Air quality; prohibit injection of chemicals into atmosphere with purpose of affecting the weather.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1412

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 BRING FORWARD SECTIONS 49-17-5, 49-17-19, 49-17-25 AND 5
49-17-36, MISSISSIPPI CODE OF 1972, WHICH RELATE TO POLLUTION OF 6
WATERS, STREAMS, AND AIR WITHIN THE STATE, FOR PURPOSES OF 7
POSSIBLE AMENDMENT; TO AMEND SECTION 49-17-29, MISSISSIPPI CODE OF 8
1972, TO MAKE A MINOR, NONSUBSTANTIVE CHANGE; AND FOR RELATED 9
PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. The intentional injection, release, or 12
dispersion, by any means, of chemicals, chemical compounds, 13
substances, or apparatus within the borders of the State of 14
Mississippi, into the atmosphere with the express purpose of 15
affecting temperature, weather, or the intensity of the sunlight 16
is prohibited. 17
SECTION 2. Section 49-17-5, Mississippi Code of 1972, is 18
brought forward as follows: 19
49-17-5. For the purposes of Sections 49-17-1 through 20
49-17-43, the following words and phrases shall have the meanings 21
ascribed to them in this section: 22
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(1) Water. 23
(a) "Pollution" means such contamination, or other 24
alteration of the physical, chemical or biological properties, of 25
any waters of the state, including change in temperature, taste, 26
color, turbidity, or odor of the waters, or such discharge of any 27
liquid, gaseous, solid, radioactive, or other substance or leak 28
into any waters of the state unless in compliance with a valid 29
permit issued therefor by the Permit Board. 30
(b) "Wastes" means sewage, industrial wastes, oil field 31
wastes, and all other liquid, gaseous, solid, radioactive, or 32
other substances which may pollute or tend to pollute any waters 33
of the state. 34
(c) "Sewerage system" means pipelines or conduits, 35
pumping stations, and force mains, and other structures, devices, 36
appurtenances and facilities used for collecting or conducting 37
wastes to an ultimate point for treatment or disposal. 38
(d) "Treatment works" means any plant or other works, 39
used for the purpose of treating, stabilizing or holding wastes. 40
(e) "Disposal system" means a system for disposing of 41
wastes, either by surface or underground methods, and includes 42
sewerage systems, treatment works, disposal wells and other 43
systems. 44
(f) "Waters of the state" means all waters within the 45
jurisdiction of this state, including all streams, lakes, ponds, 46
impounding reservoirs, marshes, watercourses, waterways, wells, 47
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springs, irrigation systems, drainage systems, and all other 48
bodies or accumulations of water, surface and underground, natural 49
or artificial, situated wholly or partly within or bordering upon 50
the state, and such coastal waters as are within the jurisdiction 51
of the state, except lakes, ponds or other surface waters which 52
are wholly landlocked and privately owned, and which are not 53
regulated under the Federal Clean Water Act (33 USCS 1251 et 54
seq.). 55
(g) "Underground water" means an underground source of 56
drinking water as defined within the regulations of the Federal 57
Safe Drinking Water Act. 58
(2) Air. 59
(a) "Air contaminant" means particulate matter, dust, 60
fumes, gas, mist, smoke or vapor, or any combination thereof, 61
produced by processes other than natural. 62
(b) "Air pollution" means the presence in the outdoor 63
atmosphere of one or more air contaminants in quantities, of 64
characteristic, and of a duration which are materially injurious 65
or can be reasonably expected to become materially injurious to 66
human, plant or animal life or to property, or which unreasonably 67
interfere with enjoyment of life or use of property throughout the 68
state or throughout such area of the state as shall be affected 69
thereby. 70
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(c) "Air contamination" means the presence in the 71
outdoor atmosphere of one or more air contaminants which 72
contribute to a condition of air pollution. 73
(d) "Air contamination source" means any source at, 74
from, or by reason of which there is emitted into the atmosphere 75
any air contaminant, regardless of who the person may be who owns 76
or operates the building, premises or other property in, at, or on 77
which such source is located, or the facility, equipment or other 78
property by which the emission is caused or from which the 79
emission comes. 80
(e) "Air-cleaning device" means any method, process or 81
equipment, the primary function of which is to remove, reduce or 82
render less noxious air contaminants discharged into the 83
atmosphere. 84
(f) "Area of the state" means any city or county or 85
portion thereof, or other substantial geographical area of the 86
state as may be designated by the Mississippi Commission on 87
Environmental Quality. 88
(g) "Federal Clean Air Act" means the Federal Clean Air 89
Act, 42 USCS 7401 et seq., as amended. 90
(3) General. 91
(a) "Commission" means the Mississippi Commission on 92
Environmental Quality acting through the Office of Pollution 93
Control of the Department of Environmental Quality. 94
