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2 | 2 | | HOUSE DOCKET, NO. 3035 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2411 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patricia A. Duffy, (BY REQUEST) |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act reducing non-ionizing radiation in early to higher education. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kirstin Beatty149 Central Park Drive, Holyoke, MA |
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16 | 16 | | 01040 |
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17 | 17 | | 1/16/2025 1 of 12 |
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18 | 18 | | HOUSE DOCKET, NO. 3035 FILED ON: 1/16/2025 |
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19 | 19 | | HOUSE . . . . . . . . . . . . . . . No. 2411 |
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20 | 20 | | By Representative Duffy of Holyoke (by request), a petition (accompanied by bill, House, No. |
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21 | 21 | | 2411) of Kirstin Beatty relative to reducing non-thermal non-ionizing radiation exposures from |
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22 | 22 | | technology and electricity. Public Health. |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act reducing non-ionizing radiation in early to higher education. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. The legislature finds and confirms all of the following:- |
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32 | 32 | | 2 Whereas, several countries prohibit wireless in public schools; California and several |
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33 | 33 | | 3countries limit strong fields from electricity in public schools - yet Massachusetts has done |
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34 | 34 | | 4nothing. |
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35 | 35 | | 5 Whereas, fields and poor power quality from electricity can be limited through shielding, |
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36 | 36 | | 6filters, and other design, but wireless is essentially unshielded and unregulated. |
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37 | 37 | | 7 Whereas, only 50 studies led the U.S. Surgeon General to warn the public of tobacco's |
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38 | 38 | | 8cancer risks, but hundreds and perhaps thousands of studies show harm caused by non-thermal |
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39 | 39 | | 9non-ionizing radiation, which includes both electricity and wireless. |
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40 | 40 | | 10 Whereas, FCC wireless guidelines fail to acknowledge wireless harm, despite numerous |
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41 | 41 | | 11studies showing concrete harm such as based on examination of blood, cells, human 2 of 12 |
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42 | 42 | | 12epidemiology, animal autopsy, and extended animal exposure studies, the latter including from |
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43 | 43 | | 13research by the U.S. National Toxicological Program and the Italian Ramazzini Institutes |
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44 | 44 | | 14indicating heart damage, DNA damage, and tumors including deadly glioblastomas. |
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45 | 45 | | 15 Whereas, strong fields and poor power quality from electricity can harm health, with |
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46 | 46 | | 16numerous statistical findings of increased cancer as well as other diseases -- in 2002 the |
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47 | 47 | | 17International Agency for Research on Cancer (IARC) classed these frequencies as possibly |
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48 | 48 | | 18carcinogenic based on increased leukemia risks in epidemiological studies but epidemiological |
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49 | 49 | | 19studies also show increased neurological diseases such as amyotrophic lateral sclerosis (ALS) |
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50 | 50 | | 20and Alzheimer's. |
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51 | 51 | | 21 Whereas, approximately a thousand studies show non-ionizing radiation that is a million |
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52 | 52 | | 22times below legal limits set by the FCC still disrupts calcium function, and because calcium is |
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53 | 53 | | 23essential to cell signaling this effect disrupts many biological processes. |
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54 | 54 | | 24 Whereas, the federal government fosters wireless schools by subsidizing only wireless |
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55 | 55 | | 25connectivity through its federal E-rate program, despite studies showing that youth are more |
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56 | 56 | | 26susceptible to harm than adults and despite evidence of increased mental health disturbance and |
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57 | 57 | | 27learning disabilities from exposures. |
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58 | 58 | | 28 Whereas, the mission of the department and board of elementary and secondary |
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59 | 59 | | 29education fails to acknowledge any role in fostering environmental health, and thus the drive to |
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60 | 60 | | 30use technology is unchecked by physical and mental health considerations. |
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61 | 61 | | 31 Resolved, that the policy goals of this act shall be to actively reduce non-thermal non- |
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62 | 62 | | 32ionizing radiation exposures from technology and electricity by establishing a process for public 3 of 12 |
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63 | 63 | | 33schools and higher education; providing guidance and evaluation through state boards; and |
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64 | 64 | | 34rectifying the public education mission to include attention to environmental health. |
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65 | 65 | | 35 SECTION 2. Chapter 71 of the General Laws is hereby amended by adding after section |
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66 | 66 | | 3697 the following new section:- |
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67 | 67 | | 37 Section 98. (a) Definitions. As used in this section, the following words shall have the |
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68 | 68 | | 38following meanings: |
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69 | 69 | | 39 "Collocation" means the act of siting facilities on an existing structure without the need to |
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70 | 70 | | 40construct11a new support structure and without a substantial change in the size of an existing |
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71 | 71 | | 41wireless service facility. |
