Science, and transportation united states senate

82ar-1410. Same; appeals to district court. Any party who deems himself

aggrieved by any decision of the board may appeal to the district court as

provided in K.S.A. 60-2101. [L. 1974, ch. 321, § 10; July 1.]

82a-14H. Same ; permit ; application ; requirements ; financial responsibility.

(a) The director shall issue a weather modification permit to each person who:

(1) Applies in writing to the director for a permit in such form as the

director shall require ;

(2) Holds a valid weather modification license issued under this act;.

(3) Pays the permit fee, if applicable ;

(4) Files with the director proof of ability to respond in damages for

liability on account of accidents arising out of any weather modification

activities to be conducted by him in an amount of not less than fifty thousand

dollars ($50,000) because of bodily injury to or death of one person resulting

from any one accident and, subject to said limit for one person, in an amount

of not less than one hundred thousand dollars ($100,000) because of bodily

injury to or death of two or more persons resulting from any one ac-

cident, and in an amount of not less than one hundred thousand dollars

($100,000) because of injury to or destruction of the property of others

resulting from any one accident, or in such increased amounts as the

board may require hereunder upon determining that the circumstances of

the particular weather modification project require additional proof of

financial responsibility, except that municipalities and departments or

agencies of the state shall be exempt from the requirements of this para-

graph ; proof of financial responsibility required hereunder may be given

by a certificate of insurance or a bond or a certificate of deposit of

money ;

(5) Submits a complete and satisfactory operational plan for the pro-

posed weather modification project which includes a map of the proposed

operating area which specifies the primary target area and shows the

area reasonably expected to be affected, the name and address of the

licensee, the nature and object of the intended weather modification ac-

tivities, the person or organization on whose behalf it is to be conducted,

a statement showing any expected effect upon the environment, the methods

that will be used in determining and evaluating the proposed weather

modification project, and such other information as may be required by the

director ;

(6) Meets the preceding requirements for a permit and before begin-

ning operations under the proposed weather modification project publishes

a notice of intent to engage in weather modification activities in a news-

paper of general circulation in the county or counties to be affected by

the proposed project. The published notice shall designate the primary

target area and indicate the general area which might be affected. It

shall also indicate the expected duration and intended effect and state that

complete details are available on request from the licensee or the director.

In accordance with information furnished by the director, the notice

shall also specify a time and place for a hearing on the proposed weather

modification project, which will be conducted by the board: and

(7) Furnishes to the director proof of the publication of the notice re-

quired by the foregoing provision.

(h) Before :t permit is issued, the director, or a hearing officer appointed by

him. shall hold the public hearing on the proposed weather modification project

in a place or places within a reasonable proximity of the area expected to be

:i ff eft e 1 by the proposed weather modification activities.

547

(c) No permit may be issued unless the director determines, based on the

tion project and on the testimony and information provided at the public

hearing, that :

(1) If the project is one for profit, the proposed weather modification

activities are designed to provide, and are reasonably expected to provide,,

an economic benefit to the people of the area in which the operation

will be conducted, or will benefit the people of the state of Kansas, and

is scientifically and technically feasible ;

(2) If the project is a scientific or research project, the proposed weather

modification activities offer promise of expanding the knowledge and the

technology of weather modification ;

(3) The project includes adequate safeguards for the protection of proper-

ty, health, safety and welfare ; and

(4) The project is designed to minimize risk and maximize scientific

gains or economic benefits to the people of the state.

(d) The operational plan for the proposed project shall be placed on file with

the director and will be available for public inspection during regular office

hours. [L. 1974, ch. 321, § 11 ; July 1.]

82a-1412. Same; conduct of operations under permit under supervision of

licensee. Operations under weather modification permits may be executed only

by or under the immediate direction and supervision of a licensee or licensees.

[L. 1974, ch. 321 § 12 ; July 1.]

82a-1413. Same; permit fees, renewal; deposit in general fund. The fee for

each weather modification permit under this act or any renewal thereof shall

be one hundred dollars ($100) and shall be paid to the board which shall remit

all such moneys to the state treasurer and the state treasurer shall deposit

the same in the state treasury to the credit of the state general fund. [L. 1974,

ch.321, § 13; July 1.]

82a-1414. Same ; permit for calendar year : emergency, (a) A separate weather,

modification permit shall be required annually on a calendar year basis for each

weather modification project.

