1997 Minnesota Statutes

CHAPTER 42. Weather modification

     42.01 Policy. 

    The legislature finds that it is necessary for the state to 
 regulate weather modification to protect its citizens, but 
 nothing in sections 42.01 to 42.14 shall be construed to 
 encourage or promote weather modification. 

    HIST: 1977 c 426 s 1 

     42.02 Definitions. 

    Subdivision 1.  For the purposes of sections 42.01 to 
 42.14, the terms defined in this section have the meanings given 
 them. 

    Subd. 2. Repealed, 1996 c 310 s 1 

    Subd. 3.  "Person" means any person, firm, association, 
 organization, partnership, company, corporation, private or 
 public, county, city, trust or other public agency. 

    Subd. 4.  "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 year. 

    Subd. 5.  "Commissioner" means the commissioner of 
 agriculture. 

    HIST: 1977 c 426 s 2 

     42.03 Sovereign right claimed by state. 

    It is declared that the state of Minnesota claims its 
 sovereign right to use for the best interest of its residents 
 the moisture contained in the clouds and atmosphere within its 
 sovereign state boundaries. 

    HIST: 1977 c 426 s 3 

     42.04 Commissioner; powers and duties. 

    Subdivision 1.    Powers.  The commissioner of 
 agriculture may: 

    (a) pursuant to chapter 14, adopt rules necessary to 
 implement the license and permit program established pursuant to 
 sections 42.01 to 42.14; 

    (b) enter into contracts or memoranda of agreement and do 
 all things necessary to cooperate with the United States 
 government, and to qualify for, accept and disburse any private 
 grant intended for the administration of sections 42.01 to 
 42.14; 

    (c) cooperate with other states to jointly carry out 
 research and planning in weather modification; 

    (d) advise persons, groups, and local units of government 
 on weather modification and distribute informational material 
 relating to weather modification and review and comment on all 
 county programs of weather modification; and 

    (e) carry on research related to weather modification 
 including evaluation of the effects of weather modification 
 activities within the state by staff members, or by contract.  
 Evaluation of weather modification programs shall, if practical 
 and within limits of available funding, include components of 
 economic and environmental analysis which delineate the economic 
 and environmental implications of the programs. 

    Subd. 2.    Duties.  The commissioner of agriculture 
 shall: 

    (a) utilize to the extent possible the facilities and 
 technical resources of public and private institutions in the 
 state; 

    (b) by rule adopted pursuant to chapter 14, require persons 
 engaged in weather modification to submit reports of their 
 activities and operations and any other information deemed 
 necessary; 

    (c) on or before January 15 of each year, submit a report 
 to the legislature and governor describing the weather 
 modification operations within the state during the preceding 
 year and the social, economic and environmental impact of the 
 operations.  The report shall also include recommendations for 
 legislative action and any other information useful to the 
 legislature. 

    HIST: 1977 c 426 s 4; 1982 c 424 s 130 

     42.05 County programs of weather modification. 

    Counties may, only after approval of the commissioner and 
 subject to the requirements of sections 42.01 to 42.14, conduct 
 programs of weather modification and expend money therefor.  At 
 least two weeks published notice in a newspaper of general 
 circulation within the county must be given before the program 
 of weather modification may begin.  If, within 30 days of a 
 decision by a county to expend funds for weather modification, a 
 petition signed by voters in the county equal in number to ten 
 percent of the votes cast in the county in the last general 
 election or 2,000 voters, whichever is less, requesting a 
 referendum on the proposed expenditure is filed with the county 
 auditor, the funds shall not be expended until it has been 
 submitted to the voters at a general or special election and a 
 majority of votes cast on the question of the expenditure of the 
 funds are affirmative.  No program may be conducted within the 
 county without prior approval by the county board. 

    HIST: 1977 c 426 s 5 

     42.06 Licenses. 

    Subdivision 1.  No person shall engage in weather 
 modification without a license issued by the commissioner.  
 Applications for weather modification licenses shall be on forms 
 prescribed and furnished by the commissioner.  The applicant 
 shall pay a fee of $100. The license shall be valid for one 
 year.  The commissioner may waive the license fee in situations 
 the commissioner deems appropriate. 

