Bill would ban geoengineering and restrict cloud seeding to declared catastrophic droughts; amendment removes costly monitoring provisions

Representative Kelly Potenza introduced the amended version of HB 764 FN, which would broadly prohibit intentional releases used for geoengineering or weather‑modification activities in New Hampshire, repeal RSA 12‑F (the existing weather modification experimentation statute) and preserve a narrow exception for cloud seeding only under a declared catastrophic drought with prescribed review and oversight steps.

Key changes and scope: the sponsor said she removed earlier fiscal and monitoring mandates that had produced a large fiscal note; with the amendment the bill focuses on a prohibition of geoengineering and solar‑radiation modification (SRM) activity in the state, notification to a specified set of federal and state agencies, and a tightly constrained emergency exception for cloud seeding tied to a declared catastrophic drought and subject to environmental review, monitoring and DES oversight.

Agency perspective: Department of Environmental Services (DES) staff said the department had received the amendment shortly before the hearing; DES said the notice requirement in the amendment is not burdensome and that the resource and enforcement obligations in the original draft were the source of the large fiscal note. DES described its role as limited under the amended language and noted existing gaps in authority for enforcement of high‑altitude releases originating outside New Hampshire.

Public testimony and controversy: the hearing drew many members of the public raising concerns, some offering personal observations of persistent aircraft plumes and alleging metal particulates and other contaminants. A small number of expert witnesses described test results and alleged environmental contamination; DES and DRA representatives cautioned that the department’s authority to investigate aircraft‑borne releases is limited and that some claims in public testimony rely on nonstandard sampling or methods that require independent verification.

Cloud seeding exception and process: under the amendment cloud seeding would be allowed only after a governor‑declared catastrophic drought and only after a specified environmental review that assesses risks and benefits and ensures activities would not harm public health, wildlife or the environment; DES would maintain oversight of cloud seeding operations in such events. The amendment also requires that DES notify a list of federal agencies and other jurisdictions that would be relevant if the prohibition is in effect.

Ending: proponents said the amendment narrows the bill to a defensible, notice‑plus‑prohibition approach and avoids the fiscal impacts previously estimated; opponents raised questions about practicality and enforcement where releases originate out of state or international waters. The committee closed the hearing with no immediate action taken.