(6) The director may grant a weather modification permit on an emergency

basis without prior publication of any required notice in instances, of fire, frost,

hail, sleet, smog, fog drought, or other emergency. In such situations, publica-

tion of notice shall be made as soon as possible but shall not be subject to the

time limits specified elsewhere in this act. [L. 1974, ch. 321, § 14 ; July 1.]

82a-14l5. Same; permit; revision, suspension or modification of terms and

conditions ; procedure ; licensee to notify director of emergencies. ( a ) The direc-

tor may revise, suspend, or modify the terms and conditions of a permit if :

(1) He first notifies the licensee and affords the licensee a reasonable

opportunity for a hearing on the need for a revision, suspension, or modifica-

tion and, after such hearing, he finds that revision, suspension, or modifica-

tion is necessary to protect the health, safety, or property of any person or

to protect the environment ; or

(2) He finds that an emergency situation exists, or is impending, which

would endanger life, property, or the environment, in which case he may,

on his own initiative, without giving prior notice or conducting a hearing,

immediately modify the conditions of a permit, or order the temporary sus-

pension of the permit.

(6) Upon ordering revision, suspension or modification under paragraph (2)

of subsection (a) of this section, the director shall within ten (10) days there-

after hold a hearing on the question of permanently revising, suspending, or

modifying the terms and conditions of the permit and shall notify the licensee

at the time of ordering the revision, suspension, or modification of the time

and place that he will hear the matter. A licensee's failure to comply with an

order of the director to temporarily suspend or change the authorized activity

shall be grounds for immediate revocation of the permit and of the operator's

license.

(c) It shall be the responsibility of the licensee conducting anv weather

modification activity to notify the director of any emergency that the licensee

could be expected to reasonably foresee, including any existing emergency sit-

uations described in paragraph (2) of subsection (a) of this section that, might

in any way be caused or affected by weather modification activities. Failure by

the licensee to so notify the director of any such existing emergnecy, or any

548

impending emergency that the licensee should have reasonably foreseen, may

321. §15; July 1.]

82a-1416. Same ; licensee confined to terms and conditions of permit. When a

weather modification permit has been issued, the licensee shall confine his

weather modification activities within the limits of time and area specified in

the permit, except to the extent that the limits are modified by the director.

He shall also comply with any terms and conditions of the permit as originally

issued or as subsequently revised or modified by the director. [L. 1974, ch. 321,

§16; July 1.]

82d'-1417. Same; reports of activities; form and content, (a) Any person con-

ducting weather modification activities in Kansas or operations that affect con-

ditions within Kansas shall file reports at such time or times and in the manner

and form as the board may require.

(6) The director shall develop report forms that shall provide for reporting

the methods employed, the type of equipment used, the kind and amount of

each material used, the times and places the equipment was operated, the name

and address of each individual other than the licensee who participated or

assisted in the activities, any environmental effects that have or are believed

to have occurred, and any other data as the board may require. [L. 1974, ch. 321,

§ 17; July 1.]

82a-l/fl8. Same ; suspension or revocation of permit ; refusal to renew license

or issue additional permit, (a) The director shall suspend or revoke a permit

if he finds that the licensee no longer meets the quaifications or conditions of the

original permit or has violated any provision of this act.

(&) At the direction of the board, the director may refuse to renew the license

of. or to issue another permit to, any applicant who has failed to comply with

any provision of this act. [L. 1974, ch. 321, § 18 ; July 1.]

82dr-llfl9. Same : suspension or revocation of license or permit ; notice of hear-

ing, (a) Except as provided in section 15 [82a-1415] of this act relating to the

director, the board or the director shall not suspend or revoke a license or per-

mit without first giving the licensee reasonable notice and a reasonable oppor-

tunity to be heard with respect to the ground for possible suspension or

revocation.

(b) Hearings under this section shall be conducted by the board or the

director in the manner provided for in section 9 [82a-1409] of this act. [L. 1974,

ch. 321, § 19; July 1.]

