification experiments intended to alter weather, temperature or solar radiation;
(ii) The risks to human health, agriculture, wildlife and environmental safety from atmospheric modification experiments and other atmospheric interventions are not well understood and may have harmful consequences;
(iii) It is the constitutional duty of state government to safeguard public health, defend private property, protect agricultural integrity and assert state sovereignty over activities conducted within its borders and above its skies under the tenth amendment of the United States constitution;
(iv) It is the intent of the legislature to prohibit atmospheric modification experiments, protect public health and ensure that the Wyoming department of environmental quality is empowered to monitor and enforce air quality protections.

35-11-2203. Definitions.
(a) As used in this act:
(i) "Atmospheric contaminant" means any substance intentionally released into the atmosphere for the purpose of altering climate, weather or solar radiation, including but not limited to sulfates, smart dust, perflouroalkyl and polyfluoroalkyl substances, genetically modified particles, chaff or radioactive materials. "Atmospheric contaminant" shall not mean exhaust from standard aviation using fuels permitted by law, emissions from agricultural or forestry operations permitted by law, fire suppression agents, cloud seeding agents or naturally occurring atmospheric particulates;
(ii) "Geoengineering" means the deliberate large-scale manipulation of environmental processes to affect climate conditions;
(iii) "Solar radiation management" means experimental techniques designed to reduce the amount of sunlight reaching the earth's surface through reflective particles or other methods;
(iv) "Stratospheric aerosol injection" means the release of reflective aerosols into the stratosphere by aircraft, balloons or other means;
(v) "Weather modification" means any action intended to change or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature or other atmospheric conditions. "Weather modification" shall not include cloud seeding;
(vi) "This act" means W.S. 35-11-2201 through 35-11-2204.

35-11-2204. Atmospheric engineering prohibited; exemptions; enforcement; penalties.
(a) No person shall intentionally inject, release or disperse by any means any atmospheric contaminant within Wyoming or the airspace above Wyoming for the purpose of altering climate, weather or solar radiation.
(b) Prohibited activities under this section include, but are not limited to:
(i) Solar radiation management;
(ii) Stratospheric aerosol injection;
(iii) Weather modification;
(iv) Atmospheric polluting interventions, including dispersal of atmospheric contaminants.
(c) Nothing in this act shall be construed to prohibit or restrict:
(i) Commercial aviation or satellite operations;
(ii) Weather observation and forecasting;
(iii) Agricultural chemical application conducted pursuant to law;
(iv) Fire suppression, including the aerial application of fire retardants or water for wildfire management;
(v) Snowmaking activities that are authorized under a lawfully permitted water right;
(vi) Cloud seeding authorized by law;
(vii) Lawful activities expressly authorized by state environmental laws.
(d) No person shall employ aircraft, drones, balloons, rockets, artillery, space-based platforms or ground-based facilities for the intentional release or dispersal of atmospheric contaminants. This prohibition shall not apply to aviation, space or ground activities unrelated to geoengineering, weather modification or solar radiation management, including commercial, agricultural, research, cloud seeding, defense or emergency operations permitted by state law.
(e) The director of the department of environmental quality shall:
(i) Study whether the atmospheric contaminants listed in this act pose a threat to human and environmental health or safety;
(ii) Monitor all aircraft, drones, balloons or rockets that enter the state's airspace to determine whether atmospheric contaminants are being dispersed;
(iii) Monitor all space-based platforms above the state and ground-based facilities within the state to determine whether atmospheric contaminants are being dispersed;
(iv) Petition a court of competent jurisdiction to issue a cease and desist order upon discovery of any prohibited activity under this act.
(f) The director of the department of environmental quality shall notify the federal government, other states or international entities who are committing prohibited activities under this act and assert that those activities are unlawful within Wyoming pursuant to this act and the tenth amendment to the United States constitution.
(g) No person shall retaliate against, harass, discipline or discriminate against any person on the basis that the person reported or provided evidence of a suspected violation of this act. Reports made in good faith shall not be considered defamatory, frivolous or retaliatory.
(h) Notwithstanding W.S. 35-11-901, any person who violates this act:
(i) For a first offense, commits a felony punishable by imprisonment for not more than two (2) years, a fine of not less than one hundred thousand dollars ($100,000.00) and not more than five hundred thousand dollars ($500,000.00), or both; or
(ii) For a second or subsequent offense, commits a felony punishable by imprisonment for not more than five (5) years, a fine of not less than five hundred thousand dollars ($500,000.00), or both. Each day where prohibited activity is conducted constitutes a separate offense.
Section 2. W.S. 9-1-905(a)(ii) and (iii), 9-1-906, 9-1-907(a) and (d), 9-1-908 and 9-1-909 are amended to read:

