Clean Air and Geoengineering Prohibition Act.

26LSO-0211
2026
STATE OF WYOMING
26LSO-0211
Numbered
2.0

HOUSE BILL NO. HB0012

Clean Air and Geoengineering Prohibition Act.

Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee

A BILL

for

AN ACT relating to environmental quality; prohibiting the release of atmospheric contaminants into the airspace above Wyoming as specified; providing legislative findings; providing definitions; authorizing the director of the department of environmental quality to monitor compliance with this act and issue cease and desist orders as specified; prohibiting retaliation against persons who report violations of this act; providing criminal penalties; providing positions; providing appropriations; requiring rulemaking; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
11
‑
2201 through 35
‑
11
‑
2204 are created to read:

ARTICLE 22
WYOMING CLEAN AIR AND GEOENGINEERING PROHIBITION ACT

35
‑
11
‑
2201.

Short title.

This act shall be known and may be cited as the "Wyoming Clean Air and Geoengineering Prohibition Act."

35
‑
11
‑
2202.

Legislative findings.

(a)

The legislature finds and declares:

(i)

Federal agencies, international bodies, corporations and research institutions have proposed, studied or in some cases undertaken atmospheric modification experiments intended to alter weather, temperature or solar radiation;

(ii)

The risks to human health, agriculture, wildlife and environmental safety from atmospheric modification experiments and other atmospheric interventions are not well understood and may have harmful consequences;

(iii)

It is the constitutional duty of state government to safeguard public health, defend private property, protect agricultural integrity and assert state sovereignty over activities conducted within its borders and above its skies under the tenth amendment of the United States constitution;

(iv)

It is the intent of the legislature to prohibit atmospheric modification experiments, protect public health and ensure that the Wyoming department of environmental quality is empowered to monitor and enforce air quality protections.

35
‑
11
‑
2203.

Definitions.

(a)

As used in this act:

(i)

"Atmospheric contaminant" means any substance intentionally released into the atmosphere for the purpose of altering climate, weather or solar radiation, including but not limited to sulfates, smart dust, perflouroalkyl and polyfluoroalkyl substances, genetically modified particles, chaff or radioactive materials. "Atmospheric contaminant" shall not mean exhaust from standard aviation using fuels permitted by law, emissions from agricultural or forestry operations permitted by law, fire suppression agents, cloud seeding agents or naturally occurring atmospheric particulates;

(ii)

"Geoengineering" means the deliberate large
‑
scale manipulation of environmental processes to affect climate conditions;

(iii)

"Solar radiation management" means experimental techniques designed to reduce the amount of sunlight reaching the earth's surface through reflective particles or other methods;

(iv)

"Stratospheric aerosol injection" means the release of reflective aerosols into the stratosphere by aircraft, balloons or other means;

(v)

"Weather modification" means any action intended to change or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature or other atmospheric conditions. "Weather modification" shall not include cloud seeding;

(vi)

"This act" means W.S. 35
‑
11
‑
2201 through 35
‑
11
‑
2204.

35
‑
11
‑
2204.

Atmospheric engineering prohibited; exemptions; enforcement; penalties.

(a)

No person shall intentionally inject, release or disperse by any means any atmospheric contaminant within Wyoming or the airspace above Wyoming for the purpose of altering climate, weather or solar radiation.

(b)

Prohibited activities under this section include, but are not limited to:

(i)

Solar radiation management;

(ii)

Stratospheric aerosol injection;

(iii)

Weather modification;

(iv)

Atmospheric polluting interventions, including dispersal of atmospheric contaminants.

(c)

Nothing in this act shall be construed to prohibit or restrict:

(i)

Commercial aviation or satellite operations;

(ii)

Weather observation and forecasting;

(iii)

Agricultural chemical application conducted pursuant to law;

(iv)

Fire suppression, including the aerial application of fire retardants or water for wildfire management;

(v)

Snowmaking activities that are authorized under a lawfully permitted water right;

(vi)

Cloud seeding authorized by law;

(vii)

Lawful activities expressly authorized by state environmental laws.

(d)

No person shall employ aircraft, drones, balloons, rockets, artillery, space
‑
based platforms or ground
‑
based facilities for the intentional release or dispersal of atmospheric contaminants. This prohibition shall not apply to aviation, space or ground activities unrelated to geoengineering, weather modification or solar radiation management, including commercial, agricultural, research, cloud seeding, defense or emergency operations permitted by state law.

