Geoengineering and weather modification; prohibit certain acts related to.

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To: Public Health and Human
Services; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Arnold

HOUSE BILL NO. 1086

AN ACT TO PROHIBIT THE INTENTIONAL INJECTION, RELEASE, OR 1
DISPERSION OF CHEMICALS WITHIN THE BORDERS OF THE STATE OF 2
MISSISSIPPI INTO THE ATMOSPHERE WITH THE EXPRESS PURPOSE OF 3
AFFECTING TEMPERATURE, WEATHER, OR THE INTENSITY OF THE SUNLIGHT; 4
TO PROVIDE DEFINITIONS RELATING TO THIS ACT; TO PROVIDE PENALTIES 5
RELATING TO A VIOLATION OF THIS ACT; TO BRING FORWARD SECTIONS 6
49-17-5, 49-17-19, 49-17-25 AND 49-17-36, MISSISSIPPI CODE OF 7
1972, WHICH RELATE TO POLLUTION OF WATERS, STREAMS, AND AIR WITHIN 8
THE STATE, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 9
49-17-29, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR, 10
NONSUBSTANTIVE CHANGE; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. As used in this act, the following words and 13
phrases shall have the meanings as defined in this section unless 14
the context clearly indicates otherwise: 15
(a) "Aircraft" means a powered or unpowered machine or 16
device capable of atmospheric flight, except a parachute or 17
other such device used primarily as safety equipment. 18
(b) "Department" means the Mississippi Department of 19
Transportation. 20
(c) "Public infrastructure" means any publicly owned 21
airport which is used or to be used for public purposes. 22
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SECTION 2. The intentional injection, release, or 23
dispersion, by any means, of chemicals, chemical compounds, 24
substances, or apparatus within the borders of the State of 25
Mississippi, into the atmosphere with the express purpose of 26
affecting temperature, weather, or the intensity of the sunlight 27
is prohibited. 28
SECTION 3. (1) Any person, including any public or private 29
corporation or its officers, directors, or employees, who conducts 30
a geoengineering or weather modification activity in violation of 31
this subsection (3) is guilty of a felony, and upon conviction, 32
shall be fined not more than One Hundred Thousand Dollars 33
($100,000.00), or shall be committed to the Department of 34
Corrections for no more than five (5) years, or both. 35
(2) If an aircraft operator or controller violates this 36
section, he or she is guilty of a felony, and upon conviction, 37
shall be fined not more than Five Thousand Dollars ($5,000.00), or 38
shall be committed to the Department of Corrections for no more 39
than five (5) years, or both. 40
(3) (a) Any person who observes a geoengineering or weather 41
modification activity conducted in violation of this subsection 42
(3) may report the observed violation to the department online or 43
by telephone, mail, or e-mail. 44
(b) The department shall establish an e-mail address 45
and an online form for persons to report observed violations 46
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pursuant to this subsection (3). The department shall make the 47
e-mail address and online form publicly accessible on its website. 48
(c) The department shall establish a method for intake 49
and screening of the reports made pursuant to this subsection. 50
The department shall investigate any report that warrants further 51
review to determine whether there are violations of this 52
section. 53
(d) The department shall refer reports of observed 54
violations made pursuant to this subsection to the Department of 55
Health or the Mississippi Emergency Management Agency, if 56
appropriate. 57
(e) The department shall promulgate all rules and 58
regulations that are necessary for the implementation of this act. 59
SECTION 4. (1) Beginning on October 1, 2026, all operators 60
of public infrastructure shall report monthly to the department, 61
using a method determined by the department: 62
(a) The physical presence of any aircraft on public 63
property, including any public infrastructure, equipped with any 64
part, component, device, or the like which may be used to support 65
the intentional emission, injection, release, or dispersion of air 66
contaminants into the atmosphere within the borders of this state 67
when such emissions occur for the express purpose of affecting 68
temperature, weather, climate, or the intensity of sunlight. 69
(b) The landing, takeoff, stopover, or refueling of an 70
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aircraft equipped with the components outlined in paragraph (a) of 71
this subsection (1) on the physical location of the public 72
infrastructure. 73
(2) The department may not expend any state funds to support 74
a project or program located on or in support of public 75
infrastructure which is not in compliance with this subsection (4) 76
until such time as the entity becomes compliant with this 77
subsection (4). 78
(3) Upon receipt of the reports required in subsection (1) 79
of this section, the department shall submit aggregated reports to 80
the Department of Environmental Protection and the applicable 81
state law enforcement agency. 82
