A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CLEAN AIR ACT" BY AMENDING SECTION 48-1-110, RELATING IN PART TO UNLAWFUL DISCHARGES OF AIR CONTAMINANTS, SO AS TO PROHIBIT THE INTENTIONAL EMISSION OF ANY AIR CONTAMINANT WHOSE PURPOSE IS TO AFFECT TEMPERATURE, WEATHER, OR SUNLIGHT INTENSITY; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO TAKE CERTAIN ACTIONS, AND FOR OTHER PURPOSES.
H4010, titled the "South Carolina Clean Air Act," would amend South Carolina’s air pollution law to make it unlawful for any person to intentionally inject, release, or disperse chemicals, chemical compounds, substances, or related apparatus into the atmosphere within the state for the express purpose of affecting temperature, weather, storm intensity, or sunlight intensity. The bill frames this as a prohibition on geoengineering or weather modification activities and specifically references aerosol injection and manipulation of weather systems.
The bill also directs the Department of Environmental Services to provide public information about the alleged harmful effects of atmospheric chemical releases on health and property, and it states that records related to stratospheric aerosol injection or other prohibited conduct may not be withheld under the state Freedom of Information Act. The measure includes exceptions for cloud seeding done under a publicly approved contract and for lawful crop dusting, and it would take effect upon the Governor’s approval.
If enacted, H4010 would expand South Carolina’s environmental code by adding a specific prohibition on intentional atmospheric releases aimed at changing weather, temperature, or sunlight, while preserving existing lawful activities such as approved cloud seeding and crop dusting. It would also impose a public-information duty on the Department of Environmental Services and limit the use of FOIA exemptions for records tied to the prohibited conduct, affecting both state agencies and any individuals or entities engaged in weather modification, aerial application, or related atmospheric activities.
The bill text reflects a strongly precautionary and protective posture toward public health, property, and environmental welfare, and the available context shows no recorded committee debate or votes to indicate opposition or support. Based on the language alone, the measure is presented as a public-safety and transparency bill rather than a regulatory expansion for its own sake, with an emphasis on preventing harmful geoengineering practices while allowing authorized activities.
The main points of contention are likely to be the scope and scientific basis of the prohibition, especially the bill’s references to geoengineering, aerosol injection, and weather manipulation, which may be viewed by critics as broad or difficult to enforce. Another likely issue is the carve-out for publicly approved cloud seeding and lawful crop dusting, which suggests lawmakers are trying to distinguish prohibited weather modification from accepted agricultural or weather-related practices. The FOIA language could also be contentious because it directs disclosure of records and limits exemptions for certain materials, raising questions about agency burdens and the handling of technical or sensitive information.