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(b) "Person" means the state or other agency or 95
institution thereof, any municipality, political subdivision, 96
public or private corporation, individual, partnership, 97
association or other entity, and includes any officer or governing 98
or managing body of any municipality, political subdivision, or 99
public or private corporation, or the United States or any officer 100
or employee thereof. 101
(c) "Pollution Emergency Fund" means the fund 102
established under Section 49-17-68. 103
(d) "General permit" means a permit for categories of 104
sources that involve similar wastes and have similar monitoring 105
requirements and restrictions. 106
SECTION 3. Section 49-17-19, Mississippi Code of 1972, is 107
brought forward as follows: 108
49-17-19. In order to carry out the purposes of Sections 109
49-17-1 through 49-17-43, the commission may set ambient standards 110
of air and water quality for the state or portions thereof. Such 111
ambient standards of quality shall be such as to protect the 112
public health and welfare and the present and prospective future 113
use of such air and of such waters for public water supplies, 114
propagation of fish and aquatic life and wildlife, recreational 115
purposes, and agricultural, industrial and other legitimate uses. 116
Such ambient standards may be amended from time to time as 117
determined to be necessary by the commission. In order to carry 118
out the purposes of Sections 49-17-1 through 49-17-43, the 119
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commission may also set emission standards for the purpose of 120
controlling air contamination, air pollution and the sources 121
thereof. In establishing ambient air quality standards for odor, 122
the commission shall adopt recognized objective standards if they 123
exist. In the absence of a recognized objective ambient air 124
quality standard for odor, the commission may adopt such 125
subjective standards as may be appropriate. 126
In establishing such standards relating to pesticides and 127
commercial fertilizers for underground water, the commission shall 128
adopt federal standards if they exist. If no federal standard 129
exists, the commission shall petition the United States 130
Environmental Protection Agency to establish a federal standard 131
for the substance of interest. If the commission determines that 132
a federal standard cannot be obtained within thirty (30) days, it 133
shall consult with the United States Environmental Protection 134
Agency's Office of Drinking Water and Office of Pesticide Programs 135
regarding the agency's conclusion relative to available 136
toxicological information on the substance of interest and on the 137
methodology used for establishing a federal standard. The 138
commission shall utilize this information and methodology to 139
establish a standard. The commission may also consult with and 140
request similar information from other sources. 141
SECTION 4. Section 49-17-25, Mississippi Code of 1972, is 142
brought forward as follows: 143
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49-17-25. (1) Prior to the adoption, amendment or repeal of 144
rules and regulations necessary to implement this chapter, 145
Sections 17-17-1 through 17-17-47, Sections 21-27-201 through 146
21-27-221, Sections 37-138-1 through 37-138-31, and all other laws 147
administered by the department, the commission shall conduct a 148
public hearing or hearings thereon after public notice. Such 149
notice shall be given by publication once a week for three (3) 150
successive weeks in a newspaper having a general circulation 151
throughout the state. The notice shall contain a description of 152
the proposed regulation and the time, date and place of the 153
hearing. 154
(2) Additionally, the adoption, amendment or repeal of any 155
rule or regulation under this chapter, Sections 17-17-1 through 156
17-17-47, Sections 21-27-201 through 21-27-221, Sections 37-138-1 157
through 37-138-31 and all other laws administered by the 158
department shall be governed by the "Mississippi Administrative 159
Procedures Law." Any rule or regulation heretofore or hereafter 160
adopted, amended or repealed in substantial compliance with the 161
procedural requirements under Section 25-43-7 shall be valid. A 162
proceeding to contest any rule or regulation on the ground of 163
noncompliance with the procedural requirements of this section 164
must be commenced within one (1) year from the effective date of 165
the rule or regulation. 166
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(3) Notice of rules and regulations adopted by the 167
commission shall be published once in a newspaper having general 168
circulation throughout the state. 169
SECTION 5. Section 49-17-36, Mississippi Code of 1972, is 170
brought forward as follows: 171
49-17-36. (1) It is unlawful for any person to knowingly: 172
(a) fail to pay any fee assessed by the commission for 173
administration of the federal air operating permit program; (b) 174
fail to satisfy any air operating permit filing requirement; (c) 175
make any false statement, representation of certification in any 176
notice or report required by an air operating permit; or (d) 177
