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S08529 Summary:

BILL NOS08529A
 
SAME ASNo Same As
 
SPONSORWEIK
 
COSPNSR
 
MLTSPNSR
 
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.
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S08529 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8529--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 15, 2025
                                       ___________
 
        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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.
                                                                   LBD09287-02-5

        S. 8529--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.
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