Indiana 2025 2025 Regular Session

Indiana House Bill HB1335 Introduced / Bill

Filed 01/10/2025

                     
Introduced Version
HOUSE BILL No. 1335
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 13-17-16; IC 13-30-10-1.5.
Synopsis:  Weather control. Prohibits a person who has the intent of
affecting the intensity of sunlight, temperature, or weather from
discharging a chemical or apparatus into the atmosphere, except in
certain circumstances. Establishes that a violation is a Class B
misdemeanor.
Effective:  July 1, 2025.
Sweet, Patterson
January 13, 2025, read first time and referred to Committee on Environmental Affairs.
2025	IN 1335—LS 6421/DI 153 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1335
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-17-16 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 16. Weather Control
5 Sec. 1. This chapter does not apply to a person who operates a
6 misting device or other temperature regulation device to warm or
7 cool individuals on the same premises as the device.
8 Sec. 2. A person may not, with the intent of affecting the
9 intensity of sunlight, temperature, or weather, discharge a
10 chemical or apparatus into the atmosphere.
11 SECTION 2. IC 13-30-10-1.5, AS AMENDED BY P.L.181-2018,
12 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 1.5. (a) Except as provided in subsection (b), a
14 person regulated under IC 13-22 who knowingly:
15 (1) transports hazardous waste to an unpermitted facility;
16 (2) treats, stores, or disposes of hazardous waste without a permit
17 issued by the department under IC 13-22; or
2025	IN 1335—LS 6421/DI 153 2
1 (3) transports, treats, stores, disposes, recycles, or causes to be
2 transported used oil regulated under rules adopted by the board
3 without a manifest or in violation of the standards established by
4 the department for the management of used oil;
5 commits a Class B misdemeanor.
6 (b) Notwithstanding the maximum fine provisions of IC 35-50-3-3,
7 criminal fines for a person convicted of an offense described in
8 subsection (a) shall be assessable in a maximum amount of not less
9 than ten thousand dollars ($10,000) per day per violation.
10 (c) Except as provided in subsection (d), a person regulated under
11 IC 13-17 who knowingly violates:
12 (1) any applicable requirements of IC 13-17-4, IC 13-17-5,
13 IC 13-17-6, IC 13-17-7, IC 13-17-8, IC 13-17-9, IC 13-17-10, or
14 IC 13-17-13 or of rules of the board implementing the chapters
15 referred to in this subdivision;
16 (2) any condition of a permit issued by the department under
17 IC 13-17; or
18 (3) any fee or filing requirement in IC 13-17, including the
19 requirement to file an application for a permit under IC 13-17;
20 commits a Class C misdemeanor.
21 (d) Notwithstanding the maximum fine provisions of IC 35-50-3-4,
22 criminal fines for a person convicted of an offense described in
23 subsection (c) shall be assessable in a maximum amount of not less
24 than ten thousand dollars ($10,000) per day per violation.
25 (e) Except as provided in subsection (f), a person who willfully or
26 negligently violates:
27 (1) any applicable standards or limitations of IC 13-18-3-2.4,
28 IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or
29 IC 13-18-16 or of rules of the board implementing the chapters
30 referred to in this subdivision;
31 (2) any condition of a National Pollutant Discharge Elimination
32 System permit issued by the department under IC 13-18-19 or
33 rules adopted by the board under IC 13-18-19;
34 (3) any National Pollutant Discharge Elimination System Permit
35 filing requirement under IC 13-18-19; or
36 (4) any condition of a permit issued by the department in
37 accordance with the requirements of 33 U.S.C. 1344;
38 commits a Class A misdemeanor.
39 (f) Notwithstanding the maximum fine provisions of IC 35-50-3-2,
40 criminal fines for a person convicted of an offense described in
41 subsection (e) shall be assessable in a maximum amount of not less
42 than ten thousand dollars ($10,000) per day per violation.
2025	IN 1335—LS 6421/DI 153 3
1 (g) A person who willfully or recklessly violates any applicable
2 standards or limitations of IC 13-18-8 commits a Class B misdemeanor.
3 (h) A person who willfully or recklessly violates any applicable
4 standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5
5 commits a Class C misdemeanor.
6 (i) A person who:
7 (1) knowingly commits any act described in subsection (a), (c), or
8 (e); and
9 (2) knows that commission of the act places another person in
10 imminent danger of death or serious bodily injury;
11 commits a Level 4 felony. However, the offense is a Level 3 felony if
12 it results in serious bodily injury to any person, and a Level 2 felony if
13 it results in the death of any person.
14 (j) It shall be a defense to an offense described in subsection (i) that
15 the person charged:
16 (1) did not know; or
17 (2) could not reasonably have been expected to know;
18 that the violation would place another person in imminent danger or
19 threat of serious bodily injury. For the purposes of subsection (i), a
20 person is responsible only for the person's own actual awareness or
21 actual belief, and knowledge by another person may not be attributed
22 to the person.
23 (k) A person who violates IC 13-17-16-2 commits a Class B
24 misdemeanor.
25 (k) (l) The penalties under this section apply regardless of whether
26 a person uses electronic submissions or paper documents to accomplish
27 the actions described in this section.
2025	IN 1335—LS 6421/DI 153