Kansas proposal would penalize atmospheric pollution and regulate communications facilities

Entities that conduct polluting atmospheric interventions, or use unmarked vehicles or facilities for weather engineering or another polluting intervention, would face criminal penalties. The provision covers any entity engaging in a polluting atmospheric intervention, or using an unmarked or unidentified aircraft, vehicle, or facility for weather engineering or another polluting intervention. The text makes the conduct a severity level 7 felony and sets a maximum $100,000 fine for a corporation when its officers, directors, or employees commit the felony; an aircraft operator or controller could face a fine of up to $5,000. Each day the activity continues would count as a separate offense, and other Kansas pollution penalties could also apply. The act would take effect after publication in the statute book.

Law enforcement agencies would enforce the act and could refer suspected violations to the Kansas Air National Guard; the Guard could investigate aircraft. These duties apply to law enforcement agencies and the Kansas Air National Guard when enforcing the act, including investigations of suspected aircraft violations. The Guard could take the listed steps only if law enforcement deems referral necessary and the Guard deems action necessary. If the federal government explicitly or implicitly approved an activity the act deems hazardous, law enforcement would notify the relevant federal agency that it could not lawfully be carried out within or over Kansas. Within 120 days after enactment, law enforcement and the Air National Guard would have to set a process for assessing violations and enforcing the act.

Communications facility owners would pay for an independent engineer to evaluate their facilities, and operators would have to meet the stated signal limit. The evaluation rule covers communications facilities, and the section says all entities operating in Kansas must comply. The engineer would review current purposes and future capabilities, including potential artificial intelligence uses, and send findings to local law enforcement. If measured signal strength exceeded -75 decibel-milliwatt in a licensed frequency or channel band, the operator would have 30 days to comply without disrupting personal wireless services. Law enforcement would conduct random checks; noncompliance could bring fines of up to $50,000 per day, and deliberate falsification would violate the act. An operator would have 30 days to comply after an engineer finds signal strength above the limit.

The proposal would repeal the listed Kansas weather modification laws. The proposal lists Kansas statutes 82a-1401, 82a-1402, 82a-1403, and 82a-1405 through 82a-1425 for repeal. The repeal would take effect after publication in the statute book.