GeoLawWatch: Tracking Weather & Climate Legislation

ARTICLE 37. PROHIBITION ON GEOENGINEERING AND WEATHER MODIFICATION ACTIVITIES.

Section 22-37-1. Legislative findings.

The Legislature finds that:

(1) Atmospheric polluting activities involving the intentional release of
polluting emissions, including weather modification, stratospheric aerosol
injection, solar radiation modification, and other forms of geoengineering:

(A) Endanger human health and safety and the environment;

(B) Threaten air, water, soil, and wildlife resources;

(C) Disrupt agricultural operations; and

(D) Potentially interfere with aviation, state security, and the economy of
the state;

(2) Pursuant to the Tenth Amendment of the Constitution of the United States
and the inherent right for West Virginia citizens to engage in thoughtful
deliberation and determine public policy by voting, the citizens of the state
do not consent to any unconstitutional actions or efforts made by the federal
government or international bodies that intentionally release polluting
emissions into the state's atmosphere, through geoengineering, cloud seeding,
weather modification, or any other means; and

(3) To preserve the safe and healthful uses of the state's atmosphere for its
people, environment, and agriculture, and to improve beneficial climate efforts,
it is necessary to prohibit geoengineering and to provide for enforcement and
penalties for violative activities.

Section 22-37-2. Definitions.

As used in this article:

"Aerosol injection" means the release of reflective sulfate or other aerosol
particles in the stratosphere by high altitude planes, tethered balloons, high
altitude blimps, artillery, or other means;

"Artificial intelligence" or "AI" means systems or machines that mimic human
intelligence to perform tasks and that can iteratively improve themselves based
on the information they collect;

"Atmospheric contaminant" means any type of aerosol, biological, nonbiological,
or hazardous agent, chaff, genetically modified agent, metal, radioactive
material, vapor, electromagnetic radiation or field, mechanical vibration,
particulate of any size, or any air pollutant regulated by the state, and any
combination thereof.

"Atmospheric contaminant" does not include any engine exhaust from an aircraft
using unadulterated certified aviation fuel;

"Atmospheric polluting activity" means any deliberate release of an atmospheric
contaminant by any human, or by artificial intelligence, or any combination
thereof, that occurs in the atmosphere and that may have harmful consequences
on human health, the environment, or agriculture;

"Chaff" means aluminum-coated silica glass fibers, typically dispersed in
bundles containing millions of inhalable fibers, which break apart and fall to
the ground;

"Cloud seeding" means a type of weather modification that involves the
deliberate introduction of various substances into a cloud in order to induce
or increase precipitation from the cloud;

"Commissioner" means the commissioner of the Department for Environmental
Protection;

"Department" means the Department for Environmental Protection;

"Entity" means any individual, trust, firm, joint stock company, corporation,
quasi-governmental corporation, nongovernmental organization, partnership,
association, syndicate, club, college, university, any agency, subdivision, or
instrumentality of federal, state, or local government, or any interstate or
international governance body;

"Geoengineering and weather modification" means, the intentional manipulation
of the environment by the injection, release, or dispersion, or other means of
a chemical, a chemical compound, a substance, or an apparatus into the
atmosphere within the borders of this state for the express purpose of
affecting the temperature, weather, climate, or intensity of sunlight, and
includes the intentional manipulation of the environment, by any means, of
through an atmospheric polluting activity, to effect changes to the earth's
atmosphere or surface, including but not limited to the practices of weather
modification, aerosol injection, and cloud seeding;

"Hazardous" means a substance or physical agent that by its nature is harmful
to living organisms, property, or any other valuable interest;

"Individual" means a natural person;

"Maser" means a device using the stimulated emission of radiation by excited
atoms to amplify or generate radiation in the microwave range;

"Person" means an individual, business association, financial organization,
estate, trust, government, governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.

"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;

"Release" means any activity that results in the issuance of atmospheric
contaminants such as the emitting, transmitting, discharging, or injecting of
one or more nuclear, biological, chemical, or physical agents into the ambient
atmosphere, whether once, intermittently, or continuously;

"Solar radiation modification" means any attempt to reduce global temperatures
by reflecting more sunlight into space or allowing more infrared radiation from
earth to escape than would naturally occur; and

"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.

Section 22-37-3. Prohibitions on geoengineering or weather modification
activities.

(a) No entity may engage in any form of geoengineering or weather modification
activities within or over the state of West Virginia. The commissioner shall
investigate any credible reports of geoengineering occurring in the state
received under this article, and shall issue an order to any entity that he or
she finds is engaging in geoengineering to immediately cease all geoengineering
activities. Upon issuing the order, the commissioner shall pursue the imposition
of all penalties for engaging in geoengineering authorized under this article
and the administrative regulations promulgated hereunder.

(b) If any activity that the department has deemed to be geoengineering has
been approved, explicitly or implicitly, by the federal government, the
department shall issue a notice to the appropriate federal agency that the
geoengineering activity cannot lawfully be carried out within or over the state.

