Science, and transportation united states senate


§1109. Emergencies; publication



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§1109. Emergencies; publication

(a) Notwithstanding any provision of this act to the contrary, the board may

grant a licensee permission to undertake an emergency nucleation project, with-

out prior compliance by the licensee with the provisions of section 8(a), 1 if the

same appears to the department to be necessary or desirable in aid of extinguish-

ment of tires.

(b) Notwithstanding any provision of this act to the contrary, upon request of

the county commissioners, of a county or of the governing body of a city, borough,

town or tow nships, and upon the submission of such supporting evidence as the

board may require, the board may grant a licensee permission to undertake a

nucleation project for the purpose of alleviating a drought emergency, without

prior compliance by the licensee with the provisions of section 8(a) requiring

publication of notice of intention, if such project appears to the department to

Jbe necessary or desirable.

(o Nothing contained in this section shall be construed as to relieve the li-

censee in the cases set forth in subsection (a) or (b) of this section from com-

pliance with the provisions of section 8 requiring publication of notice of inten-

tion and riling of proof of such publication, as soon after the granting of permis-

sion by the board as is practicable. In lieu thereof the licensee may furnish equiv-

alent transmission of notice of intention by radio or television, and prof thereof,

as soon after the granting of permission by the board as is practicable. 1968, Jan.

19. P.L. (1967) 1024, §9.

Library references : Licenses <3=^22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses

|16.


$1110. Accords

(a) Every licensee shall keep and maintain a record of all operations con-

ducted by him pursuant to his license showing the method employed, the type of

equipment used, the times and places of operation of the equipment, the names and

post office address of each person participating or assisting in the operation other

than the licensee, and such other information as may be required by the board,

and shall report the same to the board immediately upon the completion of each

operation.

(b) Each licensee shall further prepare and maintain an evaluation statement

for each operation which shall include a report as to estimated precipitation, defin-

ing the gain or loss occurring from nucleation activities, together with supporting

data therefor. This statement, together with such other pertinent information as

tbe board may require, shall be sent to the board upon completion and be avail-

able to inspection by the board at all times on the licensee's premises.

(ci The board shall require written reports concerning each operation con-

ducted by a licensee under this act.

i d ) All information on an operation shall be submitted to the board before any

information on such operation may be released to the public.

(e) The reports and records in the custody of the board shall be open for public

examination as public documents. 1968, Jan. 19, P.L. (1967) 1024, §10.

Library references: Licenses C^> 36. C.J.S. Licenses §42. P.L.E. Licenses §36.

§ ////. Research projects: safety

(ii) Research work within the province of this statute shall be permitted only

when authorized by the board.

(In Government and armed forces projects within the province of this statute

must meet all the requirements of this act.

(c) No nucleating agent may be used in concentrations dangerous to man or

causes environmental pollution as determined bv the State Department of Health.

L968, Jan. 1!>. P.L. (1967) 1024, §11.

Library references: Agriculture Ol. C.J.S. Agriculture § 1 et seq.

§ It 12. Enforcement

In order to enforce the provisions of this act, the Pennsylvania State Police

i Section 1108 of tliis title.

603


shall, on request of the board, assign at least one trooper and one investigator

to an area where unlawful cloud seeding is suspected. If such police request the

same, the Pennsylvania Aeronautics Commission shall assign an airplane and

pilot. Air samples shall be taken by the Pennsylvania Air Pollution Commission if

requested by the State Police or the board. For such enforcement purposes, the

State Department of Health shall furnish such technical services as the board

may request. 1968, Jan. 19, P.L. (1967) 1024, § 12.

§ 111S. License suspensions, revocations

Any license may be revoked, suspended or modified if the board finds, after due

notice to the licensee and a hearing thereon, that the licensee has failed or re-

fused to comply with any of the provisions of this act. The proceedings herein

referred to shall be conducted in accordance with the provisions of the act of

June 4, 1945 (P.L. 1388). known as the "Administrative Agency Law," 1 and the

board shall have all the powers granted therein. 1968, Jan. 19, P.L. (1967) 1024,

§13.

Library references: Licenses 3S. C.J.S. Licenses §§43, 44. P.L.E. Licenses



§26.

§ 1114. Damage compensation

Any licensee who causes a drought as determined by the board shall compen-

sate farmers for damages. Any licensee who by causing heavy downpours or

storms which cause damage to lands as determined by the board shall com-

pensate farmers and property owners for such damages. 1968, Jan. 19, P.L. (1967)

1024, § 14.

