HB 1112

Present law requires the governor to consider, on a continuing basis, steps that could be taken to mitigate the harmful consequences of emergencies. At the governor's direction, state agencies, including, but not limited to, those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, pu b lic works, land use and land use planning, and construction standards, are required to study emergency mitigation-related matters. The governor is further required to make periodic recommendations to the general assembly, local governments, and other appr opriate public and private entities to facilitate measures for mitigation of the harmful consequences of emergencies. This bill specifies that for purposes of identifying state agencies that are required to study emergency mitigation-related matters , s tate agencies charged with responsibilities in connection with weather modification includes state agencies charged with responsibilities in connection with 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 the sunlight . Present law prohibits t he intentional injection, release, or dispersion, by any me ans, 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 the sunlight . A violation of such prohibition is a Class C misdemeanor punishable by a fine of up to $10,000 per day per violation. A prosecution may not be initiated unless approved by the air pollution control board, the commissioner of environment and conservation , or a local pollution control program . This bill adds that it is an offense to s upply or otherwise provide a person with the chemicals, chemical compounds, substances, or apparatus required for the conduct prohibited under present law if the supplier or provider knows or has reason to believe that the chemicals, chemical compounds, substances, or apparatus will be used for such conduct. This bill adds a separate enforcement mechanism by authorizing the attorney general and reporter and local district attorneys to investigate a credible report of a violation or th e occurrence of a harmful consequence of an emergency i f the attorney general and reporter or local district attorney reasonably believes that weather modification has or might have taken place. This bill increases the penalty for violatio ns to a Class A misdemeanor and requires the department of environment and conservation to fine a violator $100,000 per violation.