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Iowa : 2025-2026 Regular Session : BILL  HF2640

A bill for an act prohibiting the intentional emission of air contaminants into the atmosphere, and providing penalties. (Formerly HF 2173.)

Sponsor: Rep Environmental Protection

Bill Details

A bill for an act prohibiting the intentional emission of air contaminants into the atmosphere, and providing penalties. (Formerly HF 2173.)



GeoLawWatch Bill Summary

Prohibition: The emission, injection, release, or dispersion by any means of a chemical, chemical compound, substance, or apparatus into the atmosphere within Iowa's borders is prohibited when done for the express purpose of affecting temperature, weather, climate, or the intensity of sunlight. The prohibition also applies to any other purpose not currently regulated by state or federal law.

Agricultural exemption: The prohibition does not apply to the aerial application of fertilizer, pesticide, herbicide, fungicide, or any other agricultural input by a licensed aerial applicator or a person acting under federal or state law, provided the substance is applied in accordance with all applicable regulations and is not intended or designed for the express purpose of affecting temperature, weather, climate, or intensity of sunlight.

Penalties: Violation is a class D felony, punishable by up to five years' confinement and a fine of $1,025 to $10,245. For corporate violators, officers, directors, or employees are additionally subject to a civil penalty of up to $100,000. Each day a violation occurs constitutes a separate offence.

Airport reporting removed by amendment: The introduced version of the bill included an entire section requiring public-use airports to report monthly to the Department of Transportation on aircraft equipped for atmospheric dispersal. This section, along with associated state funding eligibility conditions and enforcement reporting chains, was entirely stripped by amendment H-8102.

Placement in code: The prohibition is created as a new section 708C.1 under Iowa's criminal code, placing weather engineering alongside serious criminal offences rather than within an environmental or regulatory framework.



History

HF2173 was introduced on January 27, 2026 and referred to the House Environmental Protection Committee. A three-member subcommittee was appointed on January 29, with Representative Wengryn as chair. The subcommittee met on February 5 and recommended amendment and passage. The full committee reported the bill favourably on February 18 with a 9-4 vote (four members excused). On February 19, the committee report was approved, and the bill was renumbered as HF2640 — a standard Iowa procedure where bills that receive substantive committee revision are reissued with a new number to reflect the committee's recommended version.

HF2640 was introduced and placed on the House calendar on February 19, 2026. On March 3, Representative Wengryn — who had chaired the original subcommittee — filed amendment H-8102, which significantly reworked the bill by removing the entire airport reporting infrastructure, adding an agricultural exemption, and simplifying the title. The amendment has been filed but not yet adopted. Iowa's 2026 session is scheduled to adjourn April 21, leaving roughly seven weeks for floor action.

  • Thu 19 Feb 2026 Introduced, placed on calendar. H.J. 350.
  • Tue 03 Mar 2026 Amendment H-8102 filed. H.J. 525.
  • Wed 04 Mar 2026 Fiscal note.
  • Thu 05 Mar 2026 Amendment H-8102 adopted. H.J. 576.
  • Thu 05 Mar 2026 Passed House, yeas 59, nays 26. H.J. 576.
  • Thu 05 Mar 2026 Immediate message. H.J. 601.
  • Mon 09 Mar 2026 Message from House. S.J. 494.
  • Mon 09 Mar 2026 Read first time, referred to Judiciary. S.J. 494.
  • Tue 10 Mar 2026 Subcommittee: Westrich, Knox, and Taylor. S.J. 550.
  • Tue 17 Mar 2026 Subcommittee Meeting: 03/18/2026 12:30PM Room 315.
  • Wed 18 Mar 2026 Subcommittee recommends passage.


Consolidated Bill Text

HOUSE FILE 2640

BY COMMITTEE ON ENVIRONMENTAL PROTECTION
(SUCCESSOR TO HF 2173)

A BILL FOR

An Act prohibiting the intentional emission of air contaminants into the atmosphere, and providing penalties.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1. NEW SECTION. 708C.1 Weather engineering.

1. The emission, injection, release, or dispersion, by any 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, or any other purpose not presently regulated by state or federal law, is prohibited.

2. a. Any person, including any public or private corporation, who violates this section commits a class "D" felony. For a corporation in violation of this section, the officers, directors, or employees of the corporation shall also be subject to a civil penalty not to exceed one hundred thousand dollars.

b. Each day a violation of subsection 1 occurs constitutes a separate offense.

3. This section shall not apply to the aerial application of a fertilizer, pesticide, herbicide, fungicide, or any other agricultural input by a licensed aerial applicator or person acting under the authority of federal or state law, provided such substance is applied in accordance with all applicable regulations and is not intended or designed for the express purpose of affecting the temperature, weather, climate, or intensity of sunlight.


