Louisiana : 2026 Regular Session : BILL SB189
Prohibits the intentional release or dispersion, by burning of fuel, of chemicals into the environment of this state with the express purpose of affecting temperature. (8/1/26)
Sponsor: Sen Michael Fesi
Bill Details
Prohibits the intentional release or dispersion, by burning of fuel, of chemicals into the environment of this state with the express purpose of affecting temperature. (8/1/26)
GeoLawWatch Bill Summary
SB 189 makes a single, narrow amendment to the atmospheric modification prohibition that Louisiana enacted just last year through Act 95 of 2025 (SB 46, also by Senator Fesi). That 2025 law already prohibits the intentional injection, release, application, or dispersal of chemicals, compounds, substances, or apparatus into the atmosphere for the purpose of affecting temperature, weather, climate, or sunlight intensity.
The sole change in SB 189 is the addition of the phrase "including by the burning of fuel in an aircraft engine" to the list of prohibited methods of dispersal. The existing prohibition already uses the broad phrase "by any means," but SB 189 adds this explicit reference to aircraft engine combustion as a named example.
No new penalties are created. No new enforcement mechanisms are added. The bill does not address the separate reporting provisions in the existing law (subparagraph (b)), which require the Department of Environmental Quality to collect and publish public reports of suspected prohibited activity.
The existing exemptions for fire retardant and fire suppressant activities under one thousand feet above ground level, and for aerial application of seeds, fertilizers, or pesticides for agriculture or forestry under one thousand feet, remain unchanged.
Notable observations: By explicitly naming aircraft fuel combustion as a covered method, the bill appears designed to close a perceived interpretive gap, making clear that the products of normal jet fuel combustion fall within the statute's reach when the purpose is atmospheric modification. This is significant because the existing "by any means" language was arguably already broad enough to cover fuel combustion, suggesting this amendment serves more as a declaratory or political statement than a substantive legal expansion. The bill does not create any mechanism for distinguishing between ordinary commercial aviation and flights conducted with the express purpose of atmospheric modification.
History
SB 189 was prefiled on February 26, 2026, and provisionally referred to the Senate Committee on Environmental Quality under the chamber's prefiling rules. Louisiana's 2026 regular session does not officially convene until March 9, 2026, and is scheduled to adjourn by June 1, 2026. Prefiling allows bills to be submitted and assigned to committees before the session formally opens, giving committees time to begin review once the session starts.
This is Senator Fesi's second consecutive session sponsoring atmospheric modification legislation. His SB 46 in the 2025 session created the underlying prohibition now being amended, passing the Senate 27-12 on a party-line vote and the House 58-33 after amendments. That bill was signed by Governor Landry as Act 95 of 2025, effective August 1, 2025. The 2025 law also repealed Louisiana's prior weather modification licensing framework (R.S. 37:2201-2208) and created a public reporting system administered by the Department of Environmental Quality, which has since received over 400 reports from residents.
- Thu 26 Feb 2026 Prefiled and under the rules provisionally referred to the Committee on Environmental Quality.
- Mon 09 Mar 2026 Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Environmental Quality.
- Tue 14 Apr 2026 Rules suspended. Reported favorably.
- Wed 15 Apr 2026 Read by title. Ordered engrossed and passed to third reading and final passage.
- Mon 20 Apr 2026 Read by title, passed by a vote of 29 yeas and 2 nays, and sent to the House. Motion to reconsider tabled.
- Mon 20 Apr 2026 Received in the House from the Senate, read by title, lies over under the rules.
- Tue 21 Apr 2026 Read by title, under the rules, referred to the Committee on Natural Resources and Environment.
- Tue 12 May 2026 Reported favorably (10-0). Referred to the Legislative Bureau.
- Wed 13 May 2026 Reported without Legislative Bureau amendments.
- Mon 18 May 2026 Read by title, passed to 3rd reading.
- Mon 18 May 2026 Scheduled for floor debate on 05/19/2026.
- Tue 19 May 2026 Read by title, returned to the calendar.
- Tue 19 May 2026 Called from the calendar.
- Tue 19 May 2026 Read third time by title, roll called on final passage, yeas 74, nays 22. Finally passed, ordered to the Senate.
- Tue 19 May 2026 Received from the House without amendments.
- Wed 20 May 2026 Enrolled. Signed by the President of the Senate.
- Thu 21 May 2026 Sent to the Governor by the Secretary of the Senate.
- Mon 25 May 2026 Signed by the Speaker of the House.
- Mon 01 Jun 2026 Becomes Act No. 601 without the Governor's signature.
- Mon 01 Jun 2026 Effective date 8/1/2026.
Consolidated Bill Text
2026 Regular Session
SENATE BILL NO. 189
BY SENATOR FESI
ENVIRONMENTAL CONTROL. Prohibits the intentional release or dispersion, by burning of fuel, of chemicals into the environment of this state with the express purpose of affecting temperature. (8/1/26)
AN ACT
To amend and reenact R.S. 30:2057(A)(3)(a), relative to the intentional release of substances into the atmosphere to affect climate, temperature, weather, or sunlight; to provide for prohibitions; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 30:2057(A)(3)(a) is hereby amended and reenacted to read as follows:
1. Prohibitions; exceptions
A. No person shall:
(3)(a) Intentionally inject, release, apply, or disperse, by any means, including by the burning of fuel in an aircraft engine, a chemical, chemical compound, substance, or apparatus into the atmosphere within the borders of this state for the express purpose of affecting the temperature, weather, climate, or intensity of sunlight. The provisions of this Paragraph shall not apply to the injection, release, or dispersal under one thousand feet above ground level of fire retardant or fire suppressant substances for purposes of extinguishing or suppressing fire, or to the aerial application under one thousand feet above ground level of seeds, fertilizers, or pesticides for agriculture or forestry purposes.
DIGEST
SB 189 Original 2026 Regular Session Fesi
Present law prohibits the dispersion of any material into the atmosphere of the state for the purpose of altering temperature, weather, climate, or intensity of sunlight.
Proposed law retains present law and adds burning of fuel in an aircraft engine to the prohibited methods of dispersion of such materials.
Effective August 1, 2026.
(Amends R.S. 30:2057(A)(3)(a))