Kentucky : 2026 Regular Session : BILL HB60

Introduced

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AN ACT relating to geoengineering.

Sponsor: Rep John Hodgson & Rep Shane Baker & Rep Ryan Bivens & Rep Steve Bratcher & Rep Emily Callaway & Rep Josh Calloway & Rep Jennifer Henson Decker & Rep Thomas Huff & Rep Matt Lockett & Rep Candy Massaroni & Rep Marianne Proctor & Rep T.J. Roberts

Bill Details

Create a new section of KRS Chapter 512 to define terms; make criminal atmospheric pollution a Class D felony; require that a person found guilty of criminal atmospheric pollution pay a civil penalty of not less than $500,000 in addition to all other penalties authorized by law; provide that each day that a person engages in criminal atmospheric pollution constitutes a separate offense; empower all peace officers of the Commonwealth to enforce the prohibition on criminal atmospheric pollution; require an arresting officer to issue a notice to any federal agency that approved the action that those activities cannot be lawfully carried out in the Commonwealth.

Bill summary

Creates New Criminal Offense: HB 60 creates a new section within KRS Chapter 512 (Criminal Damage to Property) establishing the crime of “criminal atmospheric pollution.” Prohibited Activities: A person commits criminal atmospheric pollution by intentionally or wantonly engaging in any “atmospheric polluting intervention,” defined as manipulation of earth’s natural systems through: ∙ Stratospheric aerosol injection ∙ Cloud seeding ∙ Solar radiation modification ∙ Intentional release of atmospheric contaminants from airborne sources that may harm human health, environment, or agriculture Penalties: ∙ Class D felony (Kentucky’s lowest felony classification, typically carrying 1-5 years imprisonment) ∙ Mandatory civil penalty of not less than $500,000 (explicitly overrides standard fine limits in KRS 534.030 and 534.050) ∙ Each day of violation constitutes a separate offense Enforcement Mechanisms: ∙ All Commonwealth peace officers are required to enforce the statute ∙ Any person may file a complaint with peace officers or local law enforcement regarding suspected violations ∙ When federally-approved activities are involved, arresting officers must issue notice to the relevant federal agency that the activity cannot lawfully be conducted within or over Kentucky Key Exemptions: ∙ Engine exhaust from aircraft using “unadulterated certified aviation fuel” is excluded from the definition of atmospheric contaminant ∙ Ground-level emissions are excluded, including those from industrial/commercial facilities, residences, vehicles, and agricultural operations Unusual Provisions: ∙ The bill explicitly extends jurisdiction to federal agencies, subdivisions, and international governance bodies through its broad definition of “person” ∙ The federal notice provision creates a formal state-federal friction point without establishing clear preemption defenses ∙ The “wantonly” mental state standard (in addition to “intentional”) potentially broadens criminal liability to reckless conduct

History

HB 60 was introduced in the Kentucky House on January 7, 2026, the first day of the 2026 Regular Session, and was immediately referred to the House Committee on Committees. This committee serves as a gatekeeping body that determines which standing committee will receive a bill for substantive review; assignment to a standing committee has not yet occurred.

Kentucky operates on an annual legislative calendar with a short session in even-numbered years. The 2026 session is scheduled to adjourn by April 15, 2026, giving approximately fourteen weeks for the bill to complete its legislative journey. Bills that do not pass during the session do not carry over to subsequent years. The bill’s early introduction date maximizes available time for committee consideration, though assignment to a standing committee remains pending.

Wed 07 Jan 2026 introduced in House
Wed 07 Jan 2026 to Committee on Committees (H)

