Read the full stored bill text
House
File
2173
-
Introduced
HOUSE
FILE
2173
BY
SHIPLEY
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
6061HH
(3)
91
sb/js
H.F.
2173
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
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2173
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
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LSB
6061HH
(3)
91
sb/js
2/
3
H.F.
2173
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
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6061HH
(3)
91
sb/js
3/
3