(4) The department shall incorporate reporting guidelines 83
in all grant agreements for public use airports which receive 84
state funds. 85
SECTION 5. Section 49-17-5, Mississippi Code of 1972, is 86
brought forward as follows: 87
49-17-5. For the purposes of Sections 49-17-1 through 88
49-17-43, the following words and phrases shall have the meanings 89
ascribed to them in this section: 90
(1) Water. 91
(a) "Pollution" means such contamination, or other 92
alteration of the physical, chemical or biological properties, of 93
any waters of the state, including change in temperature, taste, 94
color, turbidity, or odor of the waters, or such discharge of any 95
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liquid, gaseous, solid, radioactive, or other substance or leak 96
into any waters of the state unless in compliance with a valid 97
permit issued therefor by the Permit Board. 98
(b) "Wastes" means sewage, industrial wastes, oil field 99
wastes, and all other liquid, gaseous, solid, radioactive, or 100
other substances which may pollute or tend to pollute any waters 101
of the state. 102
(c) "Sewerage system" means pipelines or conduits, 103
pumping stations, and force mains, and other structures, devices, 104
appurtenances and facilities used for collecting or conducting 105
wastes to an ultimate point for treatment or disposal. 106
(d) "Treatment works" means any plant or other works, 107
used for the purpose of treating, stabilizing or holding wastes. 108
(e) "Disposal system" means a system for disposing of 109
wastes, either by surface or underground methods, and includes 110
sewerage systems, treatment works, disposal wells and other 111
systems. 112
(f) "Waters of the state" means all waters within the 113
jurisdiction of this state, including all streams, lakes, ponds, 114
impounding reservoirs, marshes, watercourses, waterways, wells, 115
springs, irrigation systems, drainage systems, and all other 116
bodies or accumulations of water, surface and underground, natural 117
or artificial, situated wholly or partly within or bordering upon 118
the state, and such coastal waters as are within the jurisdiction 119
of the state, except lakes, ponds or other surface waters which 120
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are wholly landlocked and privately owned, and which are not 121
regulated under the Federal Clean Water Act (33 USCS 1251 et 122
seq.). 123
(g) "Underground water" means an underground source of 124
drinking water as defined within the regulations of the Federal 125
Safe Drinking Water Act. 126
(2) Air. 127
(a) "Air contaminant" means particulate matter, dust, 128
fumes, gas, mist, smoke or vapor, or any combination thereof, 129
produced by processes other than natural. 130
(b) "Air pollution" means the presence in the outdoor 131
atmosphere of one or more air contaminants in quantities, of 132
characteristic, and of a duration which are materially injurious 133
or can be reasonably expected to become materially injurious to 134
human, plant or animal life or to property, or which unreasonably 135
interfere with enjoyment of life or use of property throughout the 136
state or throughout such area of the state as shall be affected 137
thereby. 138
(c) "Air contamination" means the presence in the 139
outdoor atmosphere of one or more air contaminants which 140
contribute to a condition of air pollution. 141
(d) "Air contamination source" means any source at, 142
from, or by reason of which there is emitted into the atmosphere 143
any air contaminant, regardless of who the person may be who owns 144
or operates the building, premises or other property in, at, or on 145
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which such source is located, or the facility, equipment or other 146
property by which the emission is caused or from which the 147
emission comes. 148
(e) "Air-cleaning device" means any method, process or 149
equipment, the primary function of which is to remove, reduce or 150
render less noxious air contaminants discharged into the 151
atmosphere. 152
(f) "Area of the state" means any city or county or 153
portion thereof, or other substantial geographical area of the 154
state as may be designated by the Mississippi Commission on 155
Environmental Quality. 156
(g) "Federal Clean Air Act" means the Federal Clean Air 157
Act, 42 USCS 7401 et seq., as amended. 158
(3) General. 159
(a) "Commission" means the Mississippi Commission on 160
Environmental Quality acting through the Office of Pollution 161
Control of the Department of Environmental Quality. 162
(b) "Person" means the state or other agency or 163
institution thereof, any municipality, political subdivision, 164
public or private corporation, individual, partnership, 165
association or other entity, and includes any officer or governing 166
or managing body of any municipality, political subdivision, or 167
public or private corporation, or the United States or any officer 168
or employee thereof. 169
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(c) "Pollution Emergency Fund" means the fund 170
established under Section 49-17-68. 171
