Add §§19-0330 & 71-2114, amd §71-2105, En Con L; amd §99-rr, St Fin L
Prohibits 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 sunlight; provides the department will establish a reporting process for violations; provides penalties for such violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5476A
SPONSOR: DiPietro TITLE OF BILL:
An act to amend the environmental conservation law and the state finance
law, in relation to prohibiting the release of certain chemical
compounds into the atmosphere
PURPOSE OR GENERAL IDEA OF BILL:
To amend the environmental conservation law and the state finance law,
in relation to prohibiting the release of certain chemical compounds
into the atmosphere.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 19-0330 prohibiting the intentional
injection, release or dispersion of chemicals, compounds, substances or
apparatus into the atmosphere for the purpose of affecting temperature,
weather or sunlight intensity. Establishes public reporting procedures,
including an online form and e-mail address; requires departmental
Intake, screening and investigation of reports; authorizes interagency
assistance; requires monthly reports from operators of public infras-
tructure identifying any aircraft that may be equipped or configured for
geoengineering or weather modification; and directs the department to
adopt necessary rules and regulations.
Section 2 adds section 71-2114 creating criminal penalties for
violations of section 19-0330. Any person or corporation conducting
prohibited activities is guilty of a class E felony, including applica-
ble corporate officers, directors or employees. Aircraft operators or
controllers are subject to a class E felony, a fine up to five thousand
dollars and imprisonment up to five years. Fines are deposited into the
air quality improvement fund.
Section 3 amends section 71-2105 to reference the new section 71-2114.
Section 4 amends section 99-rr of the state finance law to add fines
collected under section 71-2114 to the air quality improvement fund.
Section 5 sets the effective date as immediate upon enactment.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
This legislation is necessary to protect public health, the environment,
and the integrity of the state's climate systems. Certain chemical
compounds, when deliberately released into the atmosphere to alter
temperature, weather patterns, or sunlight intensity, pose significant
risks, including environmental disruption and potential harm to ecosys-
tems and human health. By prohibiting these practices, creating report-
ing and investigation procedures, and establishing criminal penalties,
the state provides clear legal boundaries, supports enforcement agencies
and promotes broader environmental protection objectives.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Potential increase in revenue to the air quality Improvement fund from
fines collected under section 712114.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5476--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law and the state finance
law, in relation to prohibiting the release of certain chemical
compounds into the atmosphere
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 19-0330 to read as follows:
3 § 19-0330. Release of certain chemical compounds prohibited.
4 1. The intentional injection, release or dispersion, by any means, of
5 chemicals, chemical compounds, substances or apparatus within the
6 borders of this state into the atmosphere with the express purpose of
7 affecting temperature, weather or the intensity of sunlight is prohibit-
8 ed.
9 2. Any person who observes a geoengineering or weather modification
10 activity conducted in violation of this section may report such observed
11 violation to the department online or by telephone, mail, or e-mail.
12 (a) The department shall establish an e-mail address and an online
13 form for individuals to report observed violations of this section. The
14 department shall make the e-mail address and online form publicly acces-
15 sible on its website.
16 (b) The department shall establish a method for intake and screening
17 of the reports made pursuant to this section. The department shall
18 investigate any report that warrants further review to determine whether
19 a violation of this section occurred.
20 (c) The department may request assistance from the department of
21 health, the division of homeland security and emergency services, the
22 department of transportation, or any other appropriate agency.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09287-03-5
A. 5476--A 2
1 3. All operators of public infrastructure shall report monthly to the
2 department, using a method determined by the department. Such reports
3 shall identify any aircraft observed, recorded, or documented that may
4 be equipped, modified, or configured for geoengineering or weather
5 modification activities; including the aircraft's registration number,
6 type, date and time of observation, and the basis for such identifica-
7 tion.
8 4. The department shall adopt rules and regulations necessary to
9 implement this section.
10 § 2. The environmental conservation law is amended by adding a new
11 section 71-2114 to read as follows:
12 § 71-2114. Violations of section 19-0330 of article 19 of this chapter.
13 1. Any person, including any public or private corporation, who
14 conducts a geoengineering or weather modification activity in violation
15 of section 19-0330 of this chapter shall be guilty of a class E felony.
16 Where the violator of such section is a corporation, the officers,
17 directors, or employees of such corporation shall be guilty of a class E
18 felony. Each violation shall constitute a separate offense.
19 2. Where the violator of such section is an aircraft operator or
20 controller, such person shall be guilty of a class E felony, and upon
21 conviction thereof, shall be punished by a fine not exceeding five thou-
22 sand dollars and by a term of imprisonment not exceeding five years.
23 Each violation shall constitute a separate offense.
24 3. Any fines collected for violations of section 19-0330 of this chap-
25 ter shall be deposited into the air quality improvement fund, in accord-
26 ance with the provisions of section ninety-nine-rr of the state finance
27 law.
28 § 3. Subdivision 1 of section 71-2105 of the environmental conserva-
29 tion law, as amended by chapter 99 of the laws of 2010, is amended to
30 read as follows:
31 1. Except as provided in section 71-2113 and 71-2114 of this title,
32 any person who shall wilfully violate any of the provisions of article
33 19 of this chapter or any code, rule or regulation promulgated pursuant
34 thereto or any final determination or order of the commissioner made
35 pursuant to article 19 of this chapter shall be guilty of a misdemeanor,
36 and, upon conviction thereof, shall be punished by a fine, in the case
37 of a first conviction, of not less than five hundred dollars nor more
38 than eighteen thousand dollars or by imprisonment for a term of not more
39 than one year, or by both such fine and imprisonment, for each separate
40 violation. If the conviction is for an offense committed after the first
41 conviction of such person under this subdivision, such person shall be
42 punished by a fine not to exceed twenty-six thousand dollars, or by
43 imprisonment, or by both such fine and imprisonment. Each day on which
44 such violation occurs shall constitute a separate violation.
45 § 4. Subdivision 2 of section 99-rr of the state finance law, as added
46 by section 7 of part T of chapter 58 of the laws of 2024, is amended to
47 read as follows:
48 2. Such fund shall consist of revenues received by the state pursuant
49 to section 19-0328 of the environmental conservation law, fines
50 collected pursuant to subdivision three of section 71-2114 of the envi-
51 ronmental conservation law and all other moneys, appropriated, credited,
52 or transferred thereto from any other fund or source pursuant to law.
53 § 5. This act shall take effect immediately.
