South Dakota : 2026 Regular Session : BILL HB1181
Prohibit weather and climate modification activities and provide a penalty therefor.
Sponsor: Rep Bobbi Andera & Rep Aaron Aylward & Rep Heather Baxter & Sen Red Foster & Rep Timothy Goodwin & Rep Phil Jensen & Rep Dylan Jordan & Rep Kathy Rice & Rep Brandei Schaefbauer & Rep John Sjaarda
Bill Details
Prohibit weather and climate modification activities and provide a penalty therefor.
GeoLawWatch Bill Summary
Prohibition on Atmospheric Modification The bill creates a comprehensive ban on dispersing chemicals into the atmosphere for the purpose of modifying the atmosphere, sunlight intensity, temperature, or weather. Two distinct prohibitions apply: a general ban on any chemical known to cause negative health impacts in toxic amounts, and a specific ban on aluminium, barium, chaff containing PFAS, strontium, and sulfur dioxide.
Penalties Civil penalties of not less than $100,000 for any violation, plus $10,000 per day for continuing violations. No criminal penalties are specified.
Dedicated Monitoring Fund Creates a Weather and Climate Modification Monitoring Fund in the state treasury, funded by collected fines. The Department of Agriculture and Natural Resources administers the fund, allocating half to its own enforcement activities and transferring the other half to the Department of Transportation for airport-related administration.
Citizen Reporting System Requires the department to establish an online reporting form that allows the public to report suspected violations, including business name, address, operating hours, majority owner, and chemicals used.
Airport Reporting Requirements All public and private airports must file quarterly reports with the Department of Transportation identifying any aircraft equipped with components commonly used for atmospheric dispersal. Aerial applicator aircraft (crop dusters) are explicitly exempt. Reports are forwarded to Agriculture and Natural Resources, which refers potential violations to local law enforcement.
Grant Agreement Integration Beginning July 1, 2026, the Department of Transportation must incorporate reporting requirements into all grant agreements with public airports, subject to federal block grant program regulations.
Out-of-State Business Registration Any business with a South Dakota facility or office that intends to conduct atmospheric modification activities from outside the state must register the chemicals to be used with the Secretary of State.
Rulemaking Authority Both the Department of Agriculture and Natural Resources and the South Dakota Aeronautics Commission are directed to promulgate rules establishing investigation criteria, compliance monitoring, reporting forms, and grant agreement templates.
History
House Bill 1181 was introduced by Representative Andera for the 2026 regular session of the 101st South Dakota Legislature. As a newly raised bill, no procedural history has been posted yet.
South Dakota's 2026 session convened on Tuesday, January 13, 2026. The bill introduction deadline is Wednesday, February 4, 2026, and crossover (the deadline for bills to pass their chamber of origin) falls on Tuesday, February 24, 2026. Final adjournment is scheduled for Monday, March 30, 2026, giving this bill a relatively compressed window for consideration.
- Wed 28 Jan 2026 First read in House and referred to House Judiciary H.J. 164
- Mon 02 Feb 2026 Withdrawn at the Request of the Prime Sponsor H.J. 192
Consolidated Bill Text
101st Legislative Session
1181
2026 South Dakota Legislature
House Bill 1181
Introduced by: Representative Andera
An Act to prohibit weather and climate modification activities and provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 34A-1:
There is created in the state treasury the weather and climate modification monitoring fund. This fund consists of fines received pursuant to section 2 of this Act and all other moneys designated for deposit in the fund.
The Department of Agriculture and Natural Resources shall administer the fund. The purpose of the fund is to defray expenses associated with monitoring for prohibited weather modification activities, investigating complaints, assessing civil penalties, and monitoring for compliance. The department may use one-half of the moneys received pursuant to section 2 of this Act to defray the expenses of activities associated with administering sections 1 to 4, inclusive, of this Act. The department shall provide one-half of the moneys received pursuant to section 2 of this Act to the Department of Transportation to defray any expenses associated with administering sections 5 to 8, inclusive, of this Act.