Library references : Agriculture C=> 1. C.J.S. Agriculture § 1 et seq.

§ 1115. Acts not authorized

(a) Nothing contained in this act shall authorize any person to carry out a

cloud seeding operation from Pennsylvania to seed in another state where such

cloud seeding is prohibited.

(b) Nothing contained in this act shall be construed to authorize the suppres-

sion of lightning. 1968. Jan. 19. P.L. (1967 | . 1024, § 15.

Library references : Agriculture C=> 1. C.J.S. Agriculture § 1 et seq.

§ 1116. Penalties

.(a) Any airplane pilot who flies an airplane with numbers invisible to escape

identification under this act shall be guilty of a misdemeanor and upon convic-

tion thereof, have his license revoked for a period of five years.

(b) Any airport owner or operator who boards cloud seeding planes to seed

clouds or who operates as a cloud seeder without a license shall be guilty of a

misdemeanor, and upon conviction thereof have his airport permit revoked for

one year and be sentenced to pay a fine of ten thousand dollars ($10,000) and

for a second or subsequent offense, he shall be sentenced to pay a fine of fiftv

thousand dollars ($50,000).

(c) Any person knowingly having in his possession without registering the

same with the department any cloud seeding equipment shall, on conviction

thereof, be sentenced to pay a fine of ten thousand dollars ($10.000) .

(d) Any person who makes any false statement to secure a license under

this act shall. 011 conviction thereof, have his license revoked permanently.

ie> Any person who violates any other provision of this act is guilty of a

misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine not

exceeding one thousand dollars ($1,000) or undergo imprisonment for not

exceeding one year, or both. 1968. Jan. 19. P.L. (1967) 1024. § 16.

Library references: Aviation 123. C.J.S. Aerial Navigation §§ 11, 16. P.L.E.

Aeronautics § 1.

§ 1117. Repeal

The act of November 9. 1965 (P.L. 677), entitled "An act prohibiting certain

weather modification activities whenever the county commissioners shall adopt

a resolution stating that such action is detrimental to the welfare of the county,

and providing penalties." is repealed." 1968, Jan. 19, P.L. (1967) 1024, §17.

Library references: Agriculture 1. C.J.S. Agriculture § 1 et seq.

§ 1118. Effective date

This act shall take effect immediately. 1968, Jan. 19, P.L. (1967) 1024, § 18.

1 71 P.S. § 1710.1 et seq.

3 18 P.S. §§ 3S71 to 3874.

604

South Dakota



S.D. Compiled Laws Ann. Sees. 38-9-1-38-9-22; 1-40-8; 10-12-18

1-^0-8. Administrative functions performed for weather modification com-

mission. — Except as provided by §38-9-4.1, the department of natural resource

development shall, under the direction and control of the secretary of natural

resource development, perform all administrative functions except special

budgetary functions (as defined in §1-32-1) of the weather modification

commission.

Chapter 3S-9 — Weather Modification Activities

Sec.

3&-9-I. Definition of terms.



38-9-3. Policy and purpose of regulation.

38-9-4. Weather modification commission established — Composition.

3S-9-4.1. Direction and supervision by department of natural resource development —

Independent functions retained by commission.

38-9-5. Areas from which members of commission appointed.

38-9-6. Repealed.

3S-9-9. Operations and research activities.

38-9-10.1. Utilization of technical resources of schools.

38-9-11.1. Co-operation with counties — County participation.

38-9-12. License and permit required to engage in Aveather modification — Violation of

terms unlawful.

38-9-12.1. Exemption of experimental and emergency activities.

38-9-13. Repealed.

38-9-14. Issuance of license to competent applicant — Competence of organization —

Application fee.

3S-9-15. Fee required on issuance or renewal of license — Disposition.

38-9-10, 38-9-17. Repealed.

38-9—18. Expiration of licenses.

38-9-1S.1. Issuance of renewal license.

38-9-1S.2. Permits issued to licensees — Fee — Publication of notice of intention — Finan-

cial responsibility.

3S-9-18.3. Means of proving financial responsibility.

38-9-18.4. Permit fee — Disposition.

38-9-18.5. Permit required for each operation — Maximum duration of permit.

38-9-19. Suspension, revocation, refusal or refusal to renew license or permit.

38—9—19.1. Modification of permit- — Notice and hearing.

38-9-21. Unlicensed weather modification activity as misdemeanor — Penalty.

