SB 860

4680S.05C
  SENATE COMMITTEE SUBSTITUTE
  FOR
  SENATE BILL NO. 860
  AN ACT
  To amend chapter 640, RSMo, by adding thereto one new
  section relating to weather modification.
Be it enacted by the General Assembly of the State of Missouri, as follows:
  Section A. Chapter 640, RSMo, is amended by adding thereto
   one new section, to be known as section 640.870, to read as
   follows:
  640.870.    1. As used in this section, the following
   terms mean:
  (1) "Department", the Missouri department of natural
   resources;
  (2) "Weather modification", any activity performed
   with the intention of producing artificial changes to the
   composition, behavior, or dynamics of the atmosphere,
   including, but not limited to:
  (a) Dispersing substances into the air that serve as
   cloud condensation or ice nuclei, which alter the
   microphysical process within the cloud;
  (b) Dropping pollution or biological agents from any
   form of aircraft designed to alter the earth's atmosphere,
   manipulate the environment, or cause harm to food supply; or
  (c) The use of clouding seeding, meaning directing
   rainfall to a specific location by a process of injecting,
   releasing, or dispersing chemicals into the atmosphere.
  2. It shall be unlawful to use any form of weather
   modification in the state.
  3. Any individual or entity knowingly deploying any
   chemical into the atmosphere from ground or air shall
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disclose the contents of such chemical or chemicals to the
department in a format determined by the department.
    4. Any individual or entity deploying any chemical
into the atmosphere shall post a bond in an amount of twenty
five million dollars to cover damages, if any, to the
environment caused by the deployment of such chemical or
chemicals.
    5. Any individual may report violations of this
section to the department.    The department shall create
procedures to investigate every such report to determine
whether weather modification occurred.
    6. If the department finds that weather modification
occurred, the department shall commence a civil action in
the court of competent jurisdiction.    If the court finds
that a violation occurred, the court may grant damages,
injunctive relief, attorney fees, and any such other relief
the court finds appropriate.
    7. The department shall report any known instance of
weather modification to the administrator of the national
oceanic and atmospheric administration pursuant to 15 C.F.R.
Section 908.
    8. Nothing in this section shall be construed to
prevent the use of pesticides on any farming or ranching
operation in the state.
    9. The department shall promulgate rules to enforce
provisions of this section.    Any rule or portion of a rule,
as that term is defined in section 536.010, that is created
under the authority delegated in this section shall become
effective only if it complies with and is subject to all of
the provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
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date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28,
2026, shall be invalid and void.
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