AN ACT relating to geoengineering.

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AN ACT relating to geoengineering. 1
WHEREAS, "geoengineering" means the intentional manipulation of the 2
environment, through an atmospheric polluting in tervention, to effect changes to the 3
earth's atmosphere or surface, including but not limited to the practices of weather 4
modification, solar radiation modification, stratospheric aerosol injection, and cloud 5
seeding; and 6
WHEREAS, geoengineering activities endanger human health and safety and the 7
environment, threaten air, water, soil, and wildlife resources, disrupt agricultural 8
operations, and potentially interfere with aviation, state security, and the economy of the 9
Commonwealth; and 10
WHEREAS, pursuant t o the Tenth Amendment of the Constitution of the United 11
States and the inherent right for Kentucky citizens to engage in thoughtful deliberation 12
and determine public policy by voting, the citizens of the Commonwealth do not consent 13
to any unconstitutional actions or efforts made by the federal government or international 14
bodies that release atmospheric contaminants into the Commonwealth's atmosphere 15
through geoengineering, solar radiation modification, cloud seeding, weather 16
modification, or any other means; and 17
WHEREAS, as recognized by the World Meteorological Organization in guidelines 18
it adopted in 2017, weather modification activities should not be undertaken without 19
considering the high levels of uncertainty involved and the potential harm that could 20
result; and 21
WHEREAS, to preserve the safe and healthful uses of the Commonwealth's 22
atmosphere for its people, environment, wildlife, and agriculture, and to improve 23
beneficial climate efforts, it is necessary to prohibit geoengineering, including but not 24
limited to solar radiation modification, and to provide for enforcement and penalties for 25
violative activities; 26
NOW, THEREFORE, 27
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Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1
SECTION 1. A NEW SECTION OF KRS CHAPTER 512 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) As used in this section: 4
(a) "Atmospheric contaminant": 5
1. Means any type of aerosol, biological, nonbiological, or hazardous 6
agent, chaff, chemical, chemical compound, genetically mod ified 7
agent, metal, radioactive material, substance, vapor, electromagnetic 8
radiation or field, mechanical vibration, particulate of any size, or any 9
air pollutant regulated by the Commonwealth, and any combination 10
thereof; and 11
2. Does not include engine exhaust from an aircraft using unadulterated 12
certified aviation fuel; 13
(b) "Atmospheric polluting intervention" means any manipulation or 14
interference with earth's natural systems or processes by altering 15
atmospheric or environmental conditions by: 16
1. Stratospheric aerosol injection; 17
2. Cloud seeding; 18
3. Solar radiation modification; or 19
4. The intentional release of an atmospheric contaminant from an 20
airborne source that may have harmful consequences on human 21
health, the environment, or agriculture, excluding any release or 22
emission from a ground -level source including but not limited to an 23
industrial or commercial activity or facility, residence, vehicle, or 24
agricultural operation; 25
(c) "Chaff" means aluminum -coated silica glass fibers, typically dispersed in 26
bundles containing millions of inhalable fibers, which break apart and fall 27
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to the ground; 1
(d) "Cloud seeding" means a type of weather modification that attempts to 2
change the amount or type of precipitation from a cloud by dispersing any 3
one (1) or more atmospheric contaminants into the air; 4
(e) "Hazardous" means a substance, apparatus, activity, or physical agent that 5
by its nature is harmful to living organisms, property, or any other valuable 6
interest; 7
(f) "Person" means: 8
1. Any natural person, trust, firm, joint stock company, corporation, 9
quasi-governmental corporation, nongovernmental organization, 10
public or private partnership, association, syndicate, club, college, or 11
university; 12
2. Any agency, subdivision, or instrumentality of federal, state, or local 13
government; or 14
3. Any interstate or international governance body; 15
(g) "Physical agent" means a source of energy that may cause injury through 16
excessive exposure, including but not limited to radiofrequency, microwave, 17
and other electromagnetic radi ation and fields, barometric pressure, 18
temperature, gravity, mechanical vibration, and sound; 19
(h) "Release" means any activity that results in the issuance of atmospheric 20
contaminants such as the emitting, transmitting, discharging, or injecting of 21
one (1) or more nuclear, biological, chemical, or physical agents into the 22
ambient atmosphere, whether once, intermittently, or continuously; 23
(i) "Solar radiation modification" means an experiment in the earth's climatic 24
system involving the release of atmospheri c contaminants that reduce the 25
amount of sunlight reaching the earth's surface through the use of 26
interoperable ground-based, airborne, space-based, or other facilities; 27
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(j) "Stratospheric aerosol injection" means the release of reflective sulfate or 1
other aerosol substances in the stratosphere by high -altitude planes, 2
balloons, high-altitude blimps, artillery, or any other means; and 3
(k) "Weather modification" means the changing, controlling, or interfering 4
with or attempting to change, control, or interfe re with the natural 5
development of cloud forms, precipitation, barometric pressure, 6
temperature, conductivity or other electromagnetic or sonic characteristics 7
of the atmosphere. 8
(2) A person is guilty of criminal atmospheric pollution when he or she inten tionally 9
or wantonly engages in any atmospheric polluting intervention. 10
(3) Criminal atmospheric pollution shall be a Class D felony. Notwithstanding KRS 11
534.030 and 534.050, and in addition to any other penalties that may apply, a 12
person guilty of crimina l atmospheric pollution shall pay a civil penalty of not 13
less than five hundred thousand dollars ($500,000). Each day that a person 14
engages in criminal atmospheric pollution shall be considered a separate offense. 15
(4) All peace officers of the Commonwealth shall enforce the requirements of this 16
section, and any person may make a complaint to any peace officer or local law 17
enforcement official relating to any suspected violation of this section. 18
(5) If any criminal atmospheric pollution has been approved, ex plicitly or implicitly, 19
by a federal government agency or official, the arresting officer shall issue a 20
notice to the appropriate federal agency or official that the criminal atmospheric 21
pollution intervention cannot lawfully be carried out within or over the 22
Commonwealth. 23