Air Pollution

Plain English Breakdown

The bill did not pass in its current session.

Tennessee Weather Modification Regulations

This bill amends Tennessee's laws regarding weather modification by adding new rules for state agencies studying emergency mitigation and increasing penalties for illegal weather modification activities.

What This Bill Does

• Specifies that state agencies responsible for weather modification are included in those required to study emergency mitigation-related matters.
• Makes it an offense to supply chemicals or equipment needed for weather modification if the supplier knows they will be used improperly.
• Increases penalties for violating weather modification laws from a Class C misdemeanor to a Class A misdemeanor and adds fines up to $100,000 per violation.
• Authorizes the attorney general and local district attorneys to investigate credible reports of violations or harmful consequences related to emergency situations.

Who It Names or Affects

• State agencies involved in weather modification
• People who supply chemicals or equipment for weather modification
• The Attorney General and local district attorneys

Terms To Know

Weather Modification

Intentional actions to change temperature, weather conditions, or sunlight intensity using chemicals or other means.

Emergency Mitigation

Actions taken to reduce the harmful effects of emergencies such as floods, fires, and storms.

Limits and Unknowns

• The bill did not pass in its current session.
• It applies only within Tennessee's borders.
• Specific enforcement details are left to state agencies and local authorities.

Official Summary Text

Present law requires
the governor
to
consider, on a continuing basis, steps that could be taken to mitigate the harmful consequences of emergencies.

At the
governor's direction, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, pu
b
lic works, land use and land use planning, and construction standards,
are required to study
emergency mitigation-related matters.

The governor
is further required to
make
periodic
recommendations to the general assembly, local governments, and other appr
opriate public and private entities
to
facilitate measures for mitigation of the harmful consequences of emergencies.

This bill specifies that for purposes of identifying state agencies that are required to study
emergency mitigation-related matters
, s
tate agencies charged with responsibilities in connection with weather modification includes state agencies charged with responsibilities in connection with
the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds,
substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight
.

Present law prohibits t
he intentional injection, release, or dispersion, by any me
ans, of chemicals, chemical compounds, substances, or apparatus within the borders of this state into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of the sunlight
. A violation of such prohibition is a Class C
misdemeanor punishable by a fine of up to $10,000 per day per violation. A prosecution may not be initiated unless approved by the
air pollution control board, the commissioner
of environment and conservation
, or a local pollution control program
.

This
bill adds that it is an offense to s
upply or otherwise provide a person with the chemicals, chemical compounds, substances, or apparatus required for the conduct
prohibited under present law
if the supplier or provider knows or has reason to believe that
the chemicals, chemical compounds, substances, or apparatus will be used for such conduct.

This bill adds a separate enforcement mechanism by authorizing the
attorney general and reporter and local district attorneys
to
investigate a
credible
report of
a
violation or
th
e occurrence of a harmful consequence of an emergency
i
f the attorney general and reporter or local district attorney reasonably believes that weather modification has or might have taken place.
This bill increases the penalty for violatio
ns to a
Class A misdemeanor
and requires the department of environment and conservation to fine a violator
$100,000 per violation.

Current Bill Text

HOUSE BILL 1112
By Fritts

SENATE BILL 1033
By Bowling

SB1033
002686
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 58,
Chapter 2 and Title 68, Chapter 201, relative to
weather modification.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-116(a), is amended by deleting
the second sentence and substituting:
At the governor's direction, state agencies, including, those charged with responsibilities
in connection with flood plain management; stream encroachment and flow regulation;
weather modification, including the intentional injection, release, or dispersion, by any
means, of chemicals, chemical compounds, substances, or apparatus within the borders
of this state into the atmosphere with the express purpose of affecting temperature,
weather, or the intensity of the sunlight; fire prevention and control; air quality; public
works; land use and land use planning; and construction standards, shall make studies
of emergency mitigation-related matters.
SECTION 2. Tennessee Code Annotated, Section 68-201-122, is amended by deleting
the section and substituting:
(a) It is an offense to:
(1) Intentionally inject, release, or disperse, by any means, chemicals,
chemical compounds, substances, or apparatus within the borders of this state
into the atmosphere with the express purpose of affecting temperature, weather,
or the intensity of the sunlight; or
(2) Supply or otherwise provide a person with the chemicals, chemical
compounds, substances, or apparatus required for the conduct described in

- 2 - 002686

subdivision (a)(1) if the supplier or provider knows or has reason to believe that
the chemicals, chemical compounds, substances, or apparatus will be used for
such conduct.
(b) The attorney general and reporter and local district attorneys may investigate
a report of:
(1) A violation of subsection (a) if the report is deemed credible by a state
agency charged with responsibilities as described in § 58-2-116(a); or
(2) The occurrence of a harmful consequence of an emergency, as
described in § 58-2-116, if the attorney general and reporter or local district
attorney reasonably believes that weather modification has or might have taken
place.
(c)
(1) Notwithstanding § 68-201-112, a violation of subsection (a) is a Class
A misdemeanor.
(2) In addition to the penalty described in subdivision (c)(1), if the
department determines that a person violated subsection (a), then the
department shall assess a fine of one hundred thousand dollars ($100,000) per
violation. For purposes of determining the applicable penalty under this
subdivision (c)(2), each instance of injecting, releasing, or dispersing chemicals,
chemical compounds, substances, or apparatus for the purposes described in
subdivision (a)(1), and each instance of supplying or otherwise providing the
chemicals, chemical compounds, substances, or apparatus in violation of
subdivision (a)(2), is a separate violation.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to conduct occurring on or after that date.