3S-9-22. Administration by department — Powers retained by commission.

38-9-23. Repealed.

3S-9-1. Definition of terms. — As used in this chapter :

(1) The term "weather modification" means performing any activity with the

int . 'nt ion of producing artifical changes in the composition, behavior, or dynamics

of the atmosphere.

(2) and (3) * * * [Same as parent volume.]

(4) The term "operation" means 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 yea»\

38-9-3. Policy and purpose of regulations. — It is hereby declared that weather

modification techniques for precipitation management should be used to aug-

ment precipitation and decrease hailfall damage in South Dakota. The applica-

tion of weather modification techniques shall be carried out under proper safe-

guards to supply sufficient data and accurate information in order to provide

a net economic benefit and enhance knowledge concerning weather modification

and to protect life, property and the public interest.

38-9-J/. Weather modification commission established — Composition. — There

is hereby established a weather modification commission, hereinafter called the

commission composed of seven representatives, one from each area designated by

§ 38-9-5, to be appointed biennially by the Governor on July first and provided

further, no more than four shall be from any one political party.

38-9'/. J. Direction and supervision by department of natural resource de-

velopment — Independent functions retained by commission. — The weather modi-

fication commission shall be administered under the direction and supervision

of the department of natural resource development and the secretary thereof, but

shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministra-

tive and special budgetary functions (as defined in §1-32-1) otherwise vested

in it and shall exercise tbosp functions independently of the secretary of natural

resource development. The commission shall also retain the function pf setting

the te rms of and approving the contracts with otber units of government for the

sharing of the costs of weather modification operations.

605

88-9-5. Areas from, which members of commission appointed. — Representa-



tives of the commission shall be appointed from areas containing the following

counties :

Area I — Bennett, Custer, Fall River, Haakon, Jackson, Pennington, Shannon

and Washabaugh; Area II — Butte, Harding, Lawrence, Meade and Perkins;

.Area III — Campbell, Corson, Dewey, Hughes, Potter, Stanley, Sully, Walworth

and Ziebach ; Area IV — Aurora, Brule, Buffalo, Charles Mix, Davison, Douglas,

Gregory, Jerauld, Jones, Lyman, Mellette, Sanborn, Todd and Tripp; Area V^-

Bon Homme, Clay, Hanson, Hutchinson, Lake, Lincoln, MeCook, Miner, Minne-

haha, Moody, Turner, Union and Yankton ; Area VI — Beadle, Brown, Edmunds,

Faulk, Hand, Hyde, McPherson and Spink ; Area VII — Brookings, Clark, Cod-

ington, Day. Deuel, Grant, Hamlin, Kingsbury, Marshall and Roberts.

38-9-9. Operations and research activities. — The commission shall carry on

operations and research on a state-wide basis, by its own staff, or by contract

with approved cloud seeding organizations or in co-operation with other agencies

as provided by law.

38-9-10.1. Utilization of technical resources of schools. — Pa carrying out the

purposes of this chapter, the commission shall utilize to the extent possible the

facilities and technical resources of the public and private educational institu-

tions of the state.

38-9-11.1. Co-operation with counties — County participation. — The commis-

sion may, at its discretion, co-operate wuth county programs of weather modifi-

cation in carrying out the purposes of this chapter, and in addition to the powers

of counties specified in § 10-18, counties may contribute to and participate in

any weather modification program carried out by the state.

38-9-12. License and permit required to engage in weather modification —

Violation of terms unlawful. — It shall be unlawful for any person to engage in

activities for weather modification without a weather modification license and

a weather modification permit issued by the commission or in violation of any

term or condition of the license or the permit except as the commission shall

provide by regulation under § 38-9-12.1.

38-9-12.1 Exemption of experimental and emergency activities. — The com-

mission, to the extent it considers exemptions practical, shall provide for ex-

empting laboratory research and experiments and activities of an emergency

nature against fire, frost, sleet or fog from the license and permit requirements

of this chapter.

Source: SL 1973, ch 254, § 10. See Tex Vernon's Civ Code, Art 8280-12, § 8 (2),

(3).

38-9-13. Repealed by SL 1973, ch 254, § 21.



38-9-14- Issuance of license to competent applicant — Competence of organi-

zation — Application fee. — The commission, in accordance with its regulations,

shall issue a weather modification license to each applicant who pays the license

fee and who demonstrates, to the satisfaction of the commission, competence

in the field of meteorology which is reasonably necessary to engage in w T eather

modification activities. If the applicant is an organization, the competence must

be demonstrated by the individual or individuals who are to be in control and

in charge of the operation for the applicant. Each application shall be accom-

panied by a fee of twenty-five dollars.

