Mississippi geoengineering ban; enact.

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To: Environment Prot, Cons
and Water Res; Judiciary,
Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McLendon

SENATE BILL NO. 2254

AN ACT TO AMEND SECTION 49-17-5, MISSISSIPPI CODE OF 1972, TO 1
DEFINE THE TERM "GEOENGINEERING" WITHIN THE MISSISSIPPI AIR AND 2
WATER POLLUTION CONTROL LAW; TO AMEND SECTION 49-17-17, 3
MISSISSIPPI CODE OF 1972, TO GIVE THE MISSISSIPPI AIR AND WATER 4
POLLUTION CONTROL COMMISSION AUTHORITY TO ISSUE, MODIFY OR REVOKE 5
ORDERS RELATED TO GEOENGINEERING; TO AMEND SECTION 49-17-19, 6
MISSISSIPPI CODE OF 1972, TO PROHIBIT GEOENGINEERING IN 7
MISSISSIPPI AND TO CREATE PENALTIES FOR VIOLATIONS; AND FOR 8
RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 49-17-5, Mississippi Code of 1972, is 11
amended as follows: 12
49-17-5. For the purposes of Sections 49-17-1 through 13
49-17-43, the following words and phrases shall have the meanings 14
ascribed to them in this section: 15
(1) Water. 16
(a) "Pollution" means such contamination, or other 17
alteration of the physical, chemical or biological properties, of 18
any waters of the state, including change in temperature, taste, 19
color, turbidity, or odor of the waters, or such discharge of any 20
liquid, gaseous, solid, radioactive, or other substance or leak 21
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into any waters of the state unless in compliance with a valid 22
permit issued therefor by the Permit Board. 23
(b) "Wastes" means sewage, industrial wastes, oil field 24
wastes, and all other liquid, gaseous, solid, radioactive, or 25
other substances which may pollute or tend to pollute any waters 26
of the state. 27
(c) "Sewerage system" means pipelines or conduits, 28
pumping stations, and force mains, and other structures, devices, 29
appurtenances and facilities used for collecting or conducting 30
wastes to an ultimate point for treatment or disposal. 31
(d) "Treatment works" means any plant or other works, 32
used for the purpose of treating, stabilizing or holding wastes. 33
(e) "Disposal system" means a system for disposing of 34
wastes, either by surface or underground methods, and includes 35
sewerage systems, treatment works, disposal wells and other 36
systems. 37
(f) "Waters of the state" means all waters within the 38
jurisdiction of this state, including all streams, lakes, ponds, 39
impounding reservoirs, marshes, watercourses, waterways, wells, 40
springs, irrigation systems, drainage systems, and all other 41
bodies or accumulations of water, surface and underground, natural 42
or artificial, situated wholly or partly within or bordering upon 43
the state, and such coastal waters as are within the jurisdiction 44
of the state, except lakes, ponds or other surface waters which 45
are wholly landlocked and privately owned, and which are not 46
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regulated under the Federal Clean Water Act (33 U.S.C. 1251 et 47
seq). 48
(g) "Underground water" means an underground source of 49
drinking water as defined within the regulations of the Federal 50
Safe Drinking Water Act. 51
(2) Air. 52
(a) "Air contaminant" means particulate matter, dust, 53
fumes, gas, mist, smoke or vapor, or any combination thereof, 54
produced by processes other than natural. 55
(b) "Air pollution" means the presence in the outdoor 56
atmosphere of one or more air contaminants in quantities, of 57
characteristic, and of a duration which are materially injurious 58
or can be reasonably expected to become materially injurious to 59
human, plant or animal life or to property, or which unreasonably 60
interfere with enjoyment of life or use of property throughout the 61
state or throughout such area of the state as shall be affected 62
thereby. 63
(c) "Air contamination" means the presence in the 64
outdoor atmosphere of one or more air contaminants which 65
contribute to a condition of air pollution. 66
(d) "Air contamination source" means any source at, 67
from, or by reason of which there is emitted into the atmosphere 68
any air contaminant, regardless of who the person may be who owns 69
or operates the building, premises or other property in, at, or on 70
which such source is located, or the facility, equipment or other 71
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property by which the emission is caused or from which the 72
emission comes. 73
(e) "Air-cleaning device" means any method, process or 74
equipment, the primary function of which is to remove, reduce or 75
render less noxious air contaminants discharged into the 76
atmosphere. 77
(f) "Area of the state" means any city or county or 78
portion thereof, or other substantial geographical area of the 79
state as may be designated by the Mississippi Commission on 80
Environmental Quality. 81
(g) "Federal Clean Air Act" means the Federal Clean Air 82
Act, 42 U.S.C. 7401 et seq., as amended. 83
(h) "Geoengineering" means the intentional injection, 84
release or dispersion, by any means, of chemicals, chemical 85
compounds, substances or apparatus within the borders of this 86
state into the atmosphere with the express purpose of affecting 87
temperature, weather or the intensity of the sunlight. 88
(3) General. 89
(a) "Commission" means the Mississippi Commission on 90
Environmental Quality acting through the Office of Pollution 91
Control of the Department of Environmental Quality. 92
