House File 2640 - Introduced HOUSE FILE 2640 BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HF 2173) A BILL FOR An Act relating to the intentional emission of air contaminants 1 into the atmosphere, including prohibitions and reporting 2 requirements, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6061HV (1) 91 sb/js

H.F. 2640 Section 1. NEW SECTION . 330.25 Weather engineering devices. 1 1. For purposes of this section: 2 a. “Aircraft” means a powered or unpowered machine or device 3 capable of atmospheric transportation, except a parachute or 4 other such device used primarily as safety equipment. 5 b. “Department” means the department of transportation. 6 2. By the first day of each month beginning October 1, 2026, 7 all airport commissions, local authorities, or any other entity 8 who operates an airport open to public use shall report to the 9 department, using a method determined by the department, all 10 of the following: 11 a. The physical presence of any aircraft located on an 12 airport open to public use, equipped with any part, component, 13 device, or the like that may be used to support the intentional 14 emission, injection, release, or dispersion of air contaminants 15 into the atmosphere within the borders of this state when such 16 emission, injection, release, or dispersion occurs for the 17 express purpose of affecting temperature, weather, climate, or 18 the intensity of sunlight. 19 b. The landing, takeoff, stopover, or refueling of an 20 aircraft equipped with a part, component, device, or the like 21 described in paragraph “a” on the physical location of the 22 airport open to public use. 23 3. Notwithstanding any other provision of law to the 24 contrary, a project or program located on or in support of an 25 airport open to public use that is not in compliance with this 26 section shall be ineligible to receive any state funding until 27 such time as the entity becomes compliant with this section. 28 4. Upon receipt of reports required in subsection 1, the 29 department shall submit aggregated reports to the department 30 of natural resources and the applicable state law enforcement 31 agency in support of the enforcement of section 708C.1. 32 5. The department shall incorporate reporting guidelines 33 in all grant agreements for airports open to public use that 34 receive state funding. 35 -1- LSB 6061HV (1) 91 sb/js 1/ 3

H.F. 2640 6. The department shall adopt rules as necessary to 1 implement this section. 2 Sec. 2. NEW SECTION . 708C.1 Weather engineering. 3 1. The emission, injection, release, or dispersion, by any 4 means, of a chemical, a chemical compound, a substance, or an 5 apparatus into the atmosphere within the borders of this state 6 for the express purpose of affecting the temperature, weather, 7 climate, or intensity of sunlight, or any other purpose not 8 presently regulated by state or federal law, is prohibited. 9 2. a. Any person, including any public or private 10 corporation, who violates this section commits a class “D” 11 felony. For a corporation in violation of this section, the 12 officers, directors, or employees of the corporation shall 13 also be subject to a civil penalty not to exceed one hundred 14 thousand dollars. 15 b. Each day a violation of subsection 1 occurs constitutes a 16 separate offense. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the intentional emission of air 21 contaminants into the atmosphere, including prohibitions and 22 reporting requirements. 23 The bill requires entities that operate an airport open 24 to public use to submit monthly reports to the department 25 of transportation (department) beginning October 1, 2026. 26 The reports must include information regarding the physical 27 presence of aircraft equipped with components that may be 28 used to intentionally emit, inject, release, or disperse air 29 contaminants into the atmosphere for the express purpose of 30 affecting temperature, weather, climate, or the intensity 31 of sunlight, as well as information regarding the landing, 32 takeoff, stopover, or refueling of such aircraft at the 33 airport. 34 The bill provides that, notwithstanding any other provision 35 -2- LSB 6061HV (1) 91 sb/js 2/ 3

H.F. 2640 of law to the contrary, a project or program located on or 1 in support of an airport open to public use that is not in 2 compliance with the reporting requirements is ineligible to 3 receive state funding until compliance is achieved. 4 The bill requires the department, upon receipt of the 5 required reports, to submit aggregated reports to the 6 department of natural resources and the applicable state law 7 enforcement agencies that support enforcement of weather 8 engineering prohibitions. 9 The bill also requires the department to incorporate 10 the reporting guidelines into grant agreements for airports 11 open to public use that receive state funding and authorizes 12 the department to adopt rules implementing the reporting 13 requirements. 14 The bill provides that the emission, injection, release, 15 or dispersion of a chemical, chemical compound, substance, or 16 apparatus into the atmosphere within the borders of the state 17 for the express purpose of affecting temperature, weather, 18 climate, or the intensity of sunlight, or any other purpose not 19 presently regulated by state or federal law, is prohibited. 20 The bill provides that any person who violates the prohibition 21 is guilty of a class “D” felony and, for a corporation that 22 violates the prohibition, an additional civil penalty up to 23 $100,000 is imposed on the corporation’s officers, directors, 24 or employees. A class “D” felony is punishable by confinement 25 for no more than five years and a fine of at least $1,025 but 26 not more than $10,245. Each day a violation occurs constitutes 27 a separate offense. 28 -3- LSB 6061HV (1) 91 sb/js 3/ 3