(d) "General permit" means a permit for categories of 172
sources that involve similar wastes and have similar monitoring 173
requirements and restrictions. 174
SECTION 6. Section 49-17-19, Mississippi Code of 1972, is 175
brought forward as follows: 176
49-17-19. In order to carry out the purposes of Sections 177
49-17-1 through 49-17-43, the commission may set ambient standards 178
of air and water quality for the state or portions thereof. Such 179
ambient standards of quality shall be such as to protect the 180
public health and welfare and the present and prospective future 181
use of such air and of such waters for public water supplies, 182
propagation of fish and aquatic life and wildlife, recreational 183
purposes, and agricultural, industrial and other legitimate uses. 184
Such ambient standards may be amended from time to time as 185
determined to be necessary by the commission. In order to carry 186
out the purposes of Sections 49-17-1 through 49-17-43, the 187
commission may also set emission standards for the purpose of 188
controlling air contamination, air pollution and the sources 189
thereof. In establishing ambient air quality standards for odor, 190
the commission shall adopt recognized objective standards if they 191
exist. In the absence of a recognized objective ambient air 192
quality standard for odor, the commission may adopt such 193
subjective standards as may be appropriate. 194
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In establishing such standards relating to pesticides and 195
commercial fertilizers for underground water, the commission shall 196
adopt federal standards if they exist. If no federal standard 197
exists, the commission shall petition the United States 198
Environmental Protection Agency to establish a federal standard 199
for the substance of interest. If the commission determines that 200
a federal standard cannot be obtained within thirty (30) days, it 201
shall consult with the United States Environmental Protection 202
Agency's Office of Drinking Water and Office of Pesticide Programs 203
regarding the agency's conclusion relative to available 204
toxicological information on the substance of interest and on the 205
methodology used for establishing a federal standard. The 206
commission shall utilize this information and methodology to 207
establish a standard. The commission may also consult with and 208
request similar information from other sources. 209
SECTION 7. Section 49-17-25, Mississippi Code of 1972, is 210
brought forward as follows: 211
49-17-25. (1) Prior to the adoption, amendment or repeal of 212
rules and regulations necessary to implement this chapter, 213
Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 214
21-27-221, Sections 37-138-1 through 37-138-31, and all other laws 215
administered by the department, the commission shall conduct a 216
public hearing or hearings thereon after public notice. Such 217
notice shall be given by publication once a week for three (3) 218
successive weeks in a newspaper having a general circulation 219
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throughout the state. The notice shall contain a description of 220
the proposed regulation and the time, date and place of the 221
hearing. 222
(2) Additionally, the adoption, amendment or repeal of any 223
rule or regulation under this chapter, Sections 17-17-1 through 224
17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 225
through 37-138-31 and all other laws administered by the 226
department shall be governed by the "Mississippi Administrative 227
Procedures Law." Any rule or regulation heretofore or hereafter 228
adopted, amended or repealed in substantial compliance with the 229
procedural requirements under Section 25-43-7 shall be valid. A 230
proceeding to contest any rule or regulation on the ground of 231
noncompliance with the procedural requirements of this section 232
must be commenced within one (1) year from the effective date of 233
the rule or regulation. 234
(3) Notice of rules and regulations adopted by the 235
commission shall be published once in a newspaper having general 236
circulation throughout the state. 237
SECTION 8. Section 49-17-36, Mississippi Code of 1972, is 238
brought forward as follows: 239
49-17-36. (1) It is unlawful for any person to knowingly: 240
(a) fail to pay any fee assessed by the commission for 241
administration of the federal air operating permit program; (b) 242
fail to satisfy any air operating permit filing requirement; (c) 243
make any false statement, representation of certification in any 244
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notice or report required by an air operating permit; or (d) 245
render inaccurate any air monitoring device or method required by 246
an air operating permit; and, upon conviction thereof, such person 247
shall be punished by a fine of not less than Two Thousand Five 248
Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand 249
Dollars ($25,000.00) per day of violation. 250
(2) In determining the amount of penalty under this section, 251
the following shall be considered at a minimum: 252