render inaccurate any air monitoring device or method required by 178
an air operating permit; and, upon conviction thereof, such person 179
shall be punished by a fine of not less than Two Thousand Five 180
Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand 181
Dollars ($25,000.00) per day of violation. 182
(2) In determining the amount of penalty under this section, 183
the following shall be considered at a minimum: 184
(a) The willfulness of the violation; 185
(b) Any damage to air, water, land or other natural 186
resources of the state or their uses; 187
(c) Costs of restoration or abatement; 188
(d) Economic benefit as a result of noncompliance; 189
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(e) The seriousness of the violation, including any 190
harm to the environment and any hazard to the health, safety and 191
welfare of the public; and 192
(f) Past performance history. 193
(3) All fines collected by the commission under this section 194
shall be deposited into the Pollution Emergency Fund established 195
under Section 49-17-68, Mississippi Code of 1972. 196
SECTION 6. Section 49-17-29, Mississippi Code of 1972, is 197
amended as follows: 198
49-17-29. (1) (a) Except as in compliance with paragraph 199
(b) of this subsection, it is unlawful for any person to cause 200
pollution of the air in the state or to place or cause to be 201
placed any wastes or other products or substances in a location 202
where they are likely to cause pollution of the air. It is also 203
unlawful to discharge any wastes, products or substances into the 204
air of the state which exceed standards of performance, hazardous 205
air pollutant standards, other emission standards set by the 206
commission, or which reduce the quality of the air below the air 207
quality standards or increments established by the commission or 208
prevent attainment or maintenance of those air quality standards. 209
Any such action is hereby declared to be a public nuisance. 210
(b) It is unlawful for any person to build, erect, 211
alter, replace, use or operate any equipment which will cause the 212
issuance of air contaminants unless that person holds a permit 213
from the Permit Board (except repairs or maintenance of equipment 214
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for which a permit has been previously issued), or unless that 215
person is exempted from holding a permit by a regulation 216
promulgated by the commission. Concentrated animal feeding 217
operations may be a source or a category of sources exempted under 218
this paragraph. However, no new or existing applications relating 219
to swine concentrated animal feeding operations within a county 220
shall be exempted from regulations and ordinances which have been 221
duly passed by the county's board of supervisors and which are in 222
force on June 1, 1998. 223
(2) (a) Except as in compliance with paragraph (b) of this 224
subsection, it is unlawful for any person to cause pollution of 225
any waters of the state or to place or cause to be placed any 226
wastes in a location where they are likely to cause pollution of 227
any waters of the state. It is also unlawful to discharge any 228
wastes into any waters of the state which reduce the quality of 229
those waters below the water quality standards established by the 230
commission; or to violate any applicable pretreatment standards or 231
limitations, technology-based effluent limitations, toxic 232
standards or any other limitations established by the commission. 233
Any such action is declared to be a public nuisance. 234
(b) It is unlawful for any person to carry on any of 235
the following activities, unless that person holds a current 236
permit for that activity from the Permit Board as may be required 237
for the disposal of all wastes which are or may be discharged into 238
the waters of the state, or unless that person is exempted from 239
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holding a permit by a regulation promulgated by the commission: 240
(i) the construction, installation, modification or operation of 241
any disposal system or part thereof or any extension or addition 242
thereto, including, but not limited to, systems serving 243
agricultural operations; (ii) the increase in volume or strength 244
of any wastes in excess of the permissive discharges specified 245
under any existing permit; (iii) the construction, installation or 246
operation of any industrial, commercial or other establishment, 247
including irrigation projects or any extension or modification 248
thereof or addition thereto, the operation of which would cause an 249
increase in the discharge of wastes into the waters of the state 250
or would otherwise alter the physical, chemical or biological 251
properties of any waters of the state in any manner not already 252
lawfully authorized; (iv) the construction or use of any new 253
outlet for the discharge of any wastes into the waters of the 254
state. However, no new or existing applications relating to swine 255
concentrated animal feeding operations within a county shall be 256
exempted from regulations and ordinances which have been duly 257
passed by the county's board of supervisors and which are in force 258
on June 1, 1998. 259