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72 | 72 | | 42 "Distributed antenna system" means a network system consisting of one or more nodes |
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73 | 73 | | 43connected by a fiber system to a wireless service provider's base transceiver station or other |
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74 | 74 | | 44location. |
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75 | 75 | | 45 “Mobile service” means the same as defined in 47 USC § 153(33), as may be amended. |
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76 | 76 | | 46 “Non-ionizing radiation” means electric and magnetic fields emitted from frequencies |
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77 | 77 | | 47ranging from 0 hertz through 300 gigahertz. |
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78 | 78 | | 48 “Small cell network" means a network consisting of one or more nodes connected, |
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79 | 79 | | 49directly or indirectly, by fiber to a wireless service provider's mobile switching center or other |
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80 | 80 | | 50point of interconnection. |
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81 | 81 | | 51 “Structure” means a pole, tower, base station, or other building, whether or not it has an |
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82 | 82 | | 52existing antenna facility, that is used or to be used for the provision of personal wireless service |
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83 | 83 | | 53(whether on its own or commingled with other types of services). 4 of 12 |
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84 | 84 | | 54 “Telecommunications service” means the offering of telecommunications for a fee |
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85 | 85 | | 55directly to the public, or to such classes of users as to be effectively available directly to the |
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86 | 86 | | 56public, regardless of the facilities used. |
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87 | 87 | | 57 (b) To the extent possible and within its means, every public school shall eliminate man- |
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88 | 88 | | 58made non-ionizing radiation emissions known or likely to be harmful. To the extent possible and |
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89 | 89 | | 59within its means, every public school shall establish measures and take action to reduce man- |
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90 | 90 | | 60made non-ionizing radiation emissions which are (1) potentially harmful; (2) unintentional; or |
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91 | 91 | | 61(3) of unknown effect. |
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92 | 92 | | 62 (c) Initial measures. Every public or independent school shall insure, as long as any |
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93 | 93 | | 63wireless antennas exist on school property and transmit, that such antennas are set to emit the |
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94 | 94 | | 64minimum of power density possible for the minimum time necessary with the minimum of |
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95 | 95 | | 65pulsing and data. |
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96 | 96 | | 66 Every public school shall prioritize prompt replacement of wireless broadband and |
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97 | 97 | | 67telecommunications connectivity in favor of hard-wired access, and shall educate its students and |
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98 | 98 | | 68staff on reducing non-ionizing radiation exposures at school and at home for better health. |
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99 | 99 | | 69 Upon resetting any existing wireless antennas to end or minimize transmissions, every |
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100 | 100 | | 70public school shall establish routine monitoring systems to insure wireless transmissions do not |
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101 | 101 | | 71restart. |
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102 | 102 | | 72 (d) Continuing measures. Every public school shall set objectives to methodically reduce |
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103 | 103 | | 73all non-ionizing radiation exposures, reasonable deadlines to meet these objectives, and shall |
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104 | 104 | | 74keep public records of progress towards each objective as well as a public record of why any |
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105 | 105 | | 75objectives have not been obtained. 5 of 12 |
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106 | 106 | | 76 (e) Wireless Infrastructure. All public public schools and associated school districts shall |
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107 | 107 | | 77prohibit use of school property for construction of facilities to provide telecommunications |
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108 | 108 | | 78service and other mobile services including, but not limited to, (1) site distributed antenna |
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109 | 109 | | 79systems and small cell networks; (2) any structure; and (3) collocation of distributed antenna |
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110 | 110 | | 80systems and small cell networks on existing wireless communications infrastructure. Where such |
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111 | 111 | | 81facilities are preexisting the public school district shall seek, to the extent within its means and |
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112 | 112 | | 82with the support of the Commonwealth, removal of such facilities. |
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113 | 113 | | 83 (f) Accountability. Administration and good faith progress towards all of the objectives |
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114 | 114 | | 84of this section shall be a component of any public school or district review. |
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115 | 115 | | 85 SECTION 3. Chapter 15A of the General Laws is hereby amended by adding after |
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116 | 116 | | 86Section 15 the following section:- |
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117 | 117 | | 87 Section 15A. (a) Definitions. As used in this section, the following words shall have the |
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118 | 118 | | 88following meanings: |
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119 | 119 | | 89 "Collocation" means the act of siting facilities on an existing structure without the need to |
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120 | 120 | | 90construct a new support structure and without a substantial change in the size of an existing |
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121 | 121 | | 91wireless service facility. |
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122 | 122 | | 92 "Distributed antenna system" means a network system consisting of one or more nodes |
