Kansas : 2025-2026 Regular Session : BILL HB2439
Enacting the Kansas geoengineering and weather modification prohibition act, prohibiting geoengieering and weather modification activities, providing criminal penalties for violations of the act and assigning enforcement and reporting authority to the department of health and environment.
Sponsor: Rep Federal and State Affairs
Bill Details
Enacting the Kansas geoengineering and weather modification prohibition act, prohibiting geoengieering and weather modification activities, providing criminal penalties for violations of the act and assigning enforcement and reporting authority to the department of health and environment.
Bill summary
Prohibition: All geoengineering and weather modification activities are prohibited within Kansas. The definition covers the injection, release, or dispersion of chemicals, substances, or apparatus into the atmosphere for the express purpose of affecting temperature, weather, climate, or sunlight intensity.
Criminal Penalties:
- Primary violation: Severity level 6 nonperson felony plus fine up to $100,000
- Corporate officers, directors, and employees who knowingly commit violations: Fine up to $100,000 each (in addition to corporate penalty)
- Aircraft operators or controllers: Severity level 6 nonperson felony plus fine up to $5,000
- Each violation constitutes a separate offence
Enforcement: The Department of Health and Environment serves as the primary enforcement agency, with authority to investigate, issue notices of violation, assess administrative penalties, and refer cases for criminal prosecution.
Public Reporting System: The Department must establish an email address and online form for citizens to report observed violations. Reports may be referred to the Adjutant General (Kansas National Guard) when appropriate.
Airport Reporting Requirements: Beginning October 1, 2026, all public use general aviation airports must submit monthly reports to the Department of Transportation identifying: *Any aircraft on airport property equipped with parts, components, or devices that may support geoengineering activities *Any landing, takeoff, stopover, or refuelling of such equipped aircraft
Funding Consequences: State airport funding under K.S.A. 75-5061 will be withheld from any public-use general aviation airport that is not in compliance with the reporting requirements.
Fine Disposition: All collected fines are deposited into the Air Quality Fee Fund.
Statutory Repeal: The bill repeals the entire Kansas Weather Modification Act (K.S.A. 82a-1401 through 82a-1425).
History
HB 2439 was introduced in the Kansas House on January 14, 2026, the first day bills could be formally read into the record for the 2026 session. The bill was requested by Representative Resman and originated from the Committee on Federal and State Affairs rather than through individual member sponsorship. This committee assignment is significant because Federal and State Affairs typically handles matters involving constitutional questions and federal-state relations, suggesting the committee will likely examine federal preemption issues in aviation and atmospheric regulation.
Kansas operates on a biennial legislative cycle with odd-year sessions carrying over to even years. The 2026 session began January 12, with a crossover deadline of February 19 and final adjournment scheduled for April 10. For this bill to advance, it must clear the committee and receive a floor vote in the House before crossover to remain viable for the session.
- Wed 14 Jan 2026 House Introduced
Supplementary documents
No supplementary documents available
Bill text
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This act shall be known and may be cited as the Kansas geoengineering and weather modification prohibition act.
(b) The purpose of this act is to:
(1) Prohibit geoengineering or weather modification activity; and
(2) authorize the department of health and environment to enforce such prohibition.
Sec. 2. As used in this act, the following words and phrases shall have the meanings given to them below, unless the context requires otherwise:
(1) "Act" means sections 1 through 7, and amendments thereto.
(2) "Aircraft" means a powered or unpowered machine or device capable of atmospheric flight. "Aircraft" does not mean a parachute or other such device used primarily as safety equipment.
(3) "Department" means the department of health and environment.
(4) "Geoengineering or weather modification activity" means the injection, release or dispersion of chemicals, substances or apparatus into the atmosphere within the borders of the state of Kansas for the express purpose of affecting temperature, weather, climate or the intensity of sunlight.
(5) "Person" means an individual or a company, partnership, corporation, society association or governmental agency and any authorized agent thereof.
(6) "Public use general aviation airport" means the same as defined in K.S.A. 75-5061, and amendments thereto.
(7) "Secretary" means the secretary of health and environment.
Sec. 3. (a) Geoengineering or weather modification activities are prohibited.
(b) (1) (A) Any person, including any public or private corporation, who violates the prohibition of subsection (a) commits a severity level 6, nonperson felony and shall be subject to a fine not exceeding $100,000.
(B) In addition to any other penalty imposed under this section, if a corporation violates the prohibition of subsection (a), the officers, directors or employees of the corporation who knowingly commit the violation shall each be subject to a fine not exceeding $100,000.
(C) In addition to any other penalty imposed under this section, if an aircraft operator or controller violates the prohibition of subsection (a), such person commits a severity level 6, nonperson felony and a fine not exceeding $5,000.
(2) Each violation of subsection (a) shall constitute a separate offense.
(c) All moneys collected pursuant to this section shall be deposited in the air quality fee fund established by K.S.A. 65-3024, and amendments thereto.
Sec. 4. (a) Any person who observes a geoengineering or weather modification activity conducted in violation of section 3, and amendments thereto, may report the observed violation to the department online or by telephone, mail or email.
(b) The department shall establish an email address and an online form for persons to report observed violations under this section and shall make the email address and online form publicly accessible on the department's website.
(c) The department shall establish a method for intake and screening of reports made under this section and investigate any report that warrants further review to determine whether there are violations of section 3, and amendments thereto.
(d) The department shall refer reports of observed violations made under this section to the adjutant general, if appropriate.
(e) The secretary may adopt any rules and regulations necessary to implement this section.
Sec. 5. (a) The department shall be the primary agency responsible for administering and enforcing this act. The secretary shall be authorized to take all actions necessary to implement and enforce this act, including investigation, issuance of notices of violation, assessment of administrative penalties where authorized by law, referral for criminal prosecution and coordination with state and local law enforcement.
(b) The secretary may enter into interagency agreements to facilitate reporting, investigation or enforcement under this act.
Sec. 6. (a) Beginning on October 1, 2026, and every month thereafter, all operators of public use general aviation airports shall report to the department of transportation, using a method determined by the secretary of transportation, the following:
(1) The physical presence of any aircraft on public property, including any public use general aviation airport, equipped with any part, component or device that may be used to support a geoengineering or weather modification activity; and
(2) the landing, takeoff, stopover or refueling of an aircraft equipped with the components outlined in paragraph (1) on the physical location of the public use general aviation airport.
(b) State funds shall not be expended pursuant to K.S.A. 75-5061, and amendments thereto, to support a project or program located on or in support of any public use general aviation airport that is not in compliance with this section until such time as the entity becomes compliant with this section.
(c) Upon receipt of the reports required in subsection (a), the department of transportation shall submit aggregated reports to the secretary of health and environment and the applicable state law enforcement agency in support of the enforcement of section 3, and amendments thereto.
(d) The department of transportation shall incorporate reporting guidelines in all grant agreements for any public use general aviation airport that receive state funds pursuant to K.S.A. 75-5061, and amendments thereto.
(e) The secretary of transportation may adopt rules and regulations as necessary to implement this section.
Sec. 7. The provisions of this act are severable. If any provision of this act is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
Sec. 8. K.S.A. 82a-1401, 82a-1402, 82a-1403, 82a-1405, 82a-1406, 82a-1407, 82a-1408, 82a-1409, 82a-1410, 82a-1411, 82a-1412, 82a-1413, 82a-1414, 82a-1415, 82a-1416, 82a-1417, 82a-1418, 82a-1419, 82a-1420, 82a-1421, 82a-1422, 82a-1423, 82a-1424 and 82a-1425 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its publication in the statute book.