Environmental protection; prohibit geoengineering.

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To: Environment Prot, Cons
and Water Res
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barrett, McMahan, Williams

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2418

AN ACT TO DECLARE CERTAIN LEGISLATIVE FINDINGS RELATING TO 1
GEOENGINEERING; TO AMEND SECTION 49-17-5, MISSISSIPPI CODE OF 2
1972, TO DEFINE THE TERM "GEOENGINEERING" WITHIN THE MISSISSIPPI 3
AIR AND WATER POLLUTION CONTROL LAW; TO AMEND SECTION 49-17-17, 4
MISSISSIPPI CODE OF 1972, TO GIVE THE MISSISSIPPI AIR AND WATER 5
POLLUTION CONTROL COMMISSION AUTHORITY TO ISSUE, MODIFY OR REVOKE 6
ORDERS RELATED TO GEOENGINEERING; TO PROVIDE AN EXCEPTION FOR 7
RESEARCH INSTITUTIONS; TO AMEND SECTION 49-17-19, MISSISSIPPI CODE 8
OF 1972, TO PROHIBIT GEOENGINEERING IN MISSISSIPPI AND TO CREATE 9
PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. The Legislature finds and declares that: 12
(a) It is documented that the federal government or 13
other entities acting on the federal government's behalf or at the 14
federal government's request may conduct geoengineering 15
experiments by intentionally dispersing chemicals into the 16
atmosphere, and those activities may occur within the State of 17
Mississippi. 18
(b) The risk to human health and environmental welfare 19
from broad scale geoengineering is currently not well understood. 20
(c) The Mississippi Air and Water Pollution Control 21
Commission, which operates through the Mississippi Department of 22
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Environmental Quality, is responsible for monitoring air, soil and 23
water quality, and regulating industrial and agricultural 24
emissions into the air, soil and water within the State of 25
Mississippi to ensure the safety of the public, while not impeding 26
on agriculture or commerce within the state. 27
(d) It is the intent of this Legislature to protect the 28
public health and welfare of Mississippians while allowing all 29
authorized activities permitted under state law. 30
SECTION 2. Section 49-17-5, Mississippi Code of 1972, is 31
amended as follows: 32
49-17-5. For the purposes of Sections 49-17-1 through 33
49-17-43, the following words and phrases shall have the meanings 34
ascribed to them in this section: 35
(1) Water. 36
(a) "Pollution" means such contamination, or other 37
alteration of the physical, chemical or biological properties, of 38
any waters of the state, including change in temperature, taste, 39
color, turbidity, or odor of the waters, or such discharge of any 40
liquid, gaseous, solid, radioactive, or other substance or leak 41
into any waters of the state unless in compliance with a valid 42
permit issued therefor by the Permit Board. 43
(b) "Wastes" means sewage, industrial wastes, oil field 44
wastes, and all other liquid, gaseous, solid, radioactive, or 45
other substances which may pollute or tend to pollute any waters 46
of the state. 47
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(c) "Sewerage system" means pipelines or conduits, 48
pumping stations, and force mains, and other structures, devices, 49
appurtenances and facilities used for collecting or conducting 50
wastes to an ultimate point for treatment or disposal. 51
(d) "Treatment works" means any plant or other works, 52
used for the purpose of treating, stabilizing or holding wastes. 53
(e) "Disposal system" means a system for disposing of 54
wastes, either by surface or underground methods, and includes 55
sewerage systems, treatment works, disposal wells and other 56
systems. 57
(f) "Waters of the state" means all waters within the 58
jurisdiction of this state, including all streams, lakes, ponds, 59
impounding reservoirs, marshes, watercourses, waterways, wells, 60
springs, irrigation systems, drainage systems, and all other 61
bodies or accumulations of water, surface and underground, natural 62
or artificial, situated wholly or partly within or bordering upon 63
the state, and such coastal waters as are within the jurisdiction 64
of the state, except lakes, ponds or other surface waters which 65
are wholly landlocked and privately owned, and which are not 66
regulated under the Federal Clean Water Act (33 U.S.C. 1251 et 67
seq). 68
(g) "Underground water" means an underground source of 69
drinking water as defined within the regulations of the Federal 70
Safe Drinking Water Act. 71
(2) Air. 72
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(a) "Air contaminant" means particulate matter, dust, 73
fumes, gas, mist, smoke or vapor, or any combination thereof, 74
produced by processes other than natural. 75
(b) "Air pollution" means the presence in the outdoor 76
atmosphere of one or more air contaminants in quantities, of 77
characteristic, and of a duration which are materially injurious 78
or can be reasonably expected to become materially injurious to 79
human, plant or animal life or to property, or which unreasonably 80
interfere with enjoyment of life or use of property throughout the 81
state or throughout such area of the state as shall be affected 82
thereby. 83
(c) "Air contamination" means the presence in the 84
outdoor atmosphere of one or more air contaminants which 85
contribute to a condition of air pollution. 86
(d) "Air contamination source" means any source at, 87
from, or by reason of which there is emitted into the atmosphere 88
any air contaminant, regardless of who the person may be who owns 89
or operates the building, premises or other property in, at, or on 90
which such source is located, or the facility, equipment or other 91
property by which the emission is caused or from which the 92
emission comes. 93
(e) "Air-cleaning device" means any method, process or 94
equipment, the primary function of which is to remove, reduce or 95
render less noxious air contaminants discharged into the 96
atmosphere. 97
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(f) "Area of the state" means any city or county or 98
portion thereof, or other substantial geographical area of the 99