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123 | 123 | | 93connected by a fiber system to a wireless service provider's base transceiver station or other |
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124 | 124 | | 94location. |
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125 | 125 | | 95 “Mobile service” means the same as defined in 47 USC § 153(33), as may be amended. 6 of 12 |
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126 | 126 | | 96 “Non-ionizing radiation” means electric and magnetic fields emitted from frequencies |
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127 | 127 | | 97ranging from 0 hertz through 300 gigahertz. |
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128 | 128 | | 98 “Small cell network" means a network consisting of one or more nodes connected, |
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129 | 129 | | 99directly or indirectly, by fiber to a wireless service provider's mobile switching center or other |
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130 | 130 | | 100point of interconnection. |
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131 | 131 | | 101 “Structure” means a pole, tower, base station, or other building, whether or not it has an |
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132 | 132 | | 102existing antenna facility, that is used or to be used for the provision of personal wireless service |
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133 | 133 | | 103(whether on its own or commingled with other types of services). |
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134 | 134 | | 104 “Telecommunications service” means the offering of telecommunications for a fee |
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135 | 135 | | 105directly to the public, or to such classes of users as to be effectively available directly to the |
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136 | 136 | | 106public, regardless of the facilities used. |
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137 | 137 | | 107 (b) To the extent feasible, every public or independent institution of higher education |
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138 | 138 | | 108located in the Commonwealth of Massachusetts and authorized to grant degrees pursuant to any |
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139 | 139 | | 109general or special law shall eliminate exposures to man-made non-ionizing radiation known or |
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140 | 140 | | 110likely to be harmful. To the extent feasible, every institution shall establish measures and take |
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141 | 141 | | 111action to reduce exposures to man-made non-ionizing radiation which is (1) potentially harmful; |
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142 | 142 | | 112(2) unintentional; or (3) of unknown effect. |
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143 | 143 | | 113 (c) Initial measures. Institutions shall take the following initial steps. Every institution |
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144 | 144 | | 114shall insure, as long as any wireless antennas exist on school property and transmit, that such |
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145 | 145 | | 115antennas are set to emit the minimum of power density possible for the minimum time necessary |
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146 | 146 | | 116with the minimum of pulsing and data. 7 of 12 |
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147 | 147 | | 117 Every institution shall prioritize prompt replacement of wireless broadband and |
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148 | 148 | | 118telecommunications connectivity in favor of hard-wired access, and shall educate its students and |
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149 | 149 | | 119staff on reducing non-ionizing radiation exposures at school and at home for better health. |
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150 | 150 | | 120 Upon resetting any existing wireless antennas to end or minimize transmissions, every |
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151 | 151 | | 121institution shall establish routine monitoring systems to insure wireless transmissions do not |
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152 | 152 | | 122reset. |
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153 | 153 | | 123 (d) Continuing measures. Every institution shall set objectives to methodically reduce all |
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154 | 154 | | 124non-ionizing radiation exposures, reasonable deadlines to meet these objectives, and shall keep |
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155 | 155 | | 125public records of progress towards each objective as well as a public record of why any |
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156 | 156 | | 126objectives have not been obtained. |
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157 | 157 | | 127 (e) Wireless Infrastructure. All institutions shall prohibit use of campus property for |
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158 | 158 | | 128construction of facilities to provide telecommunications service and other mobile services |
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159 | 159 | | 129including, but not limited to, (1) site distributed antenna systems and small cell networks; (2) any |
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160 | 160 | | 130structure; and (3) collocation of distributed antenna systems and small cell networks on existing |
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161 | 161 | | 131wireless communications infrastructure. Where such facilities are preexisting the institution shall |
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162 | 162 | | 132seek, to the extent within its means and with the support of the Commonwealth, removal of such |
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163 | 163 | | 133facilities. |
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164 | 164 | | 134 SECTION 4. Chapter 71 of the General Laws is hereby amended by adding after section |
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165 | 165 | | 13597 the following section:- |
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166 | 166 | | 136 Section 99. (a) The department of elementary and secondary education, working with the |
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167 | 167 | | 137board of elementary and secondary education, shall develop guidance and recommendations to 8 of 12 |
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168 | 168 | | 138assist schools in reducing man-made non-ionizing radiation exposures which are (1) known or |
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169 | 169 | | 139likely to be harmful; (2) potentially harmful; (3) unintentional; or (4) of unknown effect. |
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170 | 170 | | 140 (b) Development. Guidelines shall be based on current science independent of industry |
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171 | 171 | | 141influence and shall adopt a cautionary stance. Guidelines shall provide varying approaches in |
