SF 2208 (LSB 5362SV (1) 91)

SENATE FILE 2208

BY  COMMITTEE ON TECHNOLOGY

(SUCCESSOR TO SSB 3010)

A BILL FOR

An Act relating to the prohibition of geoengineering activities, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708C.1  Definitions.
   As used in this chapter:
   1.  “Cloud seeding” means a type of weather modification that attempts to change the amount or type of condensation or precipitation by dispersing chemicals, including but not limited to silver iodide, potassium iodide, and dry ice, into the air by means of aircraft or ground generators.
   2.  “Department” means the department of public safety.
   3.  “Polluting atmospheric activity” means the deliberate discharge of any solid, liquid, gaseous, or thermal irritant, contaminant, or substance, including smoke, vapor, soot, fume, aerosol plume, acid, alkali, chemical, artificially produced electric field, magnetic field, electromagnetic field, electromagnetic pulse, sound wave, sound pollution, light pollution, microwave, and all artificially produced ionizing or nonionizing radiation or waste conducted in the atmosphere that may have harmful consequences upon health, the environment, or agriculture with the intent to manipulate or alter the weather.
   4.  “Weather engineering” means the deliberate manipulation or alteration of the environment for the purpose of changing the weather or climate by artificial means, typically involving the deliberate release of polluting emissions in the atmosphere via cloud seeding, for small-scale, large-scale, and global-scale alteration of the environment.
    Sec. 2.  NEW SECTION.  708C.2  Prohibited acts.
   A person shall not engage in polluting atmospheric activity, cloud seeding, or any other type of weather engineering, or use an unmarked or unidentified aircraft or other vehicle or facility to engage in polluting atmospheric activity, cloud seeding, or any other type of weather engineering, unless otherwise provided by law.
    Sec. 3.  NEW SECTION.  708C.3  Penalties and enforcement.
   1.  The department shall immediately issue a cease and desist order to a person suspected of violating section 708C.2. A cease and desist order issued under this section shall have the weight of a court order and any violation shall be punished in accordance with subsection 2.
   2.  A person who violates section 708C.2 commits a class “D” felony. A separate offense is committed by the person for each day during which the violation has been conducted, repeated, or continued.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to geoengineering by creating penalties and enforcement procedures for persons engaging in such practices. A person who engages in polluting atmospheric activity, cloud seeding, or weather engineering with the intent to manipulate or alter the weather commits a class “D” felony. 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. Each day the person violates this restriction is treated as a separate offense. Additionally, if these practices are suspected, the department of public safety (DPS) is authorized to issue the suspected person a cease and desist letter having the weight of a court order.
   The bill takes effect upon enactment.