A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CLEAN AIR ACT" BY AMENDING SECTION 48-1-110, RELATING IN PART TO UNLAWFUL DISCHARGES OF AIR CONTAMINANTS, SO AS TO PROHIBIT THE INTENTIONAL EMISSION OF ANY AIR CONTAMINANT WHOSE PURPOSE IS TO AFFECT TEMPERATURE, WEATHER, OR SUNLIGHT INTENSITY; TO ESTABLISH CRIMINAL PENALTIES; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO TAKE CERTAIN ACTIONS, TO AUTHORIZE PRIVATE CITIZENS TO FILE LEGAL PROCEEDINGS; AND FOR OTHER PURPOSES.

 

Whereas, the risk to human health and environmental welfare from broad scale geoengineering is more understood; and

 

Whereas, it is the intent of the State of South Carolina to protect the public health and welfare of South Carolina while allowing all authorized activities permitted under state law. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Clean Air Act."

 

SECTION 2.  Section 48-1-110(e) of the S.C. Code is amended to read:

 

    (e)(1) It shall beis unlawful for any person, directly or indirectly, negligently or willfullywilfully, to discharge any air contaminant or other substance in the ambient air that shall cause an undesirablea hazardous level.

       (2)(A) It is unlawful for a person to intentionally inject, release, or disperse, by any means, chemicals, chemical compounds, substances, or apparatus and energy frequencies manipulation within the borders of the State in the atmosphere with the express purpose of affecting temperature, weather, or the intensity of storms and the dimming of the sunlight. The prohibitions of this item include the manipulation of weather systems in storing through the means of aerosol injection chemicals, chemical compounds, substances, or apparatus for the purpose of intensifying the weather for any reason to harm persons or destroy property.

           (B) Notwithstanding the penalties set forth in Section 48-1-320, a person who intentionally violates this item is guilty of a felony and upon conviction, the person may be imprisoned up to ten years and must be fined not less than five hundred thousand dollars for each day's violation.

           (C) The provisions of this item do not apply to any person whose cloud seeding is a result of a publicly approved contract.

       (3) The Department of Environmental Services must make information available to the public detailing the harmful effects to a person's health and personal property that result from chemicals being released into the atmosphere. No exemption to the state Freedom of Information Act prohibits the release of documents, reports, and other records relating to stratospheric aerosol injection or any other prohibited conduct, upon request.

       (4)(A)(i) Notwithstanding any provision of state or federal law to the contrary, a private citizen may file a private action against the federal government for the destruction of health and personal property.

               (ii) A private citizen who files a private action pursuant to this subitem is entitled to civil and criminal immunity for any testimony provided, including whistleblower immunity.

           (B)(i) Notwithstanding any provision of state or federal law to the contrary, a private citizen may file a private action against any airport, chemical or related vendor, pilot, or general aviation flight company for any action that facilitates or assists SAI activities. An employee of an airport who allows a plane to land, depart, refuel, refill, or make aircraft repairs with knowledge of the plane's intent to perform SAI activities may be sued pursuant to this subitem.

               (ii) A private citizen who, in an action brought pursuant to this subitem, proves the occurrence of flights performing or attempting to perform SAI activities including, but not limited to, the injection of aerosols, is not required to prove actual damages; rather, a verdict in favor of the private citizen entitles the private citizen to nominal damages of at least two thousand five hundred dollars and not more than five thousand dollars and reasonable attorney's fees as ordered by the court.

               (iii) An employee of an airport who allows a plane to land, depart, refuel, refill, or make aircraft repairs with knowledge of the plane's intent to perform SAI activities, or who otherwise assists in SAI activities and flights, is guilty of a misdemeanor and, upon conviction, may be imprisoned not more than three years.

               (iv) A pilot or any owner or officer of an airport or general aviation flight company who violates the provisions of this section is guilty of a felony and, upon conviction:

                  (aa) for a first offense, must be fined not more two hundred fifty thousand dollars or imprisoned not more than five years, or both;

                  (bb) for a second offense, must be fined not more five hundred thousand dollars or imprisoned not more than ten years, or both; and

                  (cc) for a third offense, must be fined not more than one million dollars and may be subject to a sentence of life imprisonment, or both.

               (v) For purposes of this subitem, "SAI" means stratospheric aerosol injection.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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