38-9-15. Fee required on issuance or renewal of license — Disposition. — Any

person issued an original license or a renewal license under this chapter shall pay

a fee of one hundred dollars. The money collected from such fees shall be depos-

ited with the state treasurer in the state general fund.

38-9-16, 38-9-17. Repealed by SL 1973, ch 254, § 21.

38-9-18. Expiration of licenses. — Each original license or renewal license

issued under this chapter shall expire on December thirty-first of the year for

which it was issued.

38-9-18.1. Issuance of renewal license. — At the expiration of the license

period, the commission shall issue a renewal license to each applicant who pays

the license fee and who has the qualifications necessary for issuance of an

original license.

Source : SL 1973, ch 254, § 14.

38-9-18.2. Permits issued to licensees — Fee — Publication of notice of inten-

tion — Financial responsibility. — The commission, in accordance with its regula-

tions, shall issue a weather modification permit to each applicant who holds a

valid weather modification license, pays the permit fee, publishes such notice

of intention as the commission shall require by regulation and submits proof

of publication, and furnishes proof of financial responsibility.

Source : SL 1973, ch 254, § 15.

34-857—79 41

606

38-9-18.3. Means of proving financial responsibility. — Proof of financial re-



sponsibility is made by showing, to the satisfaction of the commission, that the

licensee has the ability to respond in damages for liability which might reason-

ably result from the operation for which the permit is sought.

Source : SL 1973. ch 254, § IS. See Tex Vernon's Civ Code, Art 8280-12, § 14.

38-9-184. Permit fee — Disposition—Any person issued a permit under this

chapter shall pay a fee of one hundred dollars. The money collected from such

fees shall be deposited with the state treasurer in the state general fund.

Source : SL 1973, ch 254, § 16.

38-9-18.5. Permit required for each operation — Maximum duration of per-

mit. — A separate permit is required for each operation. The commission shall

not issue a permit for operations in an area for a period to exceed one year.

Source : SL 1973, ch 254, § 17.

SS-9-19. Suspension, revocation, refusal or refusal to renew license or per-

mit. — The commission may suspend or revoke a license or permit if it appears that

the licensee no longer has the qualifications necessary for the issuance of an

original license or permit or has violated any provision of this chapter. The

commission 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 chapter.

38-9-19.1. Modification of permit — Xotiee and hearing. — The commission may

modify the terms and conditions of a permit if the licensee is first given notice

and reasonable opportunity for a hearing on the need for a modification and it

appears to the commission that a modification is necessary to protect the health

or property of any person.

Source : SL 1973, ch 254, § 19. See Tex Vernon's Civ Code, Art 8280-12. § 17(2).

38-9-21. Unlicensed weather modification activity as misdemeanor —

Penalty. — Any person or persons engaging in any type of weather modification

activities without a valid license and permit shall be guilty of a misdemeanor,

and subject to a fine not to exceed one thousand dollars or by imprisonment in

the county jail for a period not to exceed thirty days, for each such offense.

38-9-22. Administration by department — Powers retained by commission. —

The department of natural resource development shall administer and enforce

the provisions of this chapter, provided, however, that the commission shall

retain the authority and policy powers reserved to it by § 38-9—1.1.

10-12-18. County weather-modification levy authorized — Maximum rate —

Contractors to be licensed. — The board of county commissioners of each county

may levy and collect annually a tax of not to exceed one mill upon assessed

valuation of the property in said county, for a "weather-modification'' fund,

which levy shall lie exclusive of the maximum levy provided by law. The board

of county commissioners of counties which have sixteen million dollars or less

in assessed valuation of property in that county may levy and collect annually

a tax of not to exceed two mills on the assessed valuation of the property in

that county, which levy shall be exclusive of the maximum levy provided by

law. Such fund shall be used only for the gathering of information upon, aiding

in or conducting any program for weather modification, as defined by law. within

said county, or in conjunction with any other county or counties. The provisions

of chapter 7-21, relating to county budgeting shall not apply to appropriations

made under the provisions of this section. Provided, however, that for only the

initial or first appropriation of said "weather-modification"' activities as afore-

mentioned, said county commissioners may, at their discretion, appropriate from

moneys not otherwise appropriated in the general fund, such moneys as are

necessary for carrying out the provisions of this section, provided that said ap-

propriation shall not exceed an amount equal to one mill levy upon the assessed

valuation of the property in said county. The board of county commissioners

shall enter into no contract or agreement for any such purpose except with one

who has been duly licensed under the provisions of chapter 38-9. except for the

purpose of gathering information they may enter into a contract or agreement

with a state agency not licensed.

