GeoLawWatch Open Legislation 11
Substack

SDBillHB1294Sine die

Prohibit geoengineering in this state.

  1. Introduced
  2. Passed one chamber
  3. Passed both chambers
  4. Passed

South Dakota's HB 1294 is a bare-bones geoengineering prohibition—just six lines of text making it a felony, with no enforcement infrastructure, no funding, and a narrow definition that specifically targets climate change countermeasures rather than weather modification generally.

Our summary

This bill creates a simple prohibition on geoengineering in South Dakota and adds it to Chapter 34A-1 (the state's environmental protection statutes).

The prohibition covers "geoengineering," defined as intentional, large-scale intervention in the Earth's climate system to counteract climate change through either removing carbon dioxide from the atmosphere or reflecting sunlight away from Earth.

Penalty: Violation is a Class 6 felony. In South Dakota, a Class 6 felony carries a maximum penalty of 2 years imprisonment and/or a $4,000 fine.

Notable gaps: The bill contains no enforcement mechanism, no designated enforcement agency, no civil penalties, no funding provisions, and no reporting requirements. The definition requires activities to be "large-scale" and intended "to counteract climate change," which could create interpretive challenges for prosecution. Cloud seeding and weather modification are not explicitly addressed, though they would likely fall outside this definition since they are not typically characterised as climate change countermeasures.

Legislative history

  1. Meeting: House Agriculture and Natural Resources. Read our write-up
  2. Agriculture and Natural Resources Deferred to the 41st legislative day, Passed, YEAS 7, NAYS 3. H.J. 22
  3. Agriculture and Natural Resources Motion to amend, Passed H.J. 22 Amendment 1294C
  4. Scheduled for hearing H.J. 1
  5. First read in House and referred to House Agriculture and Natural Resources H.J. 217

Additional documents

Bill text 
26.973.9
101st Legislative Session
1294
2026 South Dakota Legislature
House Bill 1294
Introduced by: Representative Andera
An Act to prohibit geoengineering in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That a NEW SECTION be added to chapter 34A-1:

No person may engage in geoengineering in this state.

A violation of this section is a Class 6 felony.

For purposes of this section, "geoengineering" means the intentional, large-scale intervention in the earth's climate system to counteract climate change by:

(1) Removing carbon dioxide from the atmosphere; or

(2) Reflecting sunlight away from earth.