state as may be designated by the Mississippi Commission on 100
Environmental Quality. 101
(g) "Federal Clean Air Act" means the Federal Clean Air 102
Act, 42 U.S.C. 7401 et seq., as amended. 103
(h) "Geoengineering" means the intentional injection, 104
release or dispersion, by any means, of chemicals, chemical 105
compounds, substances or apparatus within the borders of this 106
state into the atmosphere with the express purpose of affecting 107
temperature, weather or the intensity of the sunlight. No 108
provision in this chapter that concerns geoengineering as defined 109
herein shall be construed to prevent the use of pesticides, 110
herbicides or fungicides on farming and ranching operations in 111
this state. 112
(3) General. 113
(a) "Commission" means the Mississippi Commission on 114
Environmental Quality acting through the Office of Pollution 115
Control of the Department of Environmental Quality. 116
(b) "Person" means the state or other agency or 117
institution thereof, any municipality, political subdivision, 118
public or private corporation, individual, partnership, 119
association or other entity, and includes any officer or governing 120
or managing body of any municipality, political subdivision, or 121
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public or private corporation, or the United States or any officer 122
or employee thereof. 123
(c) "Pollution Emergency Fund" means the fund 124
established under Section 49-17-68. 125
(d) "General permit" means a permit for categories of 126
sources that involve similar wastes and have similar monitoring 127
requirements and restrictions. 128
SECTION 3. Section 49-17-17, Mississippi Code of 1972, is 129
amended as follows: 130
49-17-17. The commission shall have and may exercise the 131
following powers and duties: 132
(a) General supervision of the administration and 133
enforcement of Sections 49-17-1 through 49-17-43 and Sections 134
17-17-1 through 17-17-47, and all rules and regulations and orders 135
promulgated thereunder; 136
(b) To develop comprehensive programs for the 137
prevention, control and abatement of new or existing pollution of 138
the air and waters of the state; 139
(c) To advise, consult, cooperate, or enter into 140
contracts, grants and cooperative agreements with any federal or 141
state agency or subdivision thereof, other states and interstate 142
agencies, or any public or private institution located inside or 143
outside the State of Mississippi, and with affected groups, 144
political subdivisions, and industries in furtherance of carrying 145
out the provisions of Sections 49-17-1 through 49-17-43 and shall 146
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have the authority to enter into compacts with any other state or 147
states for the purpose of achieving the objectives of such 148
sections with respect to air and waters, or to authorize the 149
executive director with the approval of the commission to exercise 150
any of the aforementioned powers; 151
(d) To administer funds allocated to the state's water 152
and air pollution abatement grant program, to accept and 153
administer loans and grants from the federal government and from 154
other sources, public or private, for carrying out any of its 155
functions, which loans and grants shall not be expended for other 156
than the purposes for which provided; 157
(e) To encourage, participate in, or conduct studies, 158
investigations, research and demonstrations relating to air and 159
water quality and pollution and causes, prevention, control and 160
abatement as it may deem advisable and necessary for the discharge 161
of its duties under Sections 49-17-1 through 49-17-43; to make 162
funds available from the Water Pollution Abatement Grant Fund by 163
means of advances to political subdivisions in this state in an 164
amount not to exceed one percent (1%) of the estimated project 165
cost as approved by and under such rules and regulations as 166
adopted by the commission for the preparation of project planning 167
reports and feasibility analyses; and to exercise such supervision 168
as it may deem advisable and necessary for the discharge of its 169
duties under Sections 49-17-1 through 49-17-43; 170
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(f) To require the repayment of funds made available to 171
a political subdivision under subsection (e) above to the Water 172
Pollution Abatement Grant Fund prior to the receipt of any other 173
funds by any political subdivision providing services to the area 174
and receiving funds provided under Sections 49-17-1 through 175
49-17-43; any funds made available to any political subdivisions 176
providing services to the area and receiving funds under the 177
provisions of said sections shall be repaid in the same manner as 178
are other funds made available to the political subdivisions under 179
the provisions of said sections; 180
(g) To collect and disseminate information relating to 181
air and water quality and pollution and the prevention, control, 182
supervision and abatement thereof; 183
(h) To adopt, modify or repeal and promulgate ambient 184
air and water quality standards and emissions standards for the 185
state under such conditions as the commission may prescribe for 186
the prevention, control and abatement of pollution; 187
(i) To adopt, modify, repeal, and promulgate, after due 188
notice and hearing, and, where not otherwise prohibited by federal 189
or state law, to make exceptions to and grant exemptions and 190
variances from, and to enforce rules and regulations implementing 191
or effectuating the powers and duties of the commission under 192
Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 193
17-17-47, and as the commission may deem necessary to prevent, 194
control and abate existing or potential pollution; 195
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(j) To issue, modify, or revoke orders (1) prohibiting, 196
controlling or abating discharges of contaminants and wastes into 197