(a) The willfulness of the violation; 253
(b) Any damage to air, water, land or other natural 254
resources of the state or their uses; 255
(c) Costs of restoration or abatement; 256
(d) Economic benefit as a result of noncompliance; 257
(e) The seriousness of the violation, including any 258
harm to the environment and any hazard to the health, safety and 259
welfare of the public; and 260
(f) Past performance history. 261
(3) All fines collected by the commission under this section 262
shall be deposited into the Pollution Emergency Fund established 263
under Section 49-17-68, Mississippi Code of 1972. 264
SECTION 9. Section 49-17-29, Mississippi Code of 1972, is 265
amended as follows: 266
49-17-29. (1) (a) Except as in compliance with paragraph 267
(b) of this subsection, it is unlawful for any person to cause 268
pollution of the air in the state or to place or cause to be 269
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placed any wastes or other products or substances in a location 270
where they are likely to cause pollution of the air. It is also 271
unlawful to discharge any wastes, products or substances into the 272
air of the state which exceed standards of performance, hazardous 273
air pollutant standards, other emission standards set by the 274
commission, or which reduce the quality of the air below the air 275
quality standards or increments established by the commission or 276
prevent attainment or maintenance of those air quality standards. 277
Any such action is hereby declared to be a public nuisance. 278
(b) It is unlawful for any person to build, erect, 279
alter, replace, use or operate any equipment which will cause the 280
issuance of air contaminants unless that person holds a permit 281
from the Permit Board (except repairs or maintenance of equipment 282
for which a permit has been previously issued), or unless that 283
person is exempted from holding a permit by a regulation 284
promulgated by the commission. Concentrated animal feeding 285
operations may be a source or a category of sources exempted under 286
this paragraph. However, no new or existing applications relating 287
to swine concentrated animal feeding operations within a county 288
shall be exempted from regulations and ordinances which have been 289
duly passed by the county's board of supervisors and which are in 290
force on June 1, 1998. 291
(2) (a) Except as in compliance with paragraph (b) of this 292
subsection, it is unlawful for any person to cause pollution of 293
any waters of the state or to place or cause to be placed any 294
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wastes in a location where they are likely to cause pollution of 295
any waters of the state. It is also unlawful to discharge any 296
wastes into any waters of the state which reduce the quality of 297
those waters below the water quality standards established by the 298
commission; or to violate any applicable pretreatment standards or 299
limitations, technology-based effluent limitations, toxic 300
standards or any other limitations established by the commission. 301
Any such action is declared to be a public nuisance. 302
(b) It is unlawful for any person to carry on any of 303
the following activities, unless that person holds a current 304
permit for that activity from the Permit Board as may be required 305
for the disposal of all wastes which are or may be discharged into 306
the waters of the state, or unless that person is exempted from 307
holding a permit by a regulation promulgated by the commission: 308
(i) the construction, installation, modification or operation of 309
any disposal system or part thereof or any extension or addition 310
thereto, including, but not limited to, systems serving 311
agricultural operations; (ii) the increase in volume or strength 312
of any wastes in excess of the permissive discharges specified 313
under any existing permit; (iii) the construction, installation or 314
operation of any industrial, commercial or other establishment, 315
including irrigation projects or any extension or modification 316
thereof or addition thereto, the operation of which would cause an 317
increase in the discharge of wastes into the waters of the state 318
or would otherwise alter the physical, chemical or biological 319
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properties of any waters of the state in any manner not already 320
lawfully authorized; (iv) the construction or use of any new 321
outlet for the discharge of any wastes into the waters of the 322
state. However, no new or existing applications relating to swine 323
concentrated animal feeding operations within a county shall be 324
exempted from regulations and ordinances which have been duly 325
passed by the county's board of supervisors and which are in force 326
on June 1, 1998. 327
(3) (a) Except as otherwise provided in this section, the 328
Permit Board created by Section 49-17-28 shall be the exclusive 329
administrative body to make decisions on permit issuance, 330
reissuance, denial, modification or revocation of air pollution 331
control and water pollution control permits and permits required 332