(c) If the department finds that a foreign state or international body funds,
in part or in whole, or engages in any geoengineering activity, the department
shall prohibit it from engaging in any atmospheric activities in or above the
state. The department shall also provide notice to the foreign state or
international body that the geoengineering activity cannot lawfully be carried
out within or over the state.

(d) The department shall publish quarterly notices in newspapers of general
circulation and shall post notices on the department's website, to encourage
the public to monitor, measure, document, and report present, potential, and
past incidents that may constitute geoengineering activities. An individual who
wishes to present evidence of geoengineering may email or otherwise send to the
commissioner any of the following:

(1) Evidentiary photographs, each separately titled as an electronic or hard
copy document, with the respective location and direction from which the
photograph was taken, with its time and date; and

(2) Any other collected samples of video or audio recordings, lab tests,
microscopy, spectrometry, metering, and other forms of evidence that the
individual may have.

(e) Any local or state official who has received information that causes him
or her to suspect geoengineering activity is occurring shall report that
information to the commissioner within 24 hours of receiving it.

(f) The department shall investigate reports of excessive electromagnetic
radiation or fields caused by human activity in any part of the spectrum,
including but not limited to radiofrequency, microwave, maser, infrared, laser,
and ionizing radiation to ensure that they are not the result of violations of
the requirements of this article or the administrative regulations promulgated
hereunder.

Section 22-37-4. Penalties.

(a) Any person who violates the provisions of this article, or who fails to
perform any duties imposed by this article, or who violates any determination,
permit, administrative regulation, or order of the cabinet promulgated pursuant
thereto shall be liable for a civil penalty not to exceed the sum of $25,000
for each day during which such violation continues, and in addition, may be
concurrently enjoined from any violations as hereinafter provided in this
article, or any provision of this article relating to noise, or who fails to
perform any determination, permit, administrative regulation, or order of the
cabinet promulgated pursuant thereto shall be liable for a civil penalty not
to exceed the sum of $5,000 for said violation and an additional civil penalty
not to exceed $5,000 for each day during which such violation continues, and
in addition, may be concurrently enjoined from any violations as hereinafter
provided in this article.

(b) Any person who knowingly violates this article or who knowingly provides
false information in any document filed or required to be maintained under this
article, or who knowingly renders inaccurate any monitoring device or method,
or who tampers with a water supply, water purification plant, or water
distribution system so as to knowingly endanger human life, shall be guilty of
a felony, and upon conviction thereof, shall be punished by a fine not to
exceed $25,000, or by imprisonment for a term of not less than one year and
not more than five years, or by both fine and imprisonment, for each separate
violation. Each day upon which a violation occurs shall constitute a separate
violation.

(1) If any person engages in generation, treatment, storage, transportation,
or disposal of hazardous waste in violation of the hazardous waste management
provisions of this article or contrary to a permit, order, or rule issued or
promulgated under this article, or fails to provide information or to meet
reporting requirements required by terms and conditions of a permit or
administrative regulations promulgated pursuant to this article, the secretary
may issue an order requiring compliance within a specified time period or may
commence a civil action in a court of appropriate jurisdiction. The violator
shall be liable for a civil penalty not to exceed the sum of $25,000 for each
day during which the violation continues, and in addition, may be enjoined from
any violations in a court of appropriate jurisdiction.

(2) Any person who knowingly is engaged in generation, treatment, storage,
transportation, or disposal of hazardous waste in violation of this article or
contrary to a permit, order, or administrative regulation issued or promulgated
under this article, or knowingly makes a false statement, representation, or
certification in an application for or form pertaining to a permit or in a
notice or report required by the terms and conditions of an issued permit,
shall be guilty of a felony, and upon conviction thereof, shall be punished by
a fine not to exceed $25,000 for each day of violation, or by imprisonment for
a term of not less than one year and not more than five years, or by both fine
and imprisonment, for each separate violation. Each day upon which a violation
occurs shall constitute a separate violation.

(3) Nothing contained in this section shall abridge the right of any person to
recover actual compensatory damages resulting from any violation.

(4) Any person who violates any provision of this article to which no express
penalty provision applies, except as provided in this article, or who fails to
perform any duties imposed by this article, or who violates any determination
or order of the cabinet promulgated pursuant thereto shall be liable for a
civil penalty not to exceed the sum of $1,000 for said violation and an
additional civil penalty not to exceed $1,000 for each day during which the
violation continues, and in addition, may be concurrently enjoined from any
violations as hereinafter provided in this article.

(5) The Circuit Court of Kanawha County shall hold concurrent jurisdiction and
venue of all civil and injunctive actions instituted by the Attorney General on
behalf of the state for the enforcement of the provisions of this article or
the orders and administrative regulations of the cabinet promulgated pursuant
thereto, except for any criminal actions arising from or related to this
article.

(6) In addition to any other penalties that may apply, any person who knowingly
engages in geoengineering activities in violation of this article shall be
guilty of a felony, and shall also be liable for a civil penalty of not less
than $500,000. Each day that a person knowingly engages in geoengineering
activities shall constitute a separate offense.