9-1-905. Cloud seeding; legislative declarations.
(a) It is hereby declared that:
(ii) Although little is known regarding artificial weather modification, research and experimentation regarding cloud seeding shall be encouraged;
(iii) Although the ultimate use of modification cloud seeding methods is speculative, the application of such methods should have proper safeguards and provide sufficient data to protect life, property and public interest.

9-1-906. Duty of state engineer to gather information relative to cloud seeding in state.
The state engineer shall procure, compile and evaluate information relative to weather modification cloud seeding experiments and activities within the state boundaries. The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.

9-1-907. Cloud seeding; permit required; issuance; duration; fee; report of activities; penalties for noncompliance.
(a) It is unlawful for anyone to engage in weather modification cloud seeding activities except by permit prescribed and issued by the state engineer.
(d) Any person engaging in a weather modification cloud seeding experiment without a permit is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not more than ninety (90) days.

9-1-908. Cloud seeding; authority to receive and expend funds; purposes.
The state engineer is authorized to receive in the name of the state any funds offered or available from any source, and to expend such funds for the expenses of administering this act and for the encouragement of experimentation in weather modification cloud seeding by the University of Wyoming or any other appropriate state or public agency, either by direct grant, by contract or other cooperative means.

9-1-909. Cloud seeding; state not liable for activities of private persons or groups.
Nothing in W.S. 9-1-905 through 9-1-909 shall be construed to impose or accept any liability or responsibility on the part of the state, the board, or any state officials or employees, for any weather modification or cloud seeding activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private persons or groups.

Section 3.
(a) The department of environmental quality is authorized up to two (2) full-time positions for the period beginning July 1, 2026 and ending June 30, 2028 for the purposes of implementing this act. It is the intent of the legislature that the department of environmental quality include these full-time positions in its standard budget for the immediately succeeding fiscal biennium.
(b) There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the department of environmental quality to be expended only for the purpose of funding the positions authorized in subsection (a) of this section. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2028. It is the intent of the legislature that this appropriation be included in the standard budget for the department of environmental quality for the immediately succeeding fiscal biennium.

Section 4. The department of environmental quality shall promulgate all rules necessary to implement this act.

Section 5. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)

Supplementary documents

FISCAL NOTE

This bill contains an appropriation of $500,000 from the GENERAL FUND to the Dept. of Environmental Quality. This appropriation is effective immediately.

This bill contains an authorization of 2 full-time position(s).

DETAIL OF APPROPRIATION Agency #: 020 Agency Name: Dept. of Environmental Quality Unit: 0200/0300

EXPENDITURE BY SERIES AND YEAR 0100 Personnel/Benefit Costs FY 2026: $0 FY 2027: $250,000 FY 2028: $250,000 Total Expenditure Per Year: FY 2026: $0 FY 2027: $250,000 FY 2028: $250,000 Grand Total Expenditure: $500,000 Total Appropriated to Agency: $500,000 Total Appropriated by Fund: GENERAL FUND: $500,000

Description of Appropriation:

The appropriation is for two full-time positions. The first position is in Division 0200 and the second position is in Division 0300. Both positions are classified as ENNR11.

Assumptions:

The Department of Environmental Quality's assumption is that the proposed bill does not include any sampling and/or analysis, only a literature review and coordination with state and federal agencies.

The passage of this bill is not expected to have a fiscal impact on the administration of the Wyoming Water Development Office. The bill, as drafted, provides an exclusion for cloud seeding authorized by law. The Wyoming Water Development Office's annual Cloud Seeding Operations are authorized through the annual Omnibus Water Bill – Construction.

NOTICE-AGENCY ESTIMATE OF ADMINISTRATIVE IMPACT REQUESTED

This bill has administrative impact that appears to increase duties or responsibilities of one or more state agencies and may impact agency spending or staffing requirements. As introduced, the bill does not modify any state agency budget or current personnel authorizations.

The following state agencies will be asked to provide their estimate of the administrative fiscal impact prior to the first committee meeting held to consider the bill:

Dept. of Environmental Quality