    Subd. 2.  The commissioner shall issue licenses only to 
 applicants who demonstrate good character, adequate education 
 and sufficient competence in the field of meteorology and cloud 
 physics to engage in weather modification.  At a minimum, each 
 applicant shall meet at least one of the following: 

    (1) demonstrate at least eight years of experience at the 
 professional level in weather modification field research or 
 operations, at least three of these years as a professional 
 director; or 

    (2) has obtained a baccalaureate degree in engineering, 
 mathematics, or the physical sciences plus three years 
 experience in weather modification field research or operations; 
 or 

    (3) has obtained a baccalaureate degree in meteorology, or 
 a degree in engineering or the physical sciences which includes, 
 or is in addition to, the equivalent of at least 25 semester 
 hours of meteorological course work and two years practical 
 experience in weather modification operations or research. 

    If the applicant is an organization, the competence must be 
 demonstrated by the individuals who are to supervise and conduct 
 the weather modification. 

    Subd. 3.  The commissioner may renew a license annually if 
 the applicant has the qualifications necessary for issuance of 
 an original license and pays a fee of $100. 

    Subd. 4. Repealed, 1996 c 310 s 1 

    HIST: 1977 c 426 s 6; 1986 c 444 

     42.07 Suspension; revocation; refusal to renew license. 

    The commissioner shall, subject to the provisions of 
 chapter 14, suspend, revoke or refuse to renew a license for any 
 one or any combination of the following causes: 

    (1) Incompetency; 

    (2) Dishonest practice; 

    (3) False or fraudulent representation in obtaining a 
 license or permit under sections 42.01 to 42.14 or rules 
 promulgated thereunder; 

    (4) Failure to comply with any of the provisions of 
 sections 42.01 to 42.14 or of rules promulgated thereunder; or 

    (5) Aiding other persons who fail to comply with any of the 
 provisions of sections 42.01 to 42.14 or rules promulgated 
 thereunder. 

    HIST: 1977 c 426 s 7; 1982 c 424 s 130 

     42.08 Investigation. 

    The commissioner may investigate any operation or research 
 and development activities of any person applying for a license 
 and of any person holding or claiming to hold a license or 
 permit. 

    HIST: 1977 c 426 s 8 

     42.09 Permits. 

    Subdivision 1.  No person shall conduct an operation 
 without a permit issued by the commissioner.  Applications for 
 permits shall be on forms prescribed and furnished by the 
 commissioner.  Permits shall be issued only to applicants who 
 hold a valid weather modification license, pay a fee of $100 and 
 furnish proof of financial responsibility pursuant to 
 subdivision 2.  Prior to conducting an operation, the permittee 
 shall publish notice of the operation as the commissioner shall 
 require and shall give written notice to the county boards of 
 the counties over which the operation is to be conducted and 
 counties contiguous thereto.  The permit shall be valid for one 
 year or until the operation terminates, whichever first occurs. 

    Subd. 2.  The applicant shall demonstrate to the 
 satisfaction of the commissioner the ability to respond to 
 damages for liability which might reasonably result from the 
 operation for which the permit is sought. 

    Subd. 3. Repealed, 1996 c 310 s 1 

    Subd. 4.  To the extent the commissioner deems necessary, 
 emergency weather modification operations for the purpose of 
 controlling fire, frost, sleet, hail, fog, or wind shall be 
 exempt from the permit requirements. 

    Subd. 5.  The commissioner may renew a permit annually if 
 the applicant has the qualifications necessary for issuance of 
 an original permit and pays a fee of $100. 

    Subd. 6.  No permit shall be issued to use a cloud seeding 
 apparatus which emits cloud seeding material into the air when 
 located on or in contact with the ground. 

    Subd. 7.  Before a permit is issued, the commissioner may 
 hold an informal hearing on the permit, at a location within the 
 same geographic area as the proposed operation will be conducted.

    Subd. 8.  No more than one weather modification permit 
 shall be issued for a given geographic area. 