under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 333
17), and all other permits within the jurisdiction of the Permit 334
Board. After consideration of alternative waste treatment 335
technologies available to control air and water pollution and 336
odor, including appropriate siting criteria, the commission may 337
promulgate regulations establishing conditions, limitations and 338
exemptions under which the Permit Board shall make these 339
decisions. Regulations promulgated by the commission which 340
establish exemptions as authorized under this section shall apply 341
to any applicable facility in operation on the effective date of 342
that regulation and to any applicable facility constructed or 343
operated after the effective date of that regulation. The Permit 344
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Board may issue multiple permits for the same facility or 345
operation simultaneously or in the sequence that it deems 346
appropriate consistent with the commission's regulations. Except 347
as otherwise provided in this paragraph, the Permit Board, under 348
any conditions that the board may prescribe, may authorize the 349
Executive Director of the Department of Environmental Quality to 350
make decisions on permit issuance, reissuance, denial, 351
modification or revocation. The executive director shall not be 352
authorized to make decisions on permit issuance, reissuance, 353
denial, modification or revocation for a commercial hazardous 354
waste management facility or a solid waste management permit for a 355
municipal solid waste landfill or incinerator. A decision by the 356
executive director shall be a decision of the Permit Board and 357
shall be subject to formal hearing and appeal as provided in this 358
section. The executive director shall report all permit decisions 359
to the Permit Board at its next regularly scheduled meeting and 360
those decisions shall be recorded in the minutes of the Permit 361
Board. The decisions of the Permit Board shall be recorded in 362
minutes of the Permit Board and shall be kept separate and apart 363
from the minutes of the commission. The decision of the Permit 364
Board or the executive director to issue, reissue, deny, modify or 365
revoke permits shall not be construed to be an order or other 366
action of the commission. 367
(b) The Executive Director of the Department of 368
Environmental Quality shall also be the Executive Director of the 369
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Permit Board and shall have available to him, as Executive 370
Director of the Permit Board, all resources and personnel 371
otherwise available to him as executive director of the 372
department. 373
(c) All persons required to obtain an air pollution 374
control or water pollution control permit, a permit under the 375
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 376
other permit within the jurisdiction of the Permit Board shall 377
make application for that permit with the Permit Board. The 378
Permit Board, under any regulations as the commission may 379
prescribe, may require the submission of those plans, 380
specifications and other information as it deems necessary to 381
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 382
17, or to carry out the commission's regulations adopted under 383
those sections. The Permit Board, based upon any information as 384
it deems relevant, shall issue, reissue, deny, modify or revoke 385
air pollution control or water pollution control permit or permits 386
required under the Solid Wastes Disposal Law of 1974 (Title 17, 387
Chapter 17) or any other permit within the jurisdiction of the 388
Permit Board under any conditions as it deems necessary that are 389
consistent with the commission's regulations. The Permit Board's 390
action of issuance, reissuance, denial, modification or revocation 391
of a permit as recorded in its minutes shall constitute a complete 392
decision of the board. All permits issued by the Permit Board 393
shall remain in full force and effect until the board makes a 394
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final determination regarding any reissuance, modification, or 395
revocation thereof. The Permit Board shall take action upon an 396
application within one hundred eighty (180) days following its 397
receipt in the board's principal office. No action which affects 398
revocation of an existing permit shall take effect until the 399
thirty (30) days mentioned in * * * subsection (4)(b) of this 400
section has expired or until a formal hearing as prescribed in 401
that paragraph is held, whichever is later. 402
(d) The Permit Board may adopt rules of practice and 403
procedure governing its proceedings that are consistent with the 404
commission's regulations. All hearings in connection with permits 405
issued, reissued, denied, modified or revoked and all appeals from 406
decisions of the Permit Board shall be as provided in this 407
section. 408
(e) Upon any conditions that are consistent with the 409
commission's regulations and subject to those procedures for 410