Texas


Texas Water Code Tit. 2 Sees. 14.001-14.112; Texas Civil Code tit. 120A, Sec.

6889-7(16)

Weather Modification

Sec. If). The Division of Disaster Emergency Services shall keep continuously

apprised of weather conditions which present danger of precipitation or other

climatic activity severe enough to constitute a disaster. If the division determines

607

that precipitation that may result from weather modification operations, either



by itself or in conjunction with other precipitation or climatic conditions or

activity, would create or contribute to the severity of a disaster, it shall request

in the name of the governor that the officer or agency empowered to issue per-

mits for weather modification operations suspend the issuance of the permits.

On the governor's request, no permits may be issued until the division informs

the officer or agency that the danger has passed.

Chapter 14. Weather Modification

Subchapter A. General Provisions

Sec.

14.001. Short Title.



14.002. Definitions.

[Sections 14.003 to 14.010 reserved for expansion]

Subchapter B. Powers and Duties of Board

14.011. Regulations — In General.

14.012. Regulations — Licenses and Permits.

14.013. Regulations — Safety.

14.014. Studies ; Investigations ; Hearings.

14.015. Advisory Committees.

14.016. Personnel.

14.017. Materials and Equipment.

14.01S. Interstate Compacts.

14.019. Contracts, Cooperative Agreements. Etc.

14.020. Promotion of Research and Development.

14.021. Grants. Gifts, Etc.

14.022. Disposition of License and Permit Fees.

14.023. Oaths of Witnesses ; Subpoenas.

[Sections 14.024 to 14.040 reserved for expansion]

Subchapter C. Licenses and Permits

14.041. License and Permit Required.

14.042. Exemptions.

14.043. Issuance of License.

14.044. License Fee.

14.043. Expiration Date.

14.046. Renewal License.

[Sections 14.047 to 14.060 reserved for expansion]

14.061. Issuance of Permit.

14.062. Permit Fee.

14.063. Scope of Permit.

14.064. Application and Notice of Intention.

14.065. Content of Notice.

14.066. Publication of Notice.

14.067. Proof of Publication : Affidavit.

14.068. Proof of Financial Responsibility.

14.069. Modification of Permit.

14.070. Scope of Activity.

14.071. Records and Reports.

[Sections 14.072 to 14.090 reserved for expansion]

Subchapter D. Sanctions

1091. Suspension ; Revocation ; Refusal to Renew.

1092. Hearing Required.

1093. Record of Hearing.

[Sections 14.094 to 14.100 reserved for expansion]

1101. Immunity of State.

1102. Private Legal Relationships.

[Sections 14.103 to 14.110 reserved for expansion]

1111. Penalty

1112. Enforcement by Board.

Subchapter A. General Provisions

Section U.001. Short Title

This chapter may be cited as the Weather Modification Act.

| Uf.002. Definitions

As used in this chapter, unless the context requires a different definition :

(1) "board" means the Texas Water Development Board ;

(2) "weather modification and control" means changing or controlling,

or attempting to change or control, by artificial methods, the natural devel-

opment of atmospheric cloud forms or precipitation forms which occur in

the troposphere ;

(3) "operation" means the performance of weather modification and

.control activities entered into for the purpose of producing, or attempting

608


to produce, a certain modifying effect within one geographical area over one

continuing time interval not exceeding four years : and

(4) "research and development" means theoretical analysis, exploration,

experimentation, and the extension of investigative findings and theories

of a scientific or technical nature into practical application for experimental

and demonstration purposes, including the experimental production and

testing of models, devices, equipment, materials, and processes.

Amended by Acts 1975, 64th Leg., p. 1394, ch. 538, § 1, eff. Sept. 1, 1975.

1975 Amendment. In subd. (3), substituted "four years" for "one year".

Subchapter B. Powers and Duties of Board

§ H.QH. Regulations — In General

The board may make regulations necessary to the exercise of its powers and the

performance of its duties under this chapter.

§ 14-012. Regulations — Licenses and Permits

In order to effectuate the purposes of this chapter, the board may make regu-

lations establishing procedures and conditions for the issuance of licenses and

permits.