(b) "Person" means the state or other agency or 93
institution thereof, any municipality, political subdivision, 94
public or private corporation, individual, partnership, 95
association or other entity, and includes any officer or governing 96
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or managing body of any municipality, political subdivision, or 97
public or private corporation, or the United States or any officer 98
or employee thereof. 99
(c) "Pollution Emergency Fund" means the fund 100
established under Section 49-17-68. 101
(d) "General permit" means a permit for categories of 102
sources that involve similar wastes and have similar monitoring 103
requirements and restrictions. 104
SECTION 2. Section 49-17-17, Mississippi Code of 1972, is 105
amended as follows: 106
49-17-17. The commission shall have and may exercise the 107
following powers and duties: 108
(a) General supervision of the administration and 109
enforcement of Sections 49-17-1 through 49-17-43 and Sections 110
17-17-1 through 17-17-47, and all rules and regulations and orders 111
promulgated thereunder; 112
(b) To develop comprehensive programs for the 113
prevention, control and abatement of new or existing pollution of 114
the air and waters of the state; 115
(c) To advise, consult, cooperate, or enter into 116
contracts, grants and cooperative agreements with any federal or 117
state agency or subdivision thereof, other states and interstate 118
agencies, or any public or private institution located inside or 119
outside the State of Mississippi, and with affected groups, 120
political subdivisions, and industries in furtherance of carrying 121
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out the provisions of Sections 49-17-1 through 49-17-43 and shall 122
have the authority to enter into compacts with any other state or 123
states for the purpose of achieving the objectives of such 124
sections with respect to air and waters, or to authorize the 125
executive director with the approval of the commission to exercise 126
any of the aforementioned powers; 127
(d) To administer funds allocated to the state's water 128
and air pollution abatement grant program, to accept and 129
administer loans and grants from the federal government and from 130
other sources, public or private, for carrying out any of its 131
functions, which loans and grants shall not be expended for other 132
than the purposes for which provided; 133
(e) To encourage, participate in, or conduct studies, 134
investigations, research and demonstrations relating to air and 135
water quality and pollution and causes, prevention, control and 136
abatement as it may deem advisable and necessary for the discharge 137
of its duties under Sections 49-17-1 through 49-17-43; to make 138
funds available from the Water Pollution Abatement Grant Fund by 139
means of advances to political subdivisions in this state in an 140
amount not to exceed one percent (1%) of the estimated project 141
cost as approved by and under such rules and regulations as 142
adopted by the commission for the preparation of project planning 143
reports and feasibility analyses; and to exercise such supervision 144
as it may deem advisable and necessary for the discharge of its 145
duties under Sections 49-17-1 through 49-17-43; 146
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(f) To require the repayment of funds made available to 147
a political subdivision under subsection (e) above to the Water 148
Pollution Abatement Grant Fund prior to the receipt of any other 149
funds by any political subdivision providing services to the area 150
and receiving funds provided under Sections 49-17-1 through 151
49-17-43; any funds made available to any political subdivisions 152
providing services to the area and receiving funds under the 153
provisions of said sections shall be repaid in the same manner as 154
are other funds made available to the political subdivisions under 155
the provisions of said sections; 156
(g) To collect and disseminate information relating to 157
air and water quality and pollution and the prevention, control, 158
supervision and abatement thereof; 159
(h) To adopt, modify or repeal and promulgate ambient 160
air and water quality standards and emissions standards for the 161
state under such conditions as the commission may prescribe for 162
the prevention, control and abatement of pollution; 163
(i) To adopt, modify, repeal, and promulgate, after due 164
notice and hearing, and, where not otherwise prohibited by federal 165
or state law, to make exceptions to and grant exemptions and 166
variances from, and to enforce rules and regulations implementing 167
or effectuating the powers and duties of the commission under 168
Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 169
17-17-47, and as the commission may deem necessary to prevent, 170
control and abate existing or potential pollution; 171
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(j) To issue, modify, or revoke orders (1) prohibiting, 172
controlling or abating discharges of contaminants and wastes into 173
the air and waters of the state; (2) requiring the construction of 174
new disposal systems, or air-cleaning devices, or any parts 175
thereof, or the modification, extension or alteration of existing 176
disposal systems, or air-cleaning devices, or any parts thereof, 177
or the adoption of other remedial measures to prevent, control or 178
