HB 2056 Initials DC Page 1 Regulatory Oversight ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session HB 2056: geoengineering; prohibition Sponsor: Representative Fink, LD 27 Committee on Regulatory Oversight Overview Prohibits intentionally manipulating the environment through weather modification, aerosol injection, cloud seeding or solar radiation modification. History Title 45, Chapter 9 (Weather Control and Cloud Modification) prohibits any person or public or private corporation, other than the federal or state government or their agencies, from conducting weather control or cloud modification operations or attempting to artificially produce rainfall without first obtaining a license from ADWR. An application for a license to conduct such operations must include all the information required by statute such as relevant names, addresses, scientific qualifications of all operating personnel and supervisors, areas to be served and dates of operations and evaluations that will be submitted. An applicant must pay a $100 fee to submit an application, which deposits into the Water Resources Fund. Statute requires any person or corporation that seeks to manufacture, sell or lease, or offers to sell or lease any equipment or supplies for weather control or cloud modification, to first obtain a license. The license application must contain similar information as the operations application. The license fee is $10 and deposits into the Water Resources Fund. Exceptions to the license requirements include the use and operation of equipment and supplies for agricultural purposes used by the owner, lessee or licensee of real property. Current law classifies as a class 3 misdemeanor any violation of failing to obtain a proper license, knowingly making a false statement to obtain a license, knowingly failing to file the necessary evaluations or reports, continuing to operate after revocation of a license or violating any other provision of this law. Provisions 1. Repeals and replaces existing statutes that prohibit a person or business from conducting any weather control or cloud modifications. (Sec. 2) 2. Stipulates that, regardless of any other law, a person cannot engage in geoengineering, which is a defined term. (Sec. 3) 3. Defines geoengineering as the intentional manipulation of the environment by polluting the earth's atmosphere or surface through weather modification, aerosol injection, cloud seeding or solar radiation modification. (Sec. 3) Page 2 4. Instructs the director of ADWR (Director) to investigate credible reports of geoengineering and to actively encourage the public to monitor, document and report the cases. (Sec. 3) 5. Outlines the individuals and entities affected by the bill: all Arizonans; government agencies; research projects; universities; organizations; and military forces. (Sec. 3) 6. States that persons who have gathered evidence of geoengineering must submit that information by email or in writing to the Director, a peace officer or public official, and details the duty of the receiving official to forward evidence of a suspected violation to the Director within 24 hours of its receipt. (Sec. 3) 7. Stipulates that within two hours of receiving a credible report of geoengineering, the Director must conduct emergency measures to determine if geoengineering occurred at the stated location. (Sec. 3) 8. Requires, regardless of approval by the federal government, the Director to issue a formal notice to any violator stating that geoengineering is prohibited in Arizona and to issue a Cease-and-Desist Order. (Sec. 3) 9. Directs any person receiving a Cease-and-Desist Order to cease activities noted by the Director until the person demonstrates the activity is lawful in Arizona. (Sec. 3) 10. Details the additional activities the Director must investigate when receiving credible reports of excessive electromagnetic radiation or fields resulting from human activity in any part of the electromagnetic spectrum, including radiofrequency, microwave, maser, infrared, laser and ionizing radiation as noted in the bill. (Sec. 3) 11. Requires the Director to post all relevant notices on the ADWR website. (Sec. 3) 12. Classifies a violation of these provisions as a class 4 felony subject to a civil penalty of $500,000 per violation. Each day of geoengineering is a separate violation. (Sec. 3) 13. Defines pertinent terms. (Sec. 3) 14. Includes a legislative findings section. (Sec. 4) 15. Contains technical and conforming changes. (Sec. 1)