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172 | 172 | | 142order to account for the variable financial abilities and circumstances of school districts. The |
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173 | 173 | | 143department shall consider practices that protect the health and safety of public school students |
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174 | 174 | | 144and staff, and may consult with experts provided the following conditions are met: (1) the expert |
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175 | 175 | | 145is acknowledged and named in publication of relevant findings; (2) the expert has an appropriate |
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176 | 176 | | 146professional and educational background for the expertise provided; and (3) the expert is free of |
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177 | 177 | | 147conflicts of interest and free of industry clients, the latter excepting engineers contracted with |
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178 | 178 | | 148industry only to reduce non-ionizing radiation exposures. |
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179 | 179 | | 149 The department shall annually review and update guidance affecting, but not limited to, |
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180 | 180 | | 150the purchase, installation, and use of broadband services, digital devices, electrical equipment, |
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181 | 181 | | 151lighting, and telecommunications services. |
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182 | 182 | | 152 (c) Adoption. From the recommendations, the board of elementary and secondary |
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183 | 183 | | 153education shall select those which can quickly and easily be adopted without a financial burden |
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184 | 184 | | 154and require adoption as soon as can be arranged. For the remainder, the board of elementary and |
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185 | 185 | | 155secondary education shall set reasonable deadlines for adoption, and shall prioritize measures |
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186 | 186 | | 156which dramatically reduce detrimental exposures and improve health. The board of elementary |
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187 | 187 | | 157and secondary education shall annually review and update as necessary. |
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188 | 188 | | 158 Regardless of board guidance, any school in the Commonwealth shall be allowed to set |
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189 | 189 | | 159more stringent goals to further reduce non-ionizing radiation exposures. 9 of 12 |
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190 | 190 | | 160 (d) The board of elementary and secondary education shall develop a procedure to |
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191 | 191 | | 161evaluate the administration and good faith efforts of public schools to reduce non-ionizing |
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192 | 192 | | 162radiation in accordance with state and federal law. The evaluation shall be designed in a manner |
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193 | 193 | | 163which limits the digital reporting requirements and bureaucratic burden. |
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194 | 194 | | 164 (e) If financial or other obstacles block the intent of this section, the secretary of |
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195 | 195 | | 165education shall submit to the Governor and the state legislature an explanation. |
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196 | 196 | | 166 SECTION 5. Chapter 15A of the General Laws is hereby amended by adding after |
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197 | 197 | | 167section 44 the following section:- |
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198 | 198 | | 168 Section 45. (a) To assist public and independent institutions authorized to grant degrees |
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199 | 199 | | 169pursuant to any general or special law, the board of higher education shall develop guidance and |
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200 | 200 | | 170recommendations in reducing man-made non-ionizing radiation exposures which are (1) known |
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201 | 201 | | 171or likely to be harmful; (2) potentially harmful; (3) unintentional; or (4) of unknown effect. |
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202 | 202 | | 172 (b) Development. Guidelines shall be based on current science independent of industry |
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203 | 203 | | 173influence and shall adopt a cautionary stance. Guidelines shall provide varying approaches in |
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204 | 204 | | 174order to account for the variable circumstances of institutions. The board shall consider practices |
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205 | 205 | | 175that protect the health and safety of public school students and staff, and may consult with |
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206 | 206 | | 176experts provided the following conditions are met: (1) the expert is acknowledged and named in |
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207 | 207 | | 177publication of findings; (2) the expert has an appropriate professional and educational |
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208 | 208 | | 178background for the expertise provided; and (3) the expert is free of conflicts of interest and free |
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209 | 209 | | 179of industry clients, the latter excepting engineers contracted with industry only to reduce non- |
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210 | 210 | | 180ionizing radiation exposures. 10 of 12 |
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211 | 211 | | 181 The board shall annually review and update guidance affecting, but not limited to, the |
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212 | 212 | | 182purchase, installation, and use of broadband services, digital devices, electrical equipment, |
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213 | 213 | | 183lighting, and telecommunications services. |
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214 | 214 | | 184 (c) Adoption. From the recommendations, the board shall select those which can quickly |
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215 | 215 | | 185and easily be adopted without a financial burden and require adoption as soon as can be |
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216 | 216 | | 186arranged. For the remainder, the board shall set reasonable deadlines for adoption, and shall |
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217 | 217 | | 187prioritize measures which dramatically reduce detrimental exposures and improve health. The |
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218 | 218 | | 188board shall annually review and update as necessary. |
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219 | 219 | | 189 Regardless of board guidance, any institution in the Commonwealth shall be allowed and |