abate air and water pollution; * * * (3) setting standards of air 179
or water quality or evidencing any other determination by the 180
commission under Sections 49-17-1 through 49-17-43; and (4) 181
prohibiting all instances of geoengineering in the State of 182
Mississippi; 183
(k) To hold such hearings, to issue notices of hearing 184
and subpoenas requiring the attendance of such witnesses and the 185
production of such evidence, to administer oaths, and to take such 186
testimony as the commission deems necessary; 187
(l) To require the prior submission of plans, 188
specifications and other data relative to, and to inspect the 189
construction of, disposal systems, or air-cleaning devices, or any 190
part thereof, in connection with the issuance of such permits or 191
approval as are required by Sections 49-17-1 through 49-17-43; 192
(m) To require proper maintenance and operation of 193
disposal systems, or air-cleaning devices; and to require the 194
installation and operation of monitoring devices or methods as may 195
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be deemed necessary and the maintenance and submission of 196
monitoring and operating records as may be prescribed; 197
(n) To exercise all incidental powers necessary to 198
carry out the purposes of Sections 49-17-1 through 49-17-43 and 199
Sections 17-17-1 through 17-17-47; and 200
(o) To delegate in such manner as it sees fit the 201
duties and powers relating to air and water quality and pollution 202
control to the agency members presently engaged in the several 203
fields of water or air control of pollution. In cases of 204
difference of opinion between such agencies as to their respective 205
field of operation, the commission shall delegate said 206
responsibility to the proper agency, and the commission's action 207
therein shall be final. 208
Nothing contained in this section shall be deemed to grant to 209
the commission any jurisdiction or authority to make any rule or 210
regulation, recommendation or determination or to enter any order 211
with respect to air conditions existing solely within the property 212
boundaries of commercial and industrial plants, works, or shops or 213
to affect the relations between employers and employees with 214
respect to or arising out of any air condition. 215
SECTION 3. Section 49-17-19, Mississippi Code of 1972, is 216
amended as follows: 217
49-17-19. (1) In order to carry out the purposes of 218
Sections 49-17-1 through 49-17-43, the commission may set ambient 219
standards of air and water quality for the state or portions 220
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thereof. Such ambient standards of quality shall be such as to 221
protect the public health and welfare and the present and 222
prospective future use of such air and of such waters for public 223
water supplies, propagation of fish and aquatic life and wildlife, 224
recreational purposes, and agricultural, industrial and other 225
legitimate uses. Such ambient standards may be amended from time 226
to time as determined to be necessary by the commission. In order 227
to carry out the purposes of Sections 49-17-1 through 49-17-43, 228
the commission may also set emission standards for the purpose of 229
controlling air contamination, air pollution and the sources 230
thereof. In establishing ambient air quality standards for odor, 231
the commission shall adopt recognized objective standards if they 232
exist. In the absence of a recognized objective ambient air 233
quality standard for odor, the commission may adopt such 234
subjective standards as may be appropriate. 235
In establishing such standards relating to pesticides and 236
commercial fertilizers for underground water, the commission shall 237
adopt federal standards if they exist. If no federal standard 238
exists, the commission shall petition the United States 239
Environmental Protection Agency to establish a federal standard 240
for the substance of interest. If the commission determines that 241
a federal standard cannot be obtained within thirty (30) days, it 242
shall consult with the United States Environmental Protection 243
Agency's Office of Drinking Water and Office of Pesticide Programs 244
regarding the agency's conclusion relative to available 245
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ST: Mississippi geoengineering ban; enact.
toxicological information on the substance of interest and on the 246
methodology used for establishing a federal standard. The 247
commission shall utilize this information and methodology to 248
establish a standard. The commission may also consult with and 249
request similar information from other sources. 250
(2) (a) The commission shall enact regulations to prohibit 251
all instances of geoengineering in the State of Mississippi. 252
(b) Any entity or individual who violates paragraph (a) 253
of this subsection: 254
(i) Has committed a felony and shall pay a fine of 255
not less than Five Hundred Thousand Dollars ($500,000.00) or be 256
imprisoned for not less than two (2) years, or both; 257
(ii) Shall be guilty of a separate offense for 258
each day during which violative activity has been conducted, 259
repeated or continued; and 260
(iii) Shall be deemed in violation of and subject 261
to the penalties of any other applicable pollution laws of the 262
State of Mississippi. 263
SECTION 4. This act shall take effect and be in force from 264
and after July 1, 2026. 265