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A5246
ASSEMBLY, No. 5246
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 11, 2026
Sponsored by:
Assemblywoman� DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Prohibits release of certain substances into
atmosphere for purposes of geoengineering.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the release of certain substances into the
atmosphere and supplementing Title 26 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Albedo� means the fraction of
incident radiation, such as light and heat, reflected by a natural cloud or by
materials injected into the atmosphere.
���� �Chaff� means aluminum-coated
silica glass fibers typically dispersed in bundles in the atmosphere.
���� �Cloud seeding� means a
weather modification technique for changing the amount, type, or distribution
of precipitation from clouds by artificially creating cloud condensation nuclei
or ice nuclei in the atmosphere.
���� �Commissioner� means the
Commissioner of Environmental Protection.
���� �Department� means the
Department of Environmental Protection.
���� �Geoengineering� means the
intentional manipulation of the environment, through use of a chemical or other
physical agent, which is effectuated with the intention of bringing about
changes to Earth�s atmospheric or surface conditions, including weather
modification, aerosol injection, chaff dispersal, or cloud seeding activities.
���� �Hazardous� means that a
chemical or other physical agent is, by its nature, harmful to living
organisms, to property, or to another interest of value.
���� �Weather modification� means
the changing, controlling, or interfering with; or the attempt to change,
control, or interfere with; the natural development of cloud forms,
precipitation, barometric pressure, temperature, albedo, conductivity, or other
characteristics of the atmosphere.
���� 2.� a.� No person, including
any private or public entity, shall release a hazardous chemical or other
hazardous physical agent into the atmosphere for the purposes of
geoengineering.
���� b.� If a federal agency or
branch of the armed forces carries out a project that involves the release of a
hazardous chemical or other hazardous physical agent into the atmosphere for
the purposes of geoengineering, the commissioner shall issue a notice to an
appropriate federal representative indicating that the activity cannot be
lawfully carried out in or over the State of New Jersey.
���� 3.� a.� The department shall
establish a program to encourage members of the public to monitor, measure,
document, and report incidents that may constitute geoengineering activities in
violation of the provisions of this act. The program shall, at a minimum, allow
members of the public to submit photographs, audio recordings, video
recordings, precipitation analysis reports, images created through microscopy,
spectrometry reports, and other appropriate forms of evidence to the
department.
���� b.� The department shall
promptly investigate any credible reports received pursuant to this section,
which indicate that a violation of the provisions of this act have occurred.
���� 4.� a.� A person who violates
the provisions of this act shall be liable to a civil administrative penalty of
up to $10,000 for the first offense, up to $25,000 for the second offense, and
up to $50,000 for the third and each subsequent offense. Each day in which a
violation occurs shall be considered a separate offense.� The department shall
enforce the provisions of this act and the rules and regulations adopted
pursuant thereto.
���� b. No civil administrative
penalty pursuant to subsection a. of this section shall be imposed until after
the suspected violator has been notified of the alleged violation by certified
mail or personal service. The notice shall include:
���� (1) a reference to the section
of the statute, regulation, order, or condition alleged to have been violated;
���� (2) a concise statement of the
facts alleged to constitute a violation;
���� (3) a statement of the amount
of the civil administrative penalty that may be imposed; and
���� (4) a statement of the right
of the person to a hearing.
���� c.� (1) A person served with
notice pursuant to subsection c. of this section shall have 20 days after the
receipt of the notice to request in writing a hearing before the department.
The department may retain the matter for a hearing before the committee or
transmit the matter to the Office of Administrative Law in accordance with the
provisions of the �Administrative Procedure Act�, P.L.1968, c.410 (C.52:14B-1
et seq.).
���� (2) If the hearing is
conducted by the department, the hearing shall be conducted in accordance with
relevant provisions of the �Administrative Procedure Act�, P.L.1968, c.410
(C.52:14B-1 et seq.) and regulations adopted pursuant thereto.� After the
hearing, if the department finds that a violation has occurred, the department
may issue a final order assessing the amount of the civil administrative
penalty set forth in the notice, if applicable.
���� (3) If no hearing is
requested, then the notice shall become a final order 20 days after the date
upon which the notice was served. Payment of the civil administrative penalty
shall be due, and duration of the suspension, if any, shall begin, on the date
when a final order is issued or the notice becomes a final order.
���� 5.� No later than 18 months
after the date of enactment of this act, the department shall adopt rules and
regulations, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), to implement the provisions of this act.
���� 6.��� This act shall take
effect immediately.
STATEMENT
���� This bill would prohibit
persons, including private and public entities, from releasing a hazardous
chemical or other hazardous physical agent into the atmosphere for the purposes
of geoengineering.� A person who violates this prohibition would be liable to a
civil administrative penalty of up to $10,000 for a first offense, under the
bill.
���� As defined in the bill:� �geoengineering�
means the intentional manipulation of the environment, through use of a
chemical or other physical agent, which is effectuated with the intention of
bringing about changes to Earth�s atmospheric or surface conditions, including
weather modification, aerosol injection, chaff dispersal, or cloud seeding
activities; and �hazardous� means that a chemical or other physical agent is
naturally harmful to living organisms, to property, or to another interest of
value.
���� The bill would also require
the Commissioner of Environmental Protection to send a notice to an appropriate
representative of the federal government, if a federal entity engages in the
geoengineering activities prohibited by the bill in or over New Jersey.� In
addition, the bill would require the Department of Environmental Protection
(DEP) to establish a program to encourage members of the public to monitor and
report geoengineering activities that violate the bill�s provisions.� Finally,
the bill would require the DEP to enforce the bill�s provisions, and to adopt
rules and regulations to implement the bill�s provisions no later than 18
months after the bill�s enactment.