GeoLawWatch: Tracking Weather & Climate Legislation

House Bill 1420 (HB1420), authored by Representative Murphey and Senator Dahm, is a short bill that proposes to repeal a large section of the existing Oklahoma Weather Modification Act (82 O.S. 2011). If enacted, HB1420 would eliminate the governmental mechanism for financing weather modification activities at the local level.

1. The Original Weather Modification Act (What HB1420 Leaves Intact) The existing Oklahoma Weather Modification Act establishes the overall regulatory and licensing framework for weather modification in the state, which is defined as changing or attempting to control atmospheric cloud forms or precipitation in the troposphere by artificial methods. The framework that HB1420 does not repeal includes: • Regulation by the Board: The Oklahoma Water Resources Board (the Board) is given the authority to establish regulations, conduct studies, cooperate with other agencies, and represent the state in interstate agreements regarding weather modification. • Licensing and Permits: Any person, corporation, or institution seeking to engage in weather modification must first obtain a license and a separate permit from the Board. Licenses require a fee of $100 and proof of competence in meteorology and financial responsibility. • Public Notice and Reporting: Licensees must publish a public "notice of intention" before undertaking an operation and must submit proof of publication to the Board. They are also required to keep records of the methods, equipment, materials used, and participants, and submit these reports to the Board before any public release of information. • Penalties: Violating the act or its regulations constitutes a misdemeanor, punishable by imprisonment for up to ten days or a fine between $100.00 and $1,000.00 for each continuing day of violation.
2. The Repealed Sections (What HB1420 Removes) HB1420 specifically targets and repeals Sections 1087.21 through 1087.33 of the Oklahoma Weather Modification Act. These sections deal exclusively with how local governments—specifically counties, cities, and towns—can fund, organize, and administer weather modification programs. By repealing these sections, HB1420 removes the following key governmental powers: • Local Financing Authority: The bill eliminates the provision that allows local government subdivisions (counties, cities, towns) to expend various funds, including general funds and special assessments, for weather modification. These entities can currently receive public and private donations, payments, and grants, and contract with state, federal, or private agencies for funding. • Special Assessments (Taxes): HB1420 removes the authority for the board of county commissioners to call an election—either on its own motion or based on a petition signed by 10% of qualified electors—to propose a special assessment (tax) on property owners to finance a weather modification plan for up to five years. • Appraisal and Liens: The repealed sections outline a detailed administrative process for levying this special assessment, including appointing appraisers to apportion benefits to landowners and holding public hearings for protests. Crucially, the law currently states that these assessments and collection costs constitute a lien on the property with the same priority as delinquent ad valorem taxes. • Essential County Function: The repeal removes the declaration that weather modification activities are an "essential function of county government". • County Weather Modification Fund: The bill removes the requirement for the county treasurer to establish and manage a specific "county weather modification fund". In Summary: The Human Interpretation of HB1420 In human terms, HB1420 signals that Oklahoma no longer wants local governments to be in the business of running or mandating funding for weather modification programs by imposing special taxes on citizens. It leaves the state in a position where:
3. The core activity of weather modification remains regulated; individuals or entities must still be licensed, obtain permits, and follow strict reporting rules overseen by the Water Resources Board.
4. However, the state removes the financial teeth that allowed counties to declare these programs an "essential function" and force property owners to pay for them via mandatory assessments and property liens. The passage of HB1420 essentially shuts down the ability of Oklahoma’s counties to collect a specific property-based weather modification tax. While private or federally funded cloud seeding could still occur if licensed by the state, the local governmental infrastructure for imposing and funding such operations is dismantled