Assembly Bill A5476

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5476--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee  on  Environmental  Conservation  --  committee  discharged,  bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 19-0330 to read as follows:
 § 19-0330. RELEASE OF CERTAIN CHEMICAL COMPOUNDS PROHIBITED.
   1. 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 IS PROHIBIT-
 ED.
   2.  ANY  PERSON  WHO OBSERVES A GEOENGINEERING OR WEATHER MODIFICATION
 ACTIVITY CONDUCTED IN VIOLATION OF THIS SECTION MAY REPORT SUCH OBSERVED
 VIOLATION TO THE DEPARTMENT ONLINE OR BY TELEPHONE, MAIL, OR E-MAIL.
   (A) THE DEPARTMENT SHALL ESTABLISH AN E-MAIL  ADDRESS  AND  AN  ONLINE
 FORM  FOR INDIVIDUALS TO REPORT OBSERVED VIOLATIONS OF THIS SECTION. THE
 DEPARTMENT SHALL MAKE THE E-MAIL ADDRESS AND ONLINE FORM PUBLICLY ACCES-
 SIBLE ON ITS WEBSITE.
   (B) THE DEPARTMENT SHALL ESTABLISH A METHOD FOR INTAKE  AND  SCREENING
 OF  THE  REPORTS  MADE  PURSUANT  TO  THIS SECTION. THE DEPARTMENT SHALL
 INVESTIGATE ANY REPORT THAT WARRANTS FURTHER REVIEW TO DETERMINE WHETHER
 A VIOLATION OF THIS SECTION OCCURRED.
   (C) THE DEPARTMENT MAY  REQUEST  ASSISTANCE  FROM  THE  DEPARTMENT  OF
 HEALTH,  THE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
 DEPARTMENT OF TRANSPORTATION, OR ANY OTHER APPROPRIATE AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09287-03-5
              

 A. 5476--A                          2
 
   3. ALL OPERATORS OF PUBLIC INFRASTRUCTURE SHALL REPORT MONTHLY TO  THE
 DEPARTMENT,  USING  A  METHOD DETERMINED BY THE DEPARTMENT. SUCH REPORTS
 SHALL IDENTIFY ANY AIRCRAFT OBSERVED, RECORDED, OR DOCUMENTED  THAT  MAY
 BE  EQUIPPED,  MODIFIED,  OR  CONFIGURED  FOR  GEOENGINEERING OR WEATHER
 MODIFICATION  ACTIVITIES;  INCLUDING THE AIRCRAFT'S REGISTRATION NUMBER,
 TYPE, DATE AND TIME OF OBSERVATION, AND THE BASIS FOR  SUCH  IDENTIFICA-
 TION.
   4.  THE  DEPARTMENT  SHALL  ADOPT  RULES  AND REGULATIONS NECESSARY TO
 IMPLEMENT THIS SECTION.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 71-2114 to read as follows:
 § 71-2114. VIOLATIONS OF SECTION 19-0330 OF ARTICLE 19 OF THIS CHAPTER.
   1.  ANY  PERSON,  INCLUDING  ANY  PUBLIC  OR  PRIVATE CORPORATION, WHO
 CONDUCTS A GEOENGINEERING OR WEATHER MODIFICATION ACTIVITY IN  VIOLATION
 OF  SECTION 19-0330 OF THIS CHAPTER SHALL BE GUILTY OF A CLASS E FELONY.
 WHERE THE VIOLATOR OF SUCH  SECTION  IS  A  CORPORATION,  THE  OFFICERS,
 DIRECTORS, OR EMPLOYEES OF SUCH CORPORATION SHALL BE GUILTY OF A CLASS E
 FELONY. EACH VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE.
   2.  WHERE  THE  VIOLATOR  OF  SUCH  SECTION IS AN AIRCRAFT OPERATOR OR
 CONTROLLER, SUCH PERSON SHALL BE GUILTY OF A CLASS E  FELONY,  AND  UPON
 CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT EXCEEDING FIVE THOU-
 SAND  DOLLARS  AND  BY  A TERM OF IMPRISONMENT NOT EXCEEDING FIVE YEARS.
 EACH VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE.
   3. ANY FINES COLLECTED FOR VIOLATIONS OF SECTION 19-0330 OF THIS CHAP-
 TER SHALL BE DEPOSITED INTO THE AIR QUALITY IMPROVEMENT FUND, IN ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION NINETY-NINE-RR OF THE STATE  FINANCE
 LAW.
   §  3.  Subdivision 1 of section 71-2105 of the environmental conserva-
 tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
 read as follows:
   1.  Except  as  provided in section 71-2113 AND 71-2114 OF THIS TITLE,
 any person who shall wilfully violate any of the provisions  of  article
 19  OF THIS CHAPTER or any code, rule or regulation promulgated pursuant
 thereto or any final determination or order  of  the  commissioner  made
 pursuant to article 19 OF THIS CHAPTER shall be guilty of a misdemeanor,
 and,  upon  conviction thereof, shall be punished by a fine, in the case
 of a first conviction, of not less than five hundred  dollars  nor  more
 than eighteen thousand dollars or by imprisonment for a term of not more
 than  one year, or by both such fine and imprisonment, for each separate
 violation. If the conviction is for an offense committed after the first
 conviction of such person under this subdivision, such person  shall  be
 punished  by  a  fine  not  to exceed twenty-six thousand dollars, or by
 imprisonment, or by both such fine and imprisonment. Each day  on  which
 such violation occurs shall constitute a separate violation.
   § 4. Subdivision 2 of section 99-rr of the state finance law, as added
 by  section 7 of part T of chapter 58 of the laws of 2024, is amended to
 read as follows:
   2. Such fund shall consist of revenues received by the state  pursuant
 to   section  19-0328  of  the  environmental  conservation  law,  FINES
 COLLECTED PURSUANT TO SUBDIVISION THREE OF SECTION 71-2114 OF THE  ENVI-
 RONMENTAL CONSERVATION LAW and all other moneys, appropriated, credited,
 or transferred thereto from any other fund or source pursuant to law.
   § 5. This act shall take effect immediately.