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A 5246

Prohibits release of certain substances into atmosphere for purposes of geoengineering.

2026-2027 Regular Session Introduced by Dawn Fantasia

New Jersey bans releasing hazardous chemicals for geoengineering, with penalties, public reporting, and state enforcement to deter such activities.

Introduced, Referred to Assembly Environment and Solid Waste Committee
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Bill Summary · A 5246

Summary of Assembly Bill A-5246 (Session 222, New Jersey)

Purpose and intent

  • Prohibits the release of hazardous chemicals or other hazardous physical agents into the atmosphere for the purposes of geoengineering.
  • Geoengineering activities targeted include weather modification, aerosol injection, chaff dispersal, and cloud seeding.

Key definitions (as used in the bill)

  • Albedo: The fraction of incident radiation reflected by clouds or materials injected into the atmosphere.
  • Chaff: Aluminum-coated silica glass fibers dispersed in the atmosphere.
  • Cloud seeding: A weather modification technique to alter precipitation by creating cloud condensation nuclei or ice nuclei.
  • Geoengineering: Intentional manipulation of the environment to change Earth's atmospheric or surface conditions, including the above activities.
  • Hazardous: A chemical or agent that is harmful to living beings, property, or other valued interests.
  • Weather modification: Altering atmospheric characteristics such as clouds, precipitation, temperature, or albedo.

Provisions and requirements

1) Prohibition (Section 2)
- A-5246 bars any person, including private or public entities, from releasing a hazardous chemical or other hazardous agent into the atmosphere for geoengineering purposes.
- If a federal agency or branch of the armed forces conducts a geoengineering project involving such releases in or over New Jersey, the Commissioner of Environmental Protection (DEP) must issue a notice to an appropriate federal representative indicating the activity cannot be lawfully carried out in or over the state.

2) Public monitoring program (Section 3)
- The DEP must establish a program to encourage public participation in monitoring, measuring, documenting, and reporting potential geoengineering activities that violate the act.
- Acceptable evidence may include photographs, audio/video recordings, precipitation analyses, microscopy images, spectrometry reports, and other relevant data.
- The DEP must promptly investigate credible reports of violations.

3) Civil penalties and enforcement (Section 4)
- Violations carry civil administrative penalties:
- First offense: up to $10,000
- Second offense: up to $25,000
- Third and subsequent offenses: up to $50,000
- Each day of a continuing violation counts as a separate offense.
- Penalties require prior notice by certified mail or personal service, detailing the alleged violation, potential penalty, and right to a hearing.
- Hearings: The recipient may request a hearing within 20 days; hearings may be conducted by the DEP or forwarded to the Office of Administrative Law under the Administrative Procedure Act (APA). Final orders and penalties follow the APA process, with timing aligned to when notices become final orders.

4) Rulemaking timeline (Section 5)
- The DEP must adopt implementing rules and regulations no later than 18 months after enactment.

5) Effective date (Section 6)
- The act takes effect immediately upon enactment.

Administrative and procedural notes

  • The bill authorizes the DEP to notify federal representatives if federal geoengineering activities violate the prohibition in New Jersey.
  • The act imposes a structured penalty scheme and a formal hearing process, ensuring due process before penalties are assessed.
  • The 18-month rulemaking window provides time for the DEP to develop detailed regulations implementing enforcement, monitoring, and reporting mechanisms.

Potential impact

  • Creates a State-level prohibition on releasing hazardous substances into the atmosphere for geoengineering purposes, providing a legal basis to challenge or deter such activities within New Jersey.
  • Establishes public participation and reporting channels to enhance oversight and transparency.
  • Enables New Jersey to communicate with federal authorities when federal geoengineering activities conflict with state law.
  • Imposes meaningful financial penalties to deter violations and supports a formal administrative enforcement framework.
  • Requires regulatory development within 1.5 years, shaping how the prohibition is implemented and enforced.

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

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