(3) (a) Except as otherwise provided in this section, the 260
Permit Board created by Section 49-17-28 shall be the exclusive 261
administrative body to make decisions on permit issuance, 262
reissuance, denial, modification or revocation of air pollution 263
control and water pollution control permits and permits required 264
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under the Solid Wastes Disposal Law of 1974 (Title 17, Chapter 265
17), and all other permits within the jurisdiction of the Permit 266
Board. After consideration of alternative waste treatment 267
technologies available to control air and water pollution and 268
odor, including appropriate siting criteria, the commission may 269
promulgate regulations establishing conditions, limitations and 270
exemptions under which the Permit Board shall make these 271
decisions. Regulations promulgated by the commission which 272
establish exemptions as authorized under this section shall apply 273
to any applicable facility in operation on the effective date of 274
that regulation and to any applicable facility constructed or 275
operated after the effective date of that regulation. The Permit 276
Board may issue multiple permits for the same facility or 277
operation simultaneously or in the sequence that it deems 278
appropriate consistent with the commission's regulations. Except 279
as otherwise provided in this paragraph, the Permit Board, under 280
any conditions that the board may prescribe, may authorize the 281
Executive Director of the Department of Environmental Quality to 282
make decisions on permit issuance, reissuance, denial, 283
modification or revocation. The executive director shall not be 284
authorized to make decisions on permit issuance, reissuance, 285
denial, modification or revocation for a commercial hazardous 286
waste management facility or a solid waste management permit for a 287
municipal solid waste landfill or incinerator. A decision by the 288
executive director shall be a decision of the Permit Board and 289
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shall be subject to formal hearing and appeal as provided in this 290
section. The executive director shall report all permit decisions 291
to the Permit Board at its next regularly scheduled meeting and 292
those decisions shall be recorded in the minutes of the Permit 293
Board. The decisions of the Permit Board shall be recorded in 294
minutes of the Permit Board and shall be kept separate and apart 295
from the minutes of the commission. The decision of the Permit 296
Board or the executive director to issue, reissue, deny, modify or 297
revoke permits shall not be construed to be an order or other 298
action of the commission. 299
(b) The Executive Director of the Department of 300
Environmental Quality shall also be the Executive Director of the 301
Permit Board and shall have available to him, as Executive 302
Director of the Permit Board, all resources and personnel 303
otherwise available to him as executive director of the 304
department. 305
(c) All persons required to obtain an air pollution 306
control or water pollution control permit, a permit under the 307
Solid Wastes Disposal Law of 1974 (Title 17, Chapter 17) or any 308
other permit within the jurisdiction of the Permit Board shall 309
make application for that permit with the Permit Board. The 310
Permit Board, under any regulations as the commission may 311
prescribe, may require the submission of those plans, 312
specifications and other information as it deems necessary to 313
carry out Sections 49-17-1 through 49-17-43 and Title 17, Chapter 314
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17, or to carry out the commission's regulations adopted under 315
those sections. The Permit Board, based upon any information as 316
it deems relevant, shall issue, reissue, deny, modify or revoke 317
air pollution control or water pollution control permit or permits 318
required under the Solid Wastes Disposal Law of 1974 (Title 17, 319
Chapter 17) or any other permit within the jurisdiction of the 320
Permit Board under any conditions as it deems necessary that are 321
consistent with the commission's regulations. The Permit Board's 322
action of issuance, reissuance, denial, modification or revocation 323
of a permit as recorded in its minutes shall constitute a complete 324
decision of the board. All permits issued by the Permit Board 325
shall remain in full force and effect until the board makes a 326
final determination regarding any reissuance, modification, or 327
revocation thereof. The Permit Board shall take action upon an 328
application within one hundred eighty (180) days following its 329
receipt in the board's principal office. No action which affects 330
revocation of an existing permit shall take effect until the 331
thirty (30) days mentioned in * * * subsection (4)(b) of this 332
section has expired or until a formal hearing as prescribed in 333
that paragraph is held, whichever is later. 334
(d) The Permit Board may adopt rules of practice and 335
procedure governing its proceedings that are consistent with the 336
commission's regulations. All hearings in connection with permits 337
issued, reissued, denied, modified or revoked and all appeals from 338
