South Dakota : 2026 Regular Session : BILL HB1271
Prohibit weather and climate modification activities and provide a penalty therefor.
Sponsor: Rep Bobbi Andera & Rep Heather Baxter & Rep Phil Jensen & Rep Dylan Jordan & Rep Kathy Rice & Rep John Sjaarda
Bill Details
Prohibit weather and climate modification activities and provide a penalty therefor.
GeoLawWatch Bill Summary
Prohibited Activities: The bill prohibits any person from injecting, releasing, or dispersing into the atmosphere any chemical, compound, or substance known to cause negative health impacts in toxic amounts for the express purpose of modifying the atmosphere, sunlight intensity, temperature, or weather. It specifically prohibits atmospheric release of aluminium, barium, chaff containing PFAS (perfluoroalkyl and polyfluoroalkyl substances), strontium, or sulfur dioxide for weather/climate modification purposes.
Enforcement Mechanisms:
- Civil penalty of not less than $100,000 for violations, plus $10,000 per day for continuing violations
- Department of Agriculture and Natural Resources administers enforcement
- Online reporting form for citizens to report suspected violations, collecting business name, address, operating hours, owner name, and a list of chemicals dispersed
- Mandatory quarterly reporting by all public and private airport operators regarding aircraft equipped with atmospheric dispersal equipment
- Department of Transportation forwards airport reports to Agriculture and Natural Resources, which refers potential violations to local law enforcement
- Rulemaking required to establish investigation criteria for direct observations, citizen reports, and airport reports
Funding Structure:
- Creates the "weather and climate modification monitoring fund" in the state treasury
- The fund receives all civil penalty fines
- Half of the penalty funds go to the Department of Agriculture and Natural Resources for monitoring, investigation, and compliance
- Half go to the Department of Transportation for airport-related administration
- Interest remains in the fund; expenditures are budgeted through the general appropriation bill
Additional Requirements:
- Any business with a South Dakota facility intending to conduct atmospheric modification activities from outside state borders must file a list of chemicals with the Secretary of State
- Airport reporting requirements incorporated into state grant agreements with public airports, conforming to federal block grant program regulations
- Agricultural aerial applicators (herbicide/pesticide sprayers) are exempted from airport reporting requirements
History
HB 1271 was introduced by Representative Andera for the 2026 Regular Session of the South Dakota Legislature (101st Legislative Session). The bill has been filed but has no recorded legislative history yet, meaning it has not been assigned to a committee or received any hearings or votes.
South Dakota's 2026 session convened on January 13, 2026, with crossover scheduled for February 24, 2026. For a bill to remain viable, it typically must pass its chamber of origin before crossover. Given that no action has been recorded, the bill is in its earliest procedural stage, awaiting committee assignment. South Dakota operates annual sessions with relatively short windows, so bills must move quickly to advance.
- Wed 04 Feb 2026 First read in House and referred to House Agriculture and Natural Resources H.J. 217
- Tue 10 Feb 2026 Scheduled for hearing
- Tue 10 Feb 2026 Agriculture and Natural Resources Deferred to the 41st legislative day, Passed, YEAS 7, NAYS 3. H.J. 17
- Tue 10 Feb 2026 MEETING House Agriculture and Natural Resources Committee
Consolidated Bill Text
2026 South Dakota Legislature
House Bill 1271
101st Legislative Session
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 shall 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, regarding the alleged perpetrator, if known:
(1) Business name;
(2) Physical and mailing address;
(3) Operating hours;
(4) The name of the company owner; and
(5) A list of chemicals, chemical compounds, or substances dispersed into the atmosphere by the alleged perpetrator.
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 of Transportation 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.
House Bill 1271
101st Legislative Session
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 shall 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, regarding the alleged perpetrator, if known:
(1) Business name;
(2) Physical and mailing address;
(3) Operating hours;
(4) The name of the company owner; and
(5) A list of chemicals, chemical compounds, or substances dispersed into the atmosphere by the alleged perpetrator.
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 of Transportation 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.