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SECOND REGULAR SESSION
SENATE BILL NO. 1368
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
5337S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 640, RSMo, by adding thereto two new sections relating to weather
modification, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto 1
two new sections, to be known as sections 640.800 and 640.801, 2
to read as follows:3
640.800. 1. As used in this section, the following 1
terms mean: 2
(1) "Department", the Missouri department of natural 3
resources; 4
(2) "Weather modification", the injection, release, or 5
dispersion, by any means, of a chemical, a chemical 6
compound, a substance, or an apparatus into the atmosphere 7
in the state for the purpose of affecting the temperature, 8
weather, climate, or intensity of sunlight. 9
2. No person or entity shall engage in weather 10
modification in the state. Any person or entity who 11
violates provisions of this section shall be subject to the 12
following penalties: 13
(1) A class E felony; and 14
(2) A civil penalty not to exceed two hundred thousand 15
dollars. 16
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3. Any individual may report violations of this 17
section to the department. If the department finds that a 18
violation occurred, the department shall ask the attorney 19
general to commence an action in the court of competent 20
jurisdiction. If the court finds that a violation occurred, 21
the court may grant damages, civil penalties, criminal 22
penalties, injunctive relief, attorney fees, and any such 23
other relief the court finds appropriate. 24
4. The department shall create an online publically 25
accessible form for the purpose of reporting any instance of 26
weather modification in the state. The department shall 27
also establish a screening method of reports under this 28
subsection and shall investigate each report for any 29
violations of this section. 30
5. All moneys collected from civil penalties under 31
this section shall be deposited into the natural resources 32
protection fund air pollution permit fee subaccount 33
established pursuant to section 640.220. 34
6. The department shall promulgate rules to enforce 35
provisions of this section. Any rule or portion of a rule, 36
as that term is defined in section 536.010, that is created 37
under the authority delegated in this section shall become 38
effective only if it complies with and is subject to all of 39
the provisions of chapter 536 and, if applicable, section 40
536.028. This section and chapter 536 are nonseverable and 41
if any of the powers vested with the general assembly 42
pursuant to chapter 536 to review, to delay the effective 43
date, or to disapprove and annul a rule are subsequently 44
held unconstitutional, then the grant of rulemaking 45
authority and any rule proposed or adopted after August 28, 46
2026, shall be invalid and void. 47
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640.801. 1. As used in this section, the following 1
terms mean: 2
(1) "Aircraft", a machine, a vehicle, or device 3
capable of atmospheric flight, except a parachute or other 4
device used primarily as safety equipment; 5
(2) "Airport", the same as defined in section 305.120; 6
(3) "Department", the Missouri department of natural 7
resources; 8
(4) "Weather modification", the same as defined in 9
section 640.800. 10
2. Beginning on or after January 1, 2027, all 11
operators of airports in the state shall submit monthly 12
reports to the department, using a method determined by the 13
department. Such reports shall contain the following: 14
(1) Any physical presence of an aircraft on the 15
premises of any airport if the aircraft is equipped with any 16
part, component, device, or otherwise, which may be used for 17
the purpose of weather modification; or 18
(2) The landing, takeoff, stopover, or refueling of 19
any aircraft equipped with parts, components, or devices 20
described in subdivision (1) of this subsection located on 21
the premises of any airport in the state. 22
3. The department shall review the reports under 23
subsection 2 of this section to determine whether any 24
violation occurred pursuant to the provisions of section 25
640.800. If the department determines that a violation or 26
violations occurred, the department shall ask the attorney 27
general to commence an action pursuant to the provisions of 28
section 640.800. 29
4. The department shall submit aggregate reports under 30
subsection 2 of this section to the Missouri department of 31
transportation every quarter of each calendar year. The 32
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Missouri department of transportation shall not expend any 33
state funds to any airport project or program if the airport 34
has any aircraft located on the premises of the airport and 35
such aircraft is engaged in weather modification. 36
5. The department shall promulgate rules to implement 37
provisions of this section. Any rule or portion of a rule, 38
as that term is defined in section 536.010, that is created 39
under the authority delegated in this section shall become 40
effective only if it complies with and is subject to all of 41
the provisions of chapter 536 and, if applicable, section 42
536.028. This section and chapter 536 are nonseverable and 43
if any of the powers vested with the general assembly 44
pursuant to chapter 536 to review, to delay the effective 45
date, or to disapprove and annul a rule are subsequently 46
held unconstitutional, then the grant of rulemaking 47
authority and any rule proposed or adopted after August 28, 48
2026, shall be invalid and void. 49
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