Committee votes 'do not pass' on bill addressing geoengineering and cloud seeding

The House Agriculture Committee voted to recommend do not pass on House Bill 1514 after extended debate over enforcement, exceptions and whether cloud seeding can be separated from broader geoengineering concerns.

Representative Hoke and others proposed language to add a narrow exemption for aircraft and ground applicators that perform crop-dusting and pest spraying; sponsors said the exemption was intended to avoid capturing ordinary agricultural operations. “We think that this will also be covered under this exemption,” Hoke said, describing how application aircraft operate close to the ground and are not the target of the bill.

Questions from committee members focused on enforcement and scope. Representative Ulmer asked about the bill’s stated penalty and who would enforce it: “The penalty is $500,000. And refresh my memory here. Who enforces that penalty?” A committee member read the bill text that the sheriff would investigate reported activity and the county state’s attorney would take prosecutions, and members noted practical challenges if aircraft or out-of-state actors were involved. Representative Ulmer said enforcement concerns and investigative burdens on local law enforcement were a significant practical challenge.

Representative Houck and others said they had considered a study because the underlying activities already exist and are tied into existing county programs; Houck argued separating cloud seeding from geoengineering in a study or statute was difficult because cloud seeding is often part of broader geoengineering programs. Committee members discussed whether an exception could be tied to specific North Dakota Century Code authorizations for weather modification (a committee member cited NDCC 61-04.1 as a relevant section).

Representative White moved a do-not-pass recommendation and Representative Volmer seconded. The clerk called the roll; the committee recorded the do-not-pass recommendation (recorded as 7-6-1). The committee discussed carriers for the bill on the floor following the vote.

What the vote means: committee action halts progress of the bill from this committee to the floor under current form; sponsors and members indicated interest in further work to clarify exemptions and enforcement if the bill is to be reconsidered in the future.