Read the full stored bill text
26.192.23 101st Legislative Session 1181
2026 South Dakota Legislature
House Bill 1181
Introduced by: Representative Andera
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit weather and climate modification activities and provide a penalty 1
therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 34A-1: 4
There is created in the state treasury the weather and climate modification 5
monitoring fund. This fund consists of fines received pursuant to section 2 of this Act and 6
all other moneys designated for deposit in the fund. 7
The Department of Agriculture and Natural Resources shall administer the fund. 8
The purpose of the fund is to defray expenses associated with monitoring for prohibited 9
weather modification activities, investigating complaints, assessing civil penalties, and 10
monitoring for compliance. The department may use one -half of the moneys received 11
pursuant to section 2 of this Act to defray the expenses of activities associated with 12
administering sections 1 to 4, inclusive, of this Act. The department shall provide one-half 13
of the moneys received pursuant to section 2 of this Act to the Department of 14
Transportation to defray any expenses associated with administering sections 5 to 8, 15
inclusive, of this Act. 16
Interest on moneys credited to the fund must remain in the fund. 17
Expenditures from the fund must be budgeted through the general appropriation 18
bill. 19
Section 2. That a NEW SECTION be added to chapter 34A-1: 20
No person may inject, release, or disperse, by any means, any amount of a 21
chemical, a chemical compound, or a substance, which is known to cause negative health 22
impacts in toxic amounts, into the atmosphere, for the express purpose of modifying 23
atmosphere, intensity of sunlight, temperature, or weather. 24
26.192.23 2 1181
Underscores indicate new language.
Overstrikes indicate deleted language.
No person may inject, release, or disperse, by any means, any amount of aluminum 1
barium, chaff containing perfluoroalkyl and polyfluoroalkyl substances, strontium, or sulfur 2
dioxide, into the atmosphere for the express purpose of modifying atmosphere, intensity 3
of sunlight, temperature, or weather. 4
The department must assess a civil penalty of not less than one hundred thousand 5
dollars for a violation of this section, plus ten thousand dollars per day for each day the 6
violation continues. 7
The department shall deposit any moneys collected pursuant to this section in the 8
weather and climate modification monitoring fund created in section 1 of this Act. 9
Section 3. That a NEW SECTION be added to chapter 34A-1: 10
The department shall establish an online form for persons to use in reporting 11
suspected violations of section 2 of this Act. The form must allow persons to report the 12
following, if known: 13
(1) A business name; 14
(2) The address of the alleged perpetrator; 15
(3) Operating hours of the company; 16
(4) The name of the majority owner of the company; and 17
(5) A list of chemicals, chemical compounds, or substances dispersed by the company 18
into the atmosphere. 19
Section 4. That a NEW SECTION be added to chapter 34A-1: 20
The department shall promulgate rules, in accordance with chapter 1-26, to: 21
(1) Establish criteria for investigating possible violations of section 2 of this Act 22
observed directly by department personnel; 23
(2) Establish criteria for investigating reports of possible violations of section 2 of this 24
Act received: 25
(a) From individuals; or 26
(b) From airports that are required to file quarterly reports pursuant to section 27
5 of this Act; and 28
(3) Establish criteria for on-going compliance monitoring efforts. 29
Section 5. That a NEW SECTION be added to chapter 34A-1: 30
26.192.23 3 1181
Underscores indicate new language.
Overstrikes indicate deleted language.
The operator of any public airport approved under § 50-5-1, and the operator of 1
any private airport, shall report quarterly to the Department of Transportation, in the 2
manner directed by the department, the presence of any aircraft equipped with any 3
component, device, or part that is commonly used to support the dispersion, injection, 4
intentional emission, or release of air contaminants into the atmosphere for the express 5
purpose of modifying atmosphere, intensity of sunlight, temperature, or weather. 6
Aircraft equipped with aerial applicator equipment for use in applying herbicides or 7
pesticides are exempt from the reporting requirement in this section. 8
Section 6. That a NEW SECTION be added to chapter 34A-1: 9
The Department of Transportation shall forward any reports received in accordance 10
with section 5 of this Act to the Department of Agriculture and Natural Resources. The 11
Department of Agriculture and Natural Resources shall refer possible violations of section 12
2 of this Act to the law enforcement agency having jurisdiction over the area in which the 13
violations allegedly occurred. 14
Section 7. That a NEW SECTION be added to chapter 34A-1: 15
Beginning on July 1, 2026, the department shall incorporate the reporting 16
requirements required in section 5 of this Act in all grant agreements with public airports 17
in this state, in a manner that conforms to federal regulations for the state block grant 18
program for airports, as set forth in 49 U.S.C. § 47128 (January 1, 2026). 19
Section 8. That a NEW SECTION be added to chapter 34A-1: 20
The South Dakota Aeronautics Commission shall promulgate rules, in accordance 21
with chapter 1-26, to: 22
(1) Develop a reporting form for use in accordance with section 5 of this Act; 23
(2) Provide for the processing of reports received in accordance with section 5 of this 24
Act and the referral of reports to the Department of Agriculture and Natural 25
Resources; and 26
(3) Create a template for use in grant agreements with public airports, which includes 27
the reporting requirements set forth in section 5 of this Act. 28
Section 9. That a NEW SECTION be added to chapter 34A-1: 29
26.192.23 4 1181
Underscores indicate new language.
Overstrikes indicate deleted language.
Any business that has a facility or office in this state and intends to inject, release, 1
or disperse, from outside the borders of this state, any chemical, chemical compound, or 2
substance, to modify the atmosphere, intensity of sunlight, temperature, or weather, must 3
provide the Secretary of State with a list of any chemicals, chemical compounds, or 4
substances to be dispersed into the atmosphere. 5