Supplementary documents

No supplementary documents available

Bill text

AN ACT relating to geoengineering.
WHEREAS, “geoengineering” means the intentional manipulation of the environment, through an atmospheric polluting intervention, to effect changes to the earth’s atmosphere or surface, including but not limited to the practices of weather modification, solar radiation modification, stratospheric aerosol injection, and cloud seeding; and
WHEREAS, geoengineering activities endanger human health and safety and the environment, threaten air, water, soil, and wildlife resources, disrupt agricultural operations, and potentially interfere with aviation, state security, and the economy of the Commonwealth; and
WHEREAS, pursuant to the Tenth Amendment of the Constitution of the United States and the inherent right for Kentucky citizens to engage in thoughtful deliberation and determine public policy by voting, the citizens of the Commonwealth do not consent to any unconstitutional actions or efforts made by the federal government or international bodies that release atmospheric contaminants into the Commonwealth’s atmosphere through geoengineering, solar radiation modification, cloud seeding, weather modification, or any other means; and
WHEREAS, as recognized by the World Meteorological Organization in guidelines it adopted in 2017, weather modification activities should not be undertaken without considering the high levels of uncertainty involved and the potential harm that could result; and
WHEREAS, to preserve the safe and healthful uses of the Commonwealth’s atmosphere for its people, environment, wildlife, and agriculture, and to improve beneficial climate efforts, it is necessary to prohibit geoengineering, including but not limited to solar radiation modification, and to provide for enforcement and penalties for violative activities;
NOW, THEREFORE,
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section:
(a) “Atmospheric contaminant”:
1. Means any type of aerosol, biological, nonbiological, or hazardous agent, chaff, chemical, chemical compound, genetically modified agent, metal, radioactive material, substance, vapor, electromagnetic radiation or field, mechanical vibration, particulate of any size, or any air pollutant regulated by the Commonwealth, and any combination thereof; and
2. Does not include engine exhaust from an aircraft using unadulterated certified aviation fuel;
(b) “Atmospheric polluting intervention” means any manipulation or interference with earth’s natural systems or processes by altering atmospheric or environmental conditions by:
1. Stratospheric aerosol injection;
2. Cloud seeding;
3. Solar radiation modification; or
4. The intentional release of an atmospheric contaminant from an airborne source that may have harmful consequences on human health, the environment, or agriculture, excluding any release or emission from a ground-level source including but not limited to an industrial or commercial activity or facility, residence, vehicle, or agricultural operation;
(c) “Chaff” means aluminum-coated silica glass fibers, typically dispersed in bundles containing millions of inhalable fibers, which break apart and fall to the ground;
(d) “Cloud seeding” means a type of weather modification that attempts to change the amount or type of precipitation from a cloud by dispersing any one (1) or more atmospheric contaminants into the air;
(e) “Hazardous” means a substance, apparatus, activity, or physical agent that by its nature is harmful to living organisms, property, or any other valuable interest;
(f) “Person” means:
1. Any natural person, trust, firm, joint stock company, corporation, quasi-governmental corporation, nongovernmental organization, public or private partnership, association, syndicate, club, college, or university;
2. Any agency, subdivision, or instrumentality of federal, state, or local government; or
3. Any interstate or international governance body;
(g) “Physical agent” means a source of energy that may cause injury through excessive exposure, including but not limited to radiofrequency, microwave, and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, mechanical vibration, and sound;
(h) “Release” means any activity that results in the issuance of atmospheric contaminants such as the emitting, transmitting, discharging, or injecting of one (1) or more nuclear, biological, chemical, or physical agents into the ambient atmosphere, whether once, intermittently, or continuously;
(i) “Solar radiation modification” means an experiment in the earth’s climatic system involving the release of atmospheric contaminants that reduce the amount of sunlight reaching the earth’s surface through the use of interoperable ground-based, airborne, space-based, or other facilities;
(j) “Stratospheric aerosol injection” means the release of reflective sulfate or other aerosol substances in the stratosphere by high-altitude planes, balloons, high-altitude blimps, artillery, or any other means; and
(k) “Weather modification” means the changing, controlling, or interfering with or attempting to change, control, or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity or other electromagnetic or sonic characteristics of the atmosphere.
(2) A person is guilty of criminal atmospheric pollution when he or she intentionally or wantonly engages in any atmospheric polluting intervention.
(3) Criminal atmospheric pollution shall be a Class D felony. Notwithstanding KRS 534.030 and 534.050, and in addition to any other penalties that may apply, a person guilty of criminal atmospheric pollution shall pay a civil penalty of not less than five hundred thousand dollars ($500,000). Each day that a person engages in criminal atmospheric pollution shall be considered a separate offense.
(4) All peace officers of the Commonwealth shall enforce the requirements of this section, and any person may make a complaint to any peace officer or local law enforcement official relating to any suspected violation of this section.
(5) If any criminal atmospheric pollution has been approved, explicitly or implicitly, by a federal government agency or official, the arresting officer shall issue a notice to the appropriate federal agency or official that the criminal atmospheric pollution intervention cannot lawfully be carried out within or over the Commonwealth.