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220 | 220 | | 190encouraged to set more stringent goals to further reduce non-ionizing radiation exposures. |
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221 | 221 | | 191 (d) Accountability. The board shall develop a procedure to evaluate the administration |
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222 | 222 | | 192and good faith efforts of every public and independent institution of higher education in the |
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223 | 223 | | 193Commonwealth to reduce non-ionizing radiation in accordance with state and federal law. The |
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224 | 224 | | 194evaluation shall be designed in a manner which limits the digital reporting and bureaucratic |
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225 | 225 | | 195burden. |
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226 | 226 | | 196 SECTION 6. Chapter 15D of the General Laws is hereby amended by adding after |
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227 | 227 | | 197section 11 the following section:- |
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228 | 228 | | 198 Section 11A. (a) The board of early education and care shall develop early education |
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229 | 229 | | 199guidance and recommendations to reduce exposures to man-made non-ionizing radiation |
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230 | 230 | | 200exposures which are (1) known or likely to be harmful; (2) potentially harmful; (3) unintentional; |
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231 | 231 | | 201or (4) of unknown effect. The board of early education and care may choose to coordinate with |
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232 | 232 | | 202the department of elementary and secondary education. 11 of 12 |
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233 | 233 | | 203 (b) Development. Guidelines shall be based on current science independent of industry |
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234 | 234 | | 204influence and shall adopt a cautionary stance. Guidelines shall provide varying approaches in |
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235 | 235 | | 205order to account for the variable conditions of early education facilities. The board shall consider |
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236 | 236 | | 206practices that protect the health and safety of public school students and staff, and may consult |
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237 | 237 | | 207with experts provided the following conditions are met: (1) the expert is acknowledged and |
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238 | 238 | | 208named in publication of relevant findings; (2) the expert has an appropriate professional and |
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239 | 239 | | 209educational background for the expertise provided; and (3) the expert is free of conflicts of |
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240 | 240 | | 210interest and free of industry clients, the latter excepting engineers contracted with industry only |
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241 | 241 | | 211to reduce non-ionizing radiation exposures. |
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242 | 242 | | 212 With respect to wireless, the board of early education and care shall prioritize |
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243 | 243 | | 213establishing hard-wired over wireless connections and elimination of wireless transmitters near |
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244 | 244 | | 214or in child care areas. With respect to fields from electricity, the board shall support measures to |
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245 | 245 | | 215limit proximity to children and field strength. |
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246 | 246 | | 216 The board of early education and care shall annually review and update guidance |
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247 | 247 | | 217affecting, but not limited to, the purchase, installation, and use of broadband services, digital |
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248 | 248 | | 218devices, electrical equipment, lighting, and telecommunications services. |
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249 | 249 | | 219 (c) Adoption. From the recommendations, the board shall select those which can quickly |
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250 | 250 | | 220and easily be adopted without a financial burden and require adoption as soon as can be |
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251 | 251 | | 221arranged. For the remainder, the board shall set reasonable deadlines for adoption, and shall |
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252 | 252 | | 222prioritize measures which dramatically reduce detrimental exposures and improve health. The |
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253 | 253 | | 223board shall annually review and update as necessary. 12 of 12 |
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254 | 254 | | 224 Regardless of board guidance, any early education facility in the Commonwealth shall be |
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255 | 255 | | 225allowed to set more stringent goals to further reduce non-ionizing radiation exposures. |
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256 | 256 | | 226 SECTION 7. Section 1 of chapter 69 of the General Laws is hereby amended by striking |
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257 | 257 | | 227out the last sentence and inserting in place the following sentence:- |
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258 | 258 | | 228 It is therefore the intent of this title to ensure: (1) that each public school classroom |
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259 | 259 | | 229provides the conditions for all pupils to engage fully in learning as an inherently meaningful and |
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260 | 260 | | 230enjoyable activity without threats to their sense of security or self-esteem, (2) a consistent |
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261 | 261 | | 231commitment of resources sufficient to provide a high quality public education to every child, (3) |
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262 | 262 | | 232a respectful process for attending to student academic needs and developing talents; (4) an |
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263 | 263 | | 233effective system for supporting positive school climates, teacher quality, and professionalism; |
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264 | 264 | | 234and (5) insuring the environmental health and safety of public school classrooms by supporting |
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265 | 265 | | 235and developing policies and procedures designed to improve and monitor environmental health |
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266 | 266 | | 236of public school buildings. |
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