public notice and hearings as provided by law, not inconsistent 411
with federal law and regulations, the Permit Board may issue 412
general permits and, where appropriate, may consolidate multiple 413
permits for the same facility or operation into a single permit. 414
(f) The Permit Board shall not issue any permit for a 415
new swine concentrated animal feeding operation or the expansion 416
of an existing swine concentrated animal feeding operation before 417
January 1, 2000, unless the department received the application 418
for that operation's new or modified permit before February 28, 419
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1998, or except as provided in this paragraph (f). In issuing or 420
modifying any permit for which the department received an 421
application before February 28, 1998, the Permit Board shall apply 422
those siting criteria adopted or used by the commission before 423
February 28, 1998, unless federal law or regulations require more 424
stringent criteria. The moratorium established in this paragraph 425
shall not apply to the issuance of any permit for a new swine 426
concentrated animal feeding operation or the expansion of an 427
existing swine concentrated animal feeding operation that uses an 428
animal waste management system which the applicant demonstrates to 429
the Permit Board is innovative in significantly reducing the 430
effects of the operation on the public health, welfare or the 431
environment and which is approved by the Permit Board. The Permit 432
Board shall not issue or modify more than five (5) permits under 433
this innovative animal waste management system technology 434
exemption to the moratorium. 435
(g) Each applicant for a permit for a new outlet for 436
the discharge of wastes into the waters of the state who is 437
required to obtain a certificate of public convenience and 438
necessity from the Public Service Commission for such wastewater 439
system shall submit financial and managerial information as 440
required by the Public Utilities Staff. Following review of that 441
information, the Executive Director of the Public Utilities Staff 442
shall certify in writing to the executive director of the 443
department, the financial and managerial viability of the system 444
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if the Executive Director of the Public Utilities Staff determines 445
the system is viable. The Permit Board shall not issue the permit 446
until the certification is received. 447
(4) (a) Except as required by this section, before the 448
issuance, reissuance, denial, modification or revocation of any 449
air pollution control or water pollution control permit, permit 450
required under the Solid Wastes Disposal Law of 1974 (Title 17, 451
Chapter 17) or any other permit within its jurisdiction, the 452
Permit Board, in its discretion, may hold a public hearing or 453
meeting to obtain comments from the public on its proposed action. 454
Before the issuance, reissuance, denial, modification pertaining 455
to the expansion of a facility, transfer or revocation of a permit 456
for a commercial hazardous waste management facility or a solid 457
waste management permit for a commercial municipal solid waste 458
landfill or incinerator, the Permit Board shall conduct a public 459
hearing or meeting to obtain comments from the public on the 460
proposed action. That hearing or meeting shall be informal in 461
nature and conducted under those procedures as the Permit Board 462
may deem appropriate consistent with the commission's regulations. 463
(b) Within thirty (30) days after the date the Permit 464
Board takes action upon permit issuance, reissuance, denial, 465
modification or revocation, as recorded in the minutes of the 466
Permit Board, any interested party aggrieved by that action may 467
file a written request for a formal hearing before the Permit 468
Board. An interested party is any person claiming an interest 469
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relating to the property or project which is the subject of the 470
permit action, and who is so situated that the person may be 471
affected by the disposition of that action. 472
The Permit Board shall fix the time and place of the formal 473
hearing and shall notify the permittee of that time and place. 474
In conducting the formal hearing, the Permit Board shall have 475
the same full powers as to subpoenaing witnesses, administering 476
oaths, examining witnesses under oath and conducting the hearing, 477
as is now vested by law in the Mississippi Public Service 478
Commission, as to the hearings before it, with the additional 479
power that the Executive Director of the Permit Board may issue 480
all subpoenas at the instance of the Permit Board or at the 481
instance of any interested party. Any subpoenas shall be served 482
by any lawful officer in any county to whom the subpoena is 483
directed and return made thereon as provided by law, with the cost 484
of service being paid by the party on whose behalf the subpoena 485
was issued. Witnesses summoned to appear at the hearing shall be 486
