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SB 2106

A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota Century Code, relating to weather modification operations in the state; to amend and reenact subsection 1 of section 37-17.1-11, and sections 58-03-07, 61-02.1-02.1, and 61-16.1-09 of the North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Todd Beard

Creates a new ND weather modification framework, classifies projects as public-interest funding, and authorizes up to $60M in bonds for projects, with local spending allowed.

Second reading, failed to pass, yeas 18 nays 29
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Bill Summary · SB 2106

Summary — SB 2106 (Sixty‑ninth Legislative Assembly, North Dakota)

Relating to weather modification operations in the state

Purpose / intent

SB 2106 would revise North Dakota law to (1) create a new statutory section on weather modification in chapter 61‑01, (2) consolidate and update existing weather‑modification authorities and funding, (3) authorize local and state funding and program responsibilities for weather modification projects, and (4) repeal older weather‑modification provisions. The stated aim is to clarify legal authority, funding, and governmental roles for weather modification as part of statewide water and disaster‑mitigation planning.

Key provisions (by statute amended/repealed)

  • Creates and enacts a new section in chapter 61‑01 (text not included in full in the source) establishing state law for weather modification operations.
  • Amends 37‑17.1‑11(1) (Governor’s mitigation duties) to require the governor to consider weather modification, among other measures, in ongoing disaster/emergency mitigation planning and to direct state agencies with related responsibilities to study mitigation measures.
  • Amends 58‑03‑07 (township powers) to add an express authorization for townships “to authorize the expenditure of township funds for weather modification activities.”
  • Amends 61‑02.1‑02.1 (statewide water development priorities / bond issuance) to explicitly include weather modification projects among projects declared to be in the public interest and eligible for funding; authorizes the State Water Commission to provide funds (including potential bond issuance up to $60 million plus issuance costs/reserves) for projects listed.
  • Amends 61‑16.1‑09 (powers of water resource boards) to align district water board powers with the revised statutory scheme (text truncated in provided material).
  • Repeals section 37‑17.1‑15 and chapter 61‑04.1 (existing weather‑modification provisions), effectively replacing or consolidating prior law.
  • Provides a penalty for noncompliance (specific penalty language not included in the supplied text).

Who would be affected

  • State agencies: Governor’s office, State Water Commission, agencies involved in floodplain/flow regulation, air quality, public works, and emergency management.
  • Local governments: townships (explicitly authorized to spend funds), water resource boards/districts.
  • Project proponents and operators of weather‑modification activities (permit/operational rules would be governed by the new/conforming provisions).
  • Residents, landowners, agricultural and water users in areas where weather‑modification projects occur (environmental, liability and public‑interest implications).

Funding / fiscal aspects

  • Weather modification is added to the list of public‑interest water projects eligible for state funding.
  • The State Water Commission may issue bonds in an amount not to exceed $60 million (plus costs) or use resources trust fund appropriations to fund projects.

Procedural status (as provided)

  • Introduced by Senator Beard; filed March 7, 2025.
  • Read first time March 24, 2025.
  • Status noted as: Second reading — failed to pass (yeas 18, nays 29).

Notes and caveats

  • The supplied document includes mixed content (an unrelated Illinois bill text was embedded). This summary focuses solely on the North Dakota SB 2106 weather‑modification provisions.
  • Full implementing language (the new chapter 61‑01 section, penalty details, permitting processes, environmental review, oversight mechanisms, and any rulemaking authority) was not provided in full; those details would determine regulatory, liability, and environmental impacts.

Compiled from official sources — confirm details with the bill’s official record.

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