    Subd. 9.  The applicant must submit a complete operational 
 plan for each proposed project prepared by the licensee who 
 shall conduct the operation, which shall include, but not be 
 limited to: 

    (a) a specific statement of the nature and objectives of 
 the intended operation, 

    (b) a map of the proposed operating area which specifies 
 the primary target area and shows the area reasonably expected 
 to be affected and a rain gauge system for both seeded and 
 downwind areas, 

    (c) an estimate of the amount of cloud seeding material 
 expected to be placed in the clouds, 

    (d) a statement of the types of clouds to be seeded and 
 identification of a procedure for random selection of at least a 
 portion of the clouds to be seeded during the operation, 

    (e) the name and address of the licensee, 

    (f) the person or organization on whose behalf it is to be 
 conducted, 

    (g) a statement showing any expected effect upon the 
 environment and results of weather modification operations, and 
 methods of determining and properly evaluating that operation, 
 and any other detailed information as may be required to 
 describe the operation and its proposed method of evaluation. 

    HIST: 1977 c 426 s 9; 1985 c 248 s 11; 1986 c 444 

     42.10 Suspension; revocation and refusal to renew permit.

    Subdivision 1.  The commissioner shall, subject to chapter 
 14, suspend or revoke a permit if it appears that the permittee 
 no longer has the qualifications necessary for the issuance of 
 an original permit or has violated any provision of sections 
 42.01 to 42.14 or of any rules promulgated thereunder. 

    Subd. 2.  The commissioner shall, subject to chapter 14, 
 refuse to renew a permit if it appears from the operational 
 records and reports of the permittee that an original permit 
 would not be issuable for the operation, or if the permittee has 
 violated any provision of sections 42.01 to 42.14 or of any 
 rules promulgated thereunder. 

    HIST: 1977 c 426 s 10; 1982 c 424 s 130 

     42.11 Modification of permit. 

    Subdivision 1.    To protect public.  The commissioner 
 may revise the conditions and limits of a permit if: 

    (a) The permittee is given notice and a hearing, pursuant 
 to chapter 14, on whether there is a need for the revision and 
 the commissioner finds that a modification of the conditions and 
 limits of a permit is necessary to protect the public health, 
 safety or welfare, or the environment. 

    (b) If it appears to the commissioner that an emergency 
 situation exists or is impending which could endanger the public 
 safety, health or welfare, or the environment, the commissioner 
 may, without prior notice or a hearing, immediately modify the 
 conditions and limits of a permit, or order temporary suspension 
 of the permit.  The order shall include notice of a hearing to 
 be held pursuant to chapter 14 within ten days thereafter on the 
 question of permanently modifying the conditions and limits, 
 continuing the suspension of the permit, removing the changes or 
 lifting the suspension. 

    Subd. 2.    Failure to comply.  Failure to comply with 
 an order temporarily suspending an operation or modifying the 
 conditions and limits of a permit shall be grounds for immediate 
 revocation of the permit and of the license of the person 
 controlling the operation. 

    Subd. 3.    Notice of emergencies.  The permittee shall 
 notify the commissioner of any emergency which can reasonably be 
 foreseen, or of any existing emergency situations which might be 
 caused or affected by the operation.  Failure by the permittee 
 to so notify the commissioner may be grounds, at the discretion 
 of the commissioner, for revocation of the permit and of the 
 license of the person controlling the operation. 

    HIST: 1977 c 426 s 11; 1982 c 424 s 130 

     42.12 Penalty. 

    Any person violating any of the provisions of sections 
 42.01 to 42.14 or of any rule promulgated thereunder is guilty 
 of a misdemeanor, and each day such violation continues 
 constitutes a separate offense. 

    HIST: 1977 c 426 s 12 

     42.13 Legal action. 

    Other than in legal actions charging failure to obtain a 
 license and permit, the fact that a person holds a license or 
 was issued a permit under sections 42.01 to 42.14, or that a 
 person has complied with the rules made by the commissioner 
 pursuant to sections 42.01 to 42.14, is not admissible as a 
 defense in any legal action which may be brought under this 
 section against such person. 

    HIST: 1977 c 426 s 13 

     42.14 Injunction. 

    The commissioner may, in addition to the other remedies 
 provided in sections 42.01 to 42.14, apply to a district court 
 having venue and jurisdiction, for an injunction to restrain 
 repetitious violations of the provisions of sections 42.01 to 
 42.14 and of any rule promulgated thereunder. 

    HIST: 1977 c 426 s 14