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decisions of the Permit Board shall be as provided in this 339
section. 340
(e) Upon any conditions that are consistent with the 341
commission's regulations and subject to those procedures for 342
public notice and hearings as provided by law, not inconsistent 343
with federal law and regulations, the Permit Board may issue 344
general permits and, where appropriate, may consolidate multiple 345
permits for the same facility or operation into a single permit. 346
(f) The Permit Board shall not issue any permit for a 347
new swine concentrated animal feeding operation or the expansion 348
of an existing swine concentrated animal feeding operation before 349
January 1, 2000, unless the department received the application 350
for that operation's new or modified permit before February 28, 351
1998, or except as provided in this paragraph (f). In issuing or 352
modifying any permit for which the department received an 353
application before February 28, 1998, the Permit Board shall apply 354
those siting criteria adopted or used by the commission before 355
February 28, 1998, unless federal law or regulations require more 356
stringent criteria. The moratorium established in this paragraph 357
shall not apply to the issuance of any permit for a new swine 358
concentrated animal feeding operation or the expansion of an 359
existing swine concentrated animal feeding operation that uses an 360
animal waste management system which the applicant demonstrates to 361
the Permit Board is innovative in significantly reducing the 362
effects of the operation on the public health, welfare or the 363
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environment and which is approved by the Permit Board. The Permit 364
Board shall not issue or modify more than five (5) permits under 365
this innovative animal waste management system technology 366
exemption to the moratorium. 367
(g) Each applicant for a permit for a new outlet for 368
the discharge of wastes into the waters of the state who is 369
required to obtain a certificate of public convenience and 370
necessity from the Public Service Commission for such wastewater 371
system shall submit financial and managerial information as 372
required by the Public Utilities Staff. Following review of that 373
information, the Executive Director of the Public Utilities Staff 374
shall certify in writing to the executive director of the 375
department, the financial and managerial viability of the system 376
if the Executive Director of the Public Utilities Staff determines 377
the system is viable. The Permit Board shall not issue the permit 378
until the certification is received. 379
(4) (a) Except as required by this section, before the 380
issuance, reissuance, denial, modification or revocation of any 381
air pollution control or water pollution control permit, permit 382
required under the Solid Wastes Disposal Law of 1974 (Title 17, 383
Chapter 17) or any other permit within its jurisdiction, the 384
Permit Board, in its discretion, may hold a public hearing or 385
meeting to obtain comments from the public on its proposed action. 386
Before the issuance, reissuance, denial, modification pertaining 387
to the expansion of a facility, transfer or revocation of a permit 388
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for a commercial hazardous waste management facility or a solid 389
waste management permit for a commercial municipal solid waste 390
landfill or incinerator, the Permit Board shall conduct a public 391
hearing or meeting to obtain comments from the public on the 392
proposed action. That hearing or meeting shall be informal in 393
nature and conducted under those procedures as the Permit Board 394
may deem appropriate consistent with the commission's regulations. 395
(b) Within thirty (30) days after the date the Permit 396
Board takes action upon permit issuance, reissuance, denial, 397
modification or revocation, as recorded in the minutes of the 398
Permit Board, any interested party aggrieved by that action may 399
file a written request for a formal hearing before the Permit 400
Board. An interested party is any person claiming an interest 401
relating to the property or project which is the subject of the 402
permit action, and who is so situated that the person may be 403
affected by the disposition of that action. 404
The Permit Board shall fix the time and place of the formal 405
hearing and shall notify the permittee of that time and place. 406
In conducting the formal hearing, the Permit Board shall have 407
the same full powers as to subpoenaing witnesses, administering 408
oaths, examining witnesses under oath and conducting the hearing, 409
as is now vested by law in the Mississippi Public Service 410
Commission, as to the hearings before it, with the additional 411
power that the Executive Director of the Permit Board may issue 412
all subpoenas at the instance of the Permit Board or at the 413
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instance of any interested party. Any subpoenas shall be served 414
by any lawful officer in any county to whom the subpoena is 415
directed and return made thereon as provided by law, with the cost 416
of service being paid by the party on whose behalf the subpoena 417