Supplementary documents

LSA LEGISLATIVE SERVICES AGENCY [cite: 1, 2]
Serving the Iowa Legislature [cite: 3]

Fiscal Note [cite: 4]

Fiscal Services Division [cite: 5]

HF 2640 - Geoengineering and Weather Modification Prohibition (LSB6061HV) [cite: 6]
Staff Contact: Garry Martin (515.281.4611) [email protected] [cite: 6]
Fiscal Note Version - New [cite: 6]

Description [cite: 7]

House File 2640 requires entities that operate an airport open to public use to submit monthly reports to the Department of Transportation (DOT) beginning October 1, 2026. The reports must include information regarding the physical presence of aircraft equipped with components that may be used to intentionally emit, inject, release, or disperse air contaminants into the atmosphere for the express purpose of affecting temperature, weather, climate, or the intensity of sunlight, as well as information regarding the landing, takeoff, stopover, or refueling of such aircraft at the airport. [cite: 8] Any airport out of compliance with the reporting requirements is ineligible to receive State funding until compliance is achieved. [cite: 9] The Bill requires the DOT to submit aggregated reports to the Department of Natural Resources (DNR) and the State law enforcement agencies that support enforcement of weather engineering prohibitions. [cite: 10] The Bill requires the DOT to adopt administrative rules implementing the reporting requirements. [cite: 11] The Bill prohibits the emission, injection, release, or dispersion of a chemical, substance, or apparatus into the atmosphere within the State for the express purpose of affecting temperature, weather, climate, or the intensity of sunlight, or any other purpose not presently regulated by State or federal law. [cite: 12] Under the Bill, any person who violates the prohibition is guilty of a Class D felony. [cite: 13] The Bill imposes an additional civil penalty of up to $100,000 on the corporations that engage in weather engineering. [cite: 14] Each day a violation occurs constitutes a separate offense. [cite: 15]

Background [cite: 16]

A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. [cite: 17]

Assumptions [cite: 18]

  • The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; [cite: 19] prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices. [cite: 20]
  • County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day. [cite: 21]
  • Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. [cite: 22] Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals. [cite: 23]
  • A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system. [cite: 24]
  • Offender-based convictions are a count of individuals convicted of the same offense. [cite: 25] Each offender is counted only once per lowa Code section, regardless of the number of individual convictions. [cite: 26]
  • Admissions are a count of individuals newly admitted to the Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed. [cite: 28]

Correctional Impact [cite: 29]

House File 2640 creates a new offense classified as a Class D felony. [cite: 30] The correctional impact of the Bill cannot be determined because the number of new convictions cannot be estimated. [cite: 31] Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; [cite: 32] LOS in months under those supervisions; and supervision marginal costs per day for a Class D felony. [cite: 33] Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system. [cite: 34]

Sentencing Estimates and Length of Stay (LOS) in Months [cite: 35]

Figure 1 [cite: 36]

Conviction Offense Class [cite: 37]Percent Ordered to State Prison [cite: 37]FY 2025 Avg LOS in Prison (All Releases) [cite: 37]Marginal Cost Per Day Prison [cite: 37]Percent Ordered to Probation [cite: 37]FY 2025 Field Avg LOS on Probation [cite: 37]Avg Cost Per Day Probation [cite: 37]Marginal Cost Per Day CBC [cite: 37]Marginal Cost Per Day Jail [cite: 37]FY 2025 Field Avg LOS on Parole [cite: 37]Marginal Cost Per Day Parole [cite: 37]
D Felony Non-Persons [cite: 37]84.2% [cite: 37]12.5 [cite: 37]$23.07 [cite: 37]69.4% [cite: 37]41.4 [cite: 37]$8.00 [cite: 37]$16.35 [cite: 37]$50.00 [cite: 37]15.5 [cite: 37]$8.00 [cite: 37]

Minority Impact [cite: 38]

The minority impact cannot be determined since the number of new convictions under the Bill is unknown. [cite: 39] Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system. [cite: 40]

Fiscal Impact [cite: 41]

The fiscal impact cannot be determined because the number of new convictions under the Bill cannot be estimated. [cite: 42] The average State cost per Class D felony is between $13,000 and $18,100. [cite: 43] The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. [cite: 44] The costs would be incurred across multiple fiscal years for prison and parole supervision. [cite: 45]

Sources [cite: 46]

  • Department of Corrections [cite: 47]
  • Division of Data, Planning, and Improvement (DPI), Department of Management (DOM) [cite: 48]

Doc ID 1601751 [cite: 49]
/s/ Jennifer Acton [cite: 50]
March 4, 2026 [cite: 50]

The Fiscal Note for this Bill was prepared pursuant to Joint Rule 17 and the lowa Code. [cite: 51] Data used in developing this Fiscal Note is available from the Fiscal Services Division of the Legislative Services Agency upon request. [cite: 52]