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Bill Summary · SB 485

SB 485 — "Prohibit Geoengineering" (Introduced Feb 19, 2025)

Status: Passed 1st Reading (sponsor(s): Senators Settle, Moffitt, Hise)

Summary / Purpose

SB 485 would make it unlawful in the State to intentionally release into the atmosphere any substances or use certain technologies for the primary purpose of altering temperature, weather, or sunlight intensity — commonly described as geoengineering. The bill expressly targets activities such as stratospheric aerosol injection (SAI), cloud seeding, and electromagnetic radio‑frequency or microwave emissions intended to modify atmospheric conditions.

Key provisions

  • Adds a new statutory definition of "atmospheric modification" to G.S. 143‑213 that includes:
    • Stratospheric aerosol injection (SAI)
    • Cloud seeding
    • Electromagnetic radio‑frequency or microwave radiation emissions
    • Other atmospheric polluting activities that affect temperature, weather, sunlight intensity, environment, agriculture, wildlife, human health and safety, aviation, state security, or the State economy.
  • Amends G.S. 143‑215.108(a) to prohibit any person from intentionally injecting, releasing, or dispersing chemicals, compounds, substances, or apparatus into the State’s atmosphere when the sole and intentional purpose is atmospheric modification.
  • Exempts licensed aerial pesticide application under Article 52 (i.e., pesticide application by aircraft licensed by the Pesticide Board) from the definition of atmospheric modification.
  • Directs the Environmental Management Commission (EMC) to adopt rules necessary to implement the law.
  • Effective upon becoming law.

Who would be affected

  • Private actors and firms proposing or conducting geoengineering activities (e.g., companies proposing SAI or non‑permitted cloud seeding within State borders).
  • Researchers, universities, and nongovernmental organizations proposing in‑State atmospheric experiments intended to modify climate/weather.
  • State agencies (EMC, Pesticide Board) tasked with rulemaking and oversight.
  • Aviation operators and meteorological services involved in cloud seeding or related atmospheric operations.
  • Industries and sectors identified in the definition (agriculture, wildlife management, public health, aviation, state security, economy) potentially affected by restrictions.

Implementation & timeline

  • EMC must adopt implementing rules — timing and content depend on EMC rulemaking schedule after enactment.
  • Bill is effective immediately upon becoming law.
  • Current status (per user info): introduced Feb 19, 2025; passed first reading.

Significant considerations

  • The bill bans in‑State intentional atmospheric modification but does not specify civil or criminal penalties in the provision excerpted; enforcement mechanisms may rely on existing statutory frameworks or EMC rules to be developed.
  • Activities that cross state or federal airspace, or involve federal actors/agencies, may raise issues of federal preemption or require coordination with federal authorities (e.g., FAA, EPA, NOAA, DOD). The bill does not address interplay with federal law or interstate activities.
  • The Pesticide Board‑licensed aerial pesticide application is explicitly excluded; other research or emergency response activities are not expressly exempted.

For legal or operational advice about specific projects or obligations under SB 485, stakeholders should consult counsel and monitor EMC rulemaking once the bill advances.

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

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