Interest on moneys credited to the fund must remain in the fund.
Expenditures from the fund must be budgeted through the general appropriation bill.
Section 2. That a NEW SECTION be added to chapter 34A-1:
No person may inject, release, or disperse, by any means, any amount of a chemical, a chemical compound, or a substance, which is known to cause negative health impacts in toxic amounts, into the atmosphere, for the express purpose of modifying atmosphere, intensity of sunlight, temperature, or weather.
No person may inject, release, or disperse, by any means, any amount of aluminum, barium, chaff containing perfluoroalkyl and polyfluoroalkyl substances, strontium, or sulfur dioxide, into the atmosphere for the express purpose of modifying atmosphere, intensity of sunlight, temperature, or weather.
The department must assess a civil penalty of not less than one hundred thousand dollars for a violation of this section, plus ten thousand dollars per day for each day the violation continues.
The department shall deposit any moneys collected pursuant to this section in the weather and climate modification monitoring fund created in section 1 of this Act.
Section 3. That a NEW SECTION be added to chapter 34A-1:
The department shall establish an online form for persons to use in reporting suspected violations of section 2 of this Act. The form must allow persons to report the following, if known:
(1) A business name;
(2) The address of the alleged perpetrator;
(3) Operating hours of the company;
(4) The name of the majority owner of the company; and
(5) A list of chemicals, chemical compounds, or substances dispersed by the company into the atmosphere.
Section 4. That a NEW SECTION be added to chapter 34A-1:
The department shall promulgate rules, in accordance with chapter 1-26, to:
(1) Establish criteria for investigating possible violations of section 2 of this Act observed directly by department personnel;
(2) Establish criteria for investigating reports of possible violations of section 2 of this Act received:
(a) From individuals; or
(b) From airports that are required to file quarterly reports pursuant to section 5 of this Act; and
(3) Establish criteria for on-going compliance monitoring efforts.
Section 5. That a NEW SECTION be added to chapter 34A-1:
The operator of any public airport approved under section 50-5-1, and the operator of any private airport, shall report quarterly to the Department of Transportation, in the manner directed by the department, the presence of any aircraft equipped with any component, device, or part that is commonly used to support the dispersion, injection, intentional emission, or release of air contaminants into the atmosphere for the express purpose of modifying atmosphere, intensity of sunlight, temperature, or weather.
Aircraft equipped with aerial applicator equipment for use in applying herbicides or pesticides are exempt from the reporting requirement in this section.
Section 6. That a NEW SECTION be added to chapter 34A-1:
The Department of Transportation shall forward any reports received in accordance with section 5 of this Act to the Department of Agriculture and Natural Resources. The Department of Agriculture and Natural Resources shall refer possible violations of section 2 of this Act to the law enforcement agency having jurisdiction over the area in which the violations allegedly occurred.
Section 7. That a NEW SECTION be added to chapter 34A-1:
Beginning on July 1, 2026, the department shall incorporate the reporting requirements required in section 5 of this Act in all grant agreements with public airports in this state, in a manner that conforms to federal regulations for the state block grant program for airports, as set forth in 49 U.S.C. section 47128 (January 1, 2026).
Section 8. That a NEW SECTION be added to chapter 34A-1:
The South Dakota Aeronautics Commission shall promulgate rules, in accordance with chapter 1-26, to:
(1) Develop a reporting form for use in accordance with section 5 of this Act;
(2) Provide for the processing of reports received in accordance with section 5 of this Act and the referral of reports to the Department of Agriculture and Natural Resources; and
(3) Create a template for use in grant agreements with public airports, which includes the reporting requirements set forth in section 5 of this Act.
Section 9. That a NEW SECTION be added to chapter 34A-1:
Any business that has a facility or office in this state and intends to inject, release, or disperse, from outside the borders of this state, any chemical, chemical compound, or substance, to modify the atmosphere, intensity of sunlight, temperature, or weather, must provide the Secretary of State with a list of any chemicals, chemical compounds, or substances to be dispersed into the atmosphere.