entitled to the same per diem and mileage as witnesses attending 487
the circuit court and shall be paid by the person on whose behalf 488
the witness was called. Sufficient sureties for the cost of 489
service of the subpoena and witness fees shall be filed with the 490
Executive Director of the Permit Board at the time that issuance 491
of the subpoena is requested. At a hearing, any interested party 492
may present witnesses and submit evidence and cross-examine 493
witnesses. 494
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The Permit Board may designate a hearing officer to conduct 495
the formal hearing on all or any part of the issues on behalf of 496
the Permit Board. The hearing officer shall prepare the record of 497
the formal hearing conducted by that officer for the Permit Board 498
and shall submit the record to the Permit Board. 499
Upon conclusion of the formal hearing, the Permit Board shall 500
enter in its minutes the board's decision affirming, modifying or 501
reversing its prior decision to issue, reissue, deny, modify or 502
revoke a permit. The Permit Board shall prepare and record in its 503
minutes findings of fact and conclusions of law supporting its 504
decision. That decision, as recorded in its minutes with its 505
findings of fact and conclusions of law, shall be final unless an 506
appeal, as provided in this section, is taken to chancery court 507
within twenty (20) days following the date the decision is entered 508
in the board's minutes. 509
(c) Within twenty (20) days after the date the Permit 510
Board takes action upon permit issuance, reissuance, denial, 511
modification or revocation after a formal hearing under this 512
subsection as recorded in the minutes of the Permit Board, any 513
person aggrieved of that action may appeal the action as provided 514
in subsection (5) of this section. 515
(5) (a) Appeals from any decision or action of the Permit 516
Board shall be only to chancery court as provided in this 517
subsection. 518
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(b) Any person who is aggrieved by any decision of the 519
Permit Board issuing, reissuing, denying, revoking or modifying a 520
permit after a formal hearing may appeal that decision within the 521
period specified in subsection (4)(c) of this section to the 522
chancery court of the county of the situs in whole or in part of 523
the subject matter. The appellant shall give a cost bond with 524
sufficient sureties, payable to the state in the sum of not less 525
than One Hundred Dollars ($100.00) nor more than Five Hundred 526
Dollars ($500.00), to be fixed by the Permit Board and to be filed 527
with and approved by the Executive Director of the Permit Board, 528
who shall forthwith certify the filing of the bond together with a 529
certified copy of the record of the Permit Board in the matter to 530
the chancery court to which the appeal is taken, which shall 531
thereupon become the record of the cause. An appeal to the 532
chancery court as provided in this section shall not stay the 533
decision of the Permit Board. The aggrieved party may, within 534
twenty (20) days following the date the board's decision after a 535
formal hearing is entered on the board's minutes, petition the 536
chancery court for an appeal with supersedeas and the chancellor 537
shall grant a hearing on that petition. Upon good cause shown, 538
the chancellor may grant that appeal with supersedeas. If 539
granted, the appellant shall be required to post a bond with 540
sufficient sureties according to law in an amount to be determined 541
by the chancellor. Appeals shall be considered only upon the 542
record as made before the Permit Board. The chancery court shall 543
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ST: Geoengineering and weather modification;
prohibit certain acts related to.
always be deemed open for hearing of an appeal and the chancellor 544
may hear the same in termtime or in vacation at any place in the 545
chancellor's district, and the appeal shall have precedence over 546
all civil cases, except election contests. The chancery court 547
shall review all questions of law and of fact. If no prejudicial 548
error is found, the matter shall be affirmed. If prejudicial 549
error is found the decision of the board shall be reversed and the 550
chancery court shall remand the matter to the Permit Board for 551
appropriate action as may be indicated or necessary under the 552
circumstances. Appeals may be taken from the chancery court to 553
the Supreme Court in the manner as now required by law, except 554
that if a supersedeas is desired by the party appealing to the 555
chancery court, that party may apply for a supersedeas to the 556
chancellor of that court, who shall award a writ of supersedeas, 557
without additional bond, if in the chancellor's judgment material 558
damage is not likely to result thereby; but otherwise, the 559
chancellor shall require a supersedeas bond as the chancellor 560
deems proper, which shall be liable to the state for any damage. 561
SECTION 10. This act shall take effect and be in force from 562
and after July 1, 2026. 563