82a^l420. Same : state and local officers immune from liability ; issuance of

permit not state endorsement. Officers and employees of the state or any depart-

ment or agency thereof, and officers and employees of any county or municipality

or other public agency of the state, shall be immune from liability resulting

from any weather modification activity approved or conducted by them or under

their authority under the provisions and limitations of this act. The issuance

of a permit to conduct weather modification activities does not constitute state

endorsement of any weather modification activities conducted with respect to

that permit. [L. 1974. ch. 321. § 20 ; July 1.]

x2a-1J f 2l. Same: operation without license or permit; order to cease; enforce-

ment. The director may order any person who is found to be conducting weather

modification activity without a license and permit to cease and desist from said

operation. Anv such order shall be enforceable in any court of competent juris-

diction. |"L. 1974. ch. 321, § 21 ; July 1.]

82a-li22. Same; license or permit no defense in action for damages or in-

junctive relief. The fact that a person holds a license or a permit under this act,

or that he has complied with all requirements established pursuant to this act,

shall not be a defense in actions for damages or injunctive relief brought against

him. IX. 1974. eli. 321. § 22 ; July 1.]

S2a-1423. Same violations of act, misdemeanor. Any person conducting a

weather modification activity without first having procured a required license

and permit, or who shall knowingly make a false statement in an application

for a license or permit, or who shall fail to file any report or reports as required by

This act. or who shall conduct any weather modification activity after a revocation

of his license or the denial, revocation, modification, or temporary suspension of

his weather modification permit therefor, or who shall violate any other provi-

sions of this act. shall be guilty of a class B misdemeanor. Each day that any

such unauthorized weather modification activity is conducted shall constitute

a separate offense. [ L. 1974, ch. 321, § 23 ; July 1.]

549

this act is determined to be invalid, such invalidity shall not affect the other

provisions of this act and they shall be given effect without the invalid provi-

sion, and to this end the provisions of this act are declared to be severable. [L.

1974, ch. 321, § 24; July 1.]

82a-lJf25. Participation by counties in weather modification programs ; tax

levy : procedure ; protest petitions. The board of county commissioners of any

county is hereby authorized to establish or participate in weather modification

programs and for the purpose of paying the costs thereof is authorized to levy

a tax of not to exceed two (2) mills upon the assessed tangible valuation of prop-

erly in the county and to expend such moneys for weather modification purposes :

Provided, In counties of this state having a population of more than one hundred

eighty thousand (180,000) and not more than two hundred twenty thousand

(220.000) and an assessed tangible valuation of more than three hundred fifty

million (350,000,000) and not more than three hundred sixty-five million

(365.000,000) shall be excluded. No such levy shall be made until a resolution

authorizing the same shall be adopted by the board of county commissioners

stating the specific purpose for which such levy is made, the amount of the

proposed levy and the number of years such tax levy shall be made and until

such resolution has been published once each week for three (3) consecutive

weeks in the official county newspaper. Whereupon any such levy may be made

unless a petition requesting an election upon the proposition signed by electors

equal in number to not less than five percent (5%) of the qualified electors of

such county is filed in the office of the county election officer within sixty (60)

days following the last publication of such resolution. In the event any such peti-

tion is filed, no levy shall be made without the same having been approved by a

majority of the electors of such county voting at an election called and held

thereon within ninety (90) days after the last publication of such resolution

or at the next general election if held within such time. Such election shall be

noticed, called and held in the manner provided for by the provisions of K. S. A.

1976 Supp. 10-120. Such tax levy shall be in addition to all other tax levies

authorized or limited by law and shall not be subject to nor within the limita-

tions upon the levy of taxes imposed by K. S. A. 1976 Supp. 79-5001 to 79-5016,

inclusive, and amendments thereto.

The board of county commissioners is authorized to expend any other funds

of the county available for any such purpose and, in addition, to receive and

expend any and all funds which may be offered or become available for am

such purpose. [L. 1976, ch. 114, § 1 : July 1.]

Louisiana

La. Rev. Stat. Ann. §§ 2201-2208

Chapter 25. Weather Modification

Sec.

2202. Definitions.

2203. Necessity for license : application.

2204. Licenses : fees : expiration ; revocation.

2205. Disposition of fees.

2206. Penalty.

2207. Qualifications and requirements : conditions.

2208. Evaluation of operations ; reports.

§ 2201. Sovereign right to use of moisture

It is hereby declared that the state of Louisiana claims its sovereign right

to the use for the best interest of its people of the moisture contained in the

clouds and atmosphere within its state boundaries. (Acts 1956, Xo. 350. § 1.)

§ 2202. Definitions

The term "weather modification", as used in this Chapter, means the chanaing

or controlling by chemical, mechanical, or physical methods the occurrence of

lightning or the precipitation of rain, hail. mist, sleet, or snow.