the air and waters of the state; (2) requiring the construction of 198
new disposal systems, or air-cleaning devices, or any parts 199
thereof, or the modification, extension or alteration of existing 200
disposal systems, or air-cleaning devices, or any parts thereof, 201
or the adoption of other remedial measures to prevent, control or 202
abate air and water pollution; * * * (3) setting standards of air 203
or water quality or evidencing any other determination by the 204
commission under Sections 49-17-1 through 49-17-43; and (4) 205
prohibiting all instances of geoengineering in the State of 206
Mississippi, except actions taken in furtherance of individual 207
research projects conducted by state institutions of higher 208
learning that have been designated as research institutions by the 209
Board of Trustees of the State Institutions of Higher Learning; 210
(k) To hold such hearings, to issue notices of hearing 211
and subpoenas requiring the attendance of such witnesses and the 212
production of such evidence, to administer oaths, and to take such 213
testimony as the commission deems necessary; 214
(l) To require the prior submission of plans, 215
specifications and other data relative to, and to inspect the 216
construction of, disposal systems, or air-cleaning devices, or any 217
part thereof, in connection with the issuance of such permits or 218
approval as are required by Sections 49-17-1 through 49-17-43; 219
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(m) To require proper maintenance and operation of 220
disposal systems, or air-cleaning devices; and to require the 221
installation and operation of monitoring devices or methods as may 222
be deemed necessary and the maintenance and submission of 223
monitoring and operating records as may be prescribed; 224
(n) To exercise all incidental powers necessary to 225
carry out the purposes of Sections 49-17-1 through 49-17-43 and 226
Sections 17-17-1 through 17-17-47; and 227
(o) To delegate in such manner as it sees fit the 228
duties and powers relating to air and water quality and pollution 229
control to the agency members presently engaged in the several 230
fields of water or air control of pollution. In cases of 231
difference of opinion between such agencies as to their respective 232
field of operation, the commission shall delegate said 233
responsibility to the proper agency, and the commission's action 234
therein shall be final. 235
Nothing contained in this section shall be deemed to grant to 236
the commission any jurisdiction or authority to make any rule or 237
regulation, recommendation or determination or to enter any order 238
with respect to air conditions existing solely within the property 239
boundaries of commercial and industrial plants, works, or shops or 240
to affect the relations between employers and employees with 241
respect to or arising out of any air condition. 242
SECTION 4. Section 49-17-19, Mississippi Code of 1972, is 243
amended as follows: 244
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49-17-19. (1) In order to carry out the purposes of 245
Sections 49-17-1 through 49-17-43, the commission may set ambient 246
standards of air and water quality for the state or portions 247
thereof. Such ambient standards of quality shall be such as to 248
protect the public health and welfare and the present and 249
prospective future use of such air and of such waters for public 250
water supplies, propagation of fish and aquatic life and wildlife, 251
recreational purposes, and agricultural, industrial and other 252
legitimate uses. Such ambient standards may be amended from time 253
to time as determined to be necessary by the commission. In order 254
to carry out the purposes of Sections 49-17-1 through 49-17-43, 255
the commission may also set emission standards for the purpose of 256
controlling air contamination, air pollution and the sources 257
thereof. In establishing ambient air quality standards for odor, 258
the commission shall adopt recognized objective standards if they 259
exist. In the absence of a recognized objective ambient air 260
quality standard for odor, the commission may adopt such 261
subjective standards as may be appropriate. 262
In establishing such standards relating to pesticides and 263
commercial fertilizers for underground water, the commission shall 264
adopt federal standards if they exist. If no federal standard 265
exists, the commission shall petition the United States 266
Environmental Protection Agency to establish a federal standard 267
for the substance of interest. If the commission determines that 268
a federal standard cannot be obtained within thirty (30) days, it 269
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ST: Environmental protection; prohibit
geoengineering.
shall consult with the United States Environmental Protection 270
Agency's Office of Drinking Water and Office of Pesticide Programs 271
regarding the agency's conclusion relative to available 272
toxicological information on the substance of interest and on the 273
methodology used for establishing a federal standard. The 274
commission shall utilize this information and methodology to 275
establish a standard. The commission may also consult with and 276
request similar information from other sources. 277
(2) (a) The commission shall enact regulations to prohibit 278
all instances of geoengineering in the State of Mississippi. 279
(b) Any entity or individual who violates paragraph (a) 280
of this subsection: 281
(i) Has committed a felony and shall pay a fine of 282
not less than Five Hundred Thousand Dollars ($500,000.00) or be 283
imprisoned for not less than two (2) years, or both; 284
(ii) Shall be guilty of a separate offense for 285
each day during which violative activity has been conducted, 286
repeated or continued; and 287
(iii) Shall be deemed in violation of and subject 288
to the penalties of any other applicable pollution laws of the 289
State of Mississippi. 290
SECTION 5. This act shall take effect and be in force from 291
and after July 1, 2026. 292