was issued. Witnesses summoned to appear at the hearing shall be 418
entitled to the same per diem and mileage as witnesses attending 419
the circuit court and shall be paid by the person on whose behalf 420
the witness was called. Sufficient sureties for the cost of 421
service of the subpoena and witness fees shall be filed with the 422
Executive Director of the Permit Board at the time that issuance 423
of the subpoena is requested. At a hearing, any interested party 424
may present witnesses and submit evidence and cross-examine 425
witnesses. 426
The Permit Board may designate a hearing officer to conduct 427
the formal hearing on all or any part of the issues on behalf of 428
the Permit Board. The hearing officer shall prepare the record of 429
the formal hearing conducted by that officer for the Permit Board 430
and shall submit the record to the Permit Board. 431
Upon conclusion of the formal hearing, the Permit Board shall 432
enter in its minutes the board's decision affirming, modifying or 433
reversing its prior decision to issue, reissue, deny, modify or 434
revoke a permit. The Permit Board shall prepare and record in its 435
minutes findings of fact and conclusions of law supporting its 436
decision. That decision, as recorded in its minutes with its 437
findings of fact and conclusions of law, shall be final unless an 438
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appeal, as provided in this section, is taken to chancery court 439
within twenty (20) days following the date the decision is entered 440
in the board's minutes. 441
(c) Within twenty (20) days after the date the Permit 442
Board takes action upon permit issuance, reissuance, denial, 443
modification or revocation after a formal hearing under this 444
subsection as recorded in the minutes of the Permit Board, any 445
person aggrieved of that action may appeal the action as provided 446
in subsection (5) of this section. 447
(5) (a) Appeals from any decision or action of the Permit 448
Board shall be only to chancery court as provided in this 449
subsection. 450
(b) Any person who is aggrieved by any decision of the 451
Permit Board issuing, reissuing, denying, revoking or modifying a 452
permit after a formal hearing may appeal that decision within the 453
period specified in subsection (4)(c) of this section to the 454
chancery court of the county of the situs in whole or in part of 455
the subject matter. The appellant shall give a cost bond with 456
sufficient sureties, payable to the state in the sum of not less 457
than One Hundred Dollars ($100.00) nor more than Five Hundred 458
Dollars ($500.00), to be fixed by the Permit Board and to be filed 459
with and approved by the Executive Director of the Permit Board, 460
who shall forthwith certify the filing of the bond together with a 461
certified copy of the record of the Permit Board in the matter to 462
the chancery court to which the appeal is taken, which shall 463
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thereupon become the record of the cause. An appeal to the 464
chancery court as provided in this section shall not stay the 465
decision of the Permit Board. The aggrieved party may, within 466
twenty (20) days following the date the board's decision after a 467
formal hearing is entered on the board's minutes, petition the 468
chancery court for an appeal with supersedeas and the chancellor 469
shall grant a hearing on that petition. Upon good cause shown, 470
the chancellor may grant that appeal with supersedeas. If 471
granted, the appellant shall be required to post a bond with 472
sufficient sureties according to law in an amount to be determined 473
by the chancellor. Appeals shall be considered only upon the 474
record as made before the Permit Board. The chancery court shall 475
always be deemed open for hearing of an appeal and the chancellor 476
may hear the same in termtime or in vacation at any place in the 477
chancellor's district, and the appeal shall have precedence over 478
all civil cases, except election contests. The chancery court 479
shall review all questions of law and of fact. If no prejudicial 480
error is found, the matter shall be affirmed. If prejudicial 481
error is found the decision of the board shall be reversed and the 482
chancery court shall remand the matter to the Permit Board for 483
appropriate action as may be indicated or necessary under the 484
circumstances. Appeals may be taken from the chancery court to 485
the Supreme Court in the manner as now required by law, except 486
that if a supersedeas is desired by the party appealing to the 487
chancery court, that party may apply for a supersedeas to the 488
H. B. No. 1412 *HR43/R1049* ~ OFFICIAL ~
26/HR43/R1049
PAGE 21 (MCL\KP)
ST: Air quality; prohibit injection of
chemicals into atmosphere with purpose of
affecting the weather.
chancellor of that court, who shall award a writ of supersedeas, 489
without additional bond, if in the chancellor's judgment material 490
damage is not likely to result thereby; but otherwise, the 491
chancellor shall require a supersedeas bond as the chancellor 492
deems proper, which shall be liable to the state for any damage. 493
SECTION 7. This act shall take effect and be in force from 494
and after July 1, 2026. 495