§ 14.013. Regulations— Safety

The board may, by regulation or order, establish any standards and instruc-

tions to govern the carrying out of research or projects in weather modification

and control that the board considers necessary or desirable to minimize danger

to health or property.

§ 14-014- Studies; Investigations; Hearings

The board may make any studies or investigations, obtain any information,

and hold any hearings the board considers necessary or proper to assist it in

exercising its power or administering or enforcing this chapter or any regulations

or orders issued under this chapter.

§ 14-015. Advisory Committees

The board may establish advisory committees to advise the board and to make

recommendations to the board concerning legislation, policies, administration,

research, and other matters.

§ I4.OI6. Personnel

The board may, as provided by the general appropriations act, point and fix

the compensation of any personnel, including specialists and consultants, neces-

sary to perform its duties and functions under this chapter.

§ 14.017. Materials and Equipment

The board may acquire, in the manner provided by law, any materials, equip-

ment, and facilities necessary to perform its duties and functions under this

chapter.

§ 1^.018. Interstate Compacts

The board may represent the state in matters pertaining to plan procedure*,

or negotiations for interstate compacts relating to weather modification and

control.

§ 14-019. Contracts, Cooperative Agreements, Etc.

(a) The board may cooperate with public or private agencies to promote the

purposes of this chapter.

(b) The board may enter into cooperative agreements with the United States

or any of its agencies, or with counties and cities of tbis state, or with any pri-

vate or public agencies, for conducting weather modification or cloud-seeding

operations.

(c) The board may represent the state, counties, cities, and public and private

agencies in contracting with private concerns for the performance of weather

modification or cloud-seeding operations.

§ V h 020. Promotion of Research and Development

(a) In order to assist in expanding the theoretical and practcial knowledge

01' weal her modification and control, the board shall provide continuous research

and development in :

609


(1) the theory and development of methods of weather modification and

control, including processes, materials, and devices related to these methods ;

(2) the utilization of weather modification and control for agricultural,

industrial, commercial, and other purposes ; and

(3) the protection of life and property during research and operational

activities.

(b) The board may conduct and may contract for research and development

activities relating to the purposes of this section.

§ 11021. Grants, Gifts, Etc.

Subject to any limitations imposed by law, the board may accept federal

grants, private gifts, and donations from any other source. Unless the use of the

money is restricted or subject to any limitations provided by law, the board

may spend it for the administration of this chapter or may, by grant, contract,

or cooperative arrangement, use the money to encourage research and develop-

ment by a public or private agency.

§ 14.022. Disposition of License and Permit Fees

The board shall deposit all license and permit fees in the state treasury.

§ l.'f.023. Oaths of Witnesses; Subpoenas

(a) In conducting any hearing, the board or a representative designated by

it may administer oaths and examine witnesses.

(b) The board or a representative designated by it may issue subpoenas to

compel the attendance of witnesses and the production of books, records, docu-

ments, and instruments.

Subchapter C. Licenses and Permits

§ lJf.0 ' t l. License and Permit Required

Except as provided by regulation of the board under Section 14.042 of this

code, no person may engage in activities for weather modification and control :

(1) without a weather modification license and a weather modification permit

issued by the board ; or

(2) in violation of any term or condition of the license or the permit.

§ 14.042. Exemptions

The board, to the extent it considers exemptions practical, shall provide by

regulation for exempting the following activities from the license and permit

requirements of this chapter :

(1) research, development, and experiments conducted by state and

federal agencies, institutions of higher learning, and bona fide nonprofit

research organizations ;

(2) laboratory research and experiments ;

(3) activities of an emergent nature for protection against fire, frost,

isleet ,or fog ; and

(4) activities normally conducted for purposes other than inducing, in-

creasing, decreasing, or preventing precipitation or hail.

§ 14.04s. Issuance of License

(a) The board, in accordance with its regulations, shall issue a weather modi-

fication license to each applicant who :

(1) pays the license fee ; and

(2) demonstrates, to the satisfaction of the board, competence in the field

of meteorology which is reasonably necessary to engage in weather modifi-

cation and control activities.

(b) If the applicant is an organization, the competence must be demonstrated

by the individual or individuals who are to be in control and in charge of the

operation for the applicant.

§ 14.044. License Fee

The fee for an original or renewal license is $50.

§ 14.045. Expiration Date

Each original or renewal license expires at the end of the state fiscal year for

which it was issued.

610




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