The term "Commissioner", as used in this chapter, means the commissioner of

the Louisiana State Department of Agriculture and Immigration. (Acts 1956, Xo.

350, §§ 2. 3.)

§ 2203. Xeeessity for lieense; applieation

Any person who engages in weather modification shall prior to engaging in

such activity obtain a license from commissioner in accordance with the pro-

550

cedure established the commissioner. Each application for a license shall be

§ 220 If. Licenses; fees; expiration; revocation

A license fee of one hundred dollars shall be paid by any person issued a

weather modification license, in addition to the application fee provided in R.S.

37 :2203. Each such license shall expire one year after the date such license is

issued and shall be revocable at any time, by the Commissioner, in accordance

with such procedure as the commissioner may establish. (Acts 1956, No. 350, § 5.)

§ 2205. Disposition of fees

The money collected from fees provided in R.S. 37:2203 and R.S. 37:2204

shall be deposited with the state treasurer to be credited to the general fund of

the state of Louisiana. (Acts 1956, No. 350, § 6.)

§ 2206. Penalty

Any person engaging in weather modification without a license shall be guilty

of a misdemeanor and shall be fined not exceeding five hundred dollars for each

separate offense. (Acts 1956, No. 350, § 7.)

§ 2207. Qualifications and requirements; conditions

The commissioner shall determine the qualifications and requirements which

applicants must meet in order to receive a license to engage in weather modifica-

tion and shall establish the conditions under which weather modification opera-

tions may be carried out. (Acts 1956, No. 350, § 8.)

§ 2208. Evaluation of operations ; reports

The commissioner shall evaluate each weather modification operation and

publish the results of such evaluation in an annual report. (Acts 1956, No. 350,

§9.)

Minn. Stat. Ann. §§ 42.01-42.14

1977 Session — Weathek Modification

CHAPTER 4 26

S. F. No. 73 [Coded]

An ACT relating to weather modification; prescribing powers and duties for the commis-

sioner of agriculture ; providing for weather modification research ; requiring the ob-

taining of licenses and permits prior to engaging in weather modification ; prohibiting

the use of cloud seeding apparatus located on the ground; prescribing penalties; ap-

propriating money

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1

42.01 Policy

The legislature finds that it is necessary for the state to regulate weather

modification to protect its citizens, but nothing in sections 42.01 to 42.14 shall

be construed to encourage or promote weather modification.

SECTION 2

42.02 Definitions

Subdivision 1. For the purposes of sections 42.01 to 42.14, the terms defined

in this section have the meanings given them.

Subdivision 2. "Weather modification" means any activity performed in con-

nection with placing or attempting to place any substance in the atmosphere or

clouds within the atmosphere, including fog, with the intention of and for the

purpose of producing artificial changes in the composition, motions, and result-

ing behavior of the atmosphere or clouds within the atmosphere, including fog.

Subdivision 3. "Person" means any person, firm, association, organization, part-

nership, company, corporation, private or public, county, city, trust or other pub-

lic agency.

Subdivision 4. "Operation" moans the performance of weather modification

activities entered into for the purpose of producing, or attempting to produce, a

certain modifying effect within one geographical area over one continuing time

interval not exceeding one year.

Subdivision 5. '^Commissioner" means the commissioner of agriculture.

551

42.03 Sovereign right claimed by state

It is declared that the state of Minnesota claims its sovereign right to use

for the best interest of its residents the moisture contained in the clouds and

atmosphere within its sovereign state boundaries.

section 4

42.04 Commissioner; powers and duties

Subdivision 1. Powers. The commissioner of agriculture may :

(a) pursuant to Minnesota Statutes, Chapter 15, adopt rules necessary to

implement the license and permit program established pursuant to sections

42.01 to 42.14 ;

(b) enter into contracts or memoranda of agreement and do all things

necessary to cooperate with the United States government, and to qualify

for, accept and disburse any private grant intended for the administration

of sections 42.01 to 42.14 ;

(c) cooperate with other states to jointly carry out research and planning

in weather modification ;

(d) advise persons, groups, and local units of government on weather modi-

fication and distribute informational material relating to weather modifica-

tion and review and comment on all county programs of weather modifica-

tion ; and

(e) carry on research related to weather modification including evaluation