(e)

The director of the department of environmental quality shall:

(i)

Study whether the atmospheric contaminants listed in this act pose a threat to human and environmental health or safety;

(ii)

Monitor all aircraft, drones, balloons or rockets that enter the state's airspace to determine whether atmospheric contaminants are being dispersed;

(iii)

Monitor all space
‑
based platforms above the state and ground
‑
based facilities within the state to determine whether atmospheric contaminants are being dispersed;

(iv)

Petition a court of competent jurisdiction to issue a cease and desist order upon discovery of any prohibited activity under this act.

(f)

The director of the department of environmental quality shall notify the federal government, other states or international entities who are committing prohibited activities under this act and assert that those activities are unlawful within Wyoming pursuant to this act and the tenth amendment to the United States constitution.

(g)

No person shall retaliate against, harass, discipline or discriminate against any person on the basis that the person reported or provided evidence of a suspected violation of this act. Reports made in good faith shall not be considered defamatory, frivolous or retaliatory.

(h)

Notwithstanding W.S. 35
‑
11
‑
901, any person who violates this act:

(i)

For a first offense, commits a felony punishable by imprisonment for not more than two (2) years, a fine of not less than one hundred thousand dollars ($100,000.00) and not more than five hundred thousand dollars ($500,000.00), or both; or

(ii)

For a second or subsequent offense, commits a felony punishable by imprisonment for not more than five (5) years, a fine of not less than five hundred thousand dollars ($500,000.00), or both. Each day where prohibited activity is conducted constitutes a separate offense.

Section 2.

W.S. 9
‑
1
‑
905(a)(ii) and (iii), 9
‑
1
‑
906, 9
‑
1
‑
907(a) and (d), 9
‑
1
‑
908 and 9
‑
1
‑
909 are amended to read:

9
‑
1
‑
905.

Cloud seeding; legislative declarations.

(a)

It is hereby declared that:

(ii)

Although little is known regarding artificial weather modification, research and experimentation
regarding cloud seeding
shall be encouraged;

(iii)

Although the ultimate use of
modification
cloud seeding
methods is speculative, the application of such methods should have proper safeguards and provide sufficient data to protect life, property and public interest.

9
‑
1
‑
906.

Duty of state engineer to gather information relative to cloud seeding in state.

The state engineer shall procure, compile and evaluate information relative to
weather modification
cloud seeding
experiments and activities within the state boundaries.
The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.

9
‑
1
‑
907.

Cloud seeding; permit required; issuance; duration; fee; report of activities; penalties for noncompliance.

(a)

It is unlawful for anyone to engage in
weather modification
cloud seeding
activities except by permit prescribed and issued by the state engineer.

(d)

Any person engaging in a
weather modification
cloud seeding

experiment without a permit is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment for not more than ninety (90) days.

9
‑
1
‑
908.

Cloud seeding; authority to receive and expend funds; purposes.

The state engineer is authorized to receive in the name of the state any funds offered or available from any source, and to expend such funds for the expenses of administering this act and for the encouragement of experimentation in
weather modification
cloud seeding
by the University of Wyoming or any other appropriate state or public agency, either by direct grant, by contract or other cooperative means.

9
‑
1
‑
909.

Cloud seeding; state not liable for activities of private persons or groups.

Nothing in W.S. 9
‑
1
‑
905 through 9
‑
1
‑
909 shall be construed to impose or accept any liability or responsibility on the part of the state, the board, or any state officials or employees, for any weather modification
or cloud seeding
activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private persons or groups.

Section 3.

(a)

The department of environmental quality is authorized up to two (2) full
‑
time positions for the period beginning July 1, 2026 and ending June 30, 2028 for the purposes of implementing this act. It is the intent of the legislature that the department of environmental quality include these full
‑
time positions in its standard budget for the immediately succeeding fiscal biennium.

(b)

There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the department of environmental quality to be expended only for the purpose of funding the positions authorized in subsection (a) of this section. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2028. It is the intent of the legislature that this appropriation be included in the standard budget for the department of environmental quality for the immediately succeeding fiscal biennium.

Section 4
.

The department of environmental quality shall promulgate all rules necessary to implement this act.

Section 5
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0012