Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H361 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3553 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 361
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act reducing electromagnetic radiation emitted by technology through settings, design, and
13	13	specific limits.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Kirstin Beatty149 Central Park Drive, Holyoke, MA
17	17	01040
18	18	1/17/2025 1 of 12
19	19	HOUSE DOCKET, NO. 3553 FILED ON: 1/17/2025
20	20	HOUSE . . . . . . . . . . . . . . . No. 361
21	21	By Representative Duffy of Holyoke (by request), a petition (accompanied by bill, House, No.
22	22	361) of Kirstin Beatty relative to corporate radiation limits. Consumer Protection and
23	23	Professional Licensure.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act reducing electromagnetic radiation emitted by technology through settings, design, and
30	30	specific limits.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. The legislature finds and confirms all of the following:-
34	34	2 Whereas, the International Commission on the Biological Effects of Electromagnetic
35	35	3Fields (ICBE-EMF.org) has provided simple software and hardware solutions that could
36	36	4dramatically reduce our wireless exposures, while noting that even if such exposures continue
37	37	5they are harmful.
38	38	6 Whereas, cellphones are typically the largest individual exposure to radiofrequency
39	39	7radiation, exceeding that of far field cell towers, with requirements to utilize cellphones in all
40	40	8facets of life have increased since 2004.
41	41	9 Whereas, studies show proximity to cell towers increases cancer, such as a study finding
42	42	1010.5 times greater cancer incidence for women after only the second year of a cell tower
43	43	11installation, despite electromagnetic radiofrequency exposures 1000 times less that U.S. FCC 2 of 12
44	44	12limits; or another study finding cancer death rates significantly elevated within 500 meters of a
45	45	13cell tower (Wolf & Wolf, 2004; Dode et al, 2011)
46	46	14 Whereas, scientists Henry Lai and Narendra Singh decades ago found that radiation
47	47	15comparable to cellphones could cause DNA breaks, but then faced propaganda from industry to
48	48	16discredit their work; Lai has since then compiled peer-reviewed studies to show that most studies
49	49	17find DNA damage, neurological effects, genetic effects, etc., as listed at the Bioinitiative (.org), a
50	50	18scientific project which industry has also sought to discredit.
51	51	19 Whereas, the scientific literature reveals serious threats to life from current wireless
52	52	20exposures such as numerous studies finding damage to sperm and ovaries; DNA damage that can
53	53	21cause germ line mutations in following generations; and infertility in mice after a few
54	54	22generations of wireless radiation exposure (Magdas & Xenos, 1997).
55	55	23 Whereas, reducing power density may reduce some mechanisms of harm as may
56	56	24increasing off-line functionality of wireless devices, but scientific studies also show that
57	57	25extremely low power density exposure allows serious biological effects that still must otherwise
58	58	26be addressed, beginning with limits on particularly vulnerable populations such as children and
59	59	27pregnant women.
60	60	28 Resolved, that the policy goals of this act shall be to limit electromagnetic radiation from
61	61	290 hertz through 300 gigahertz that is emitted by technology by requiring:
62	62	30 (a) technology companies to add design modifications in products that reduce wireless
63	63	31exposures such as improving off-line functionality and limiting transmissions; 3 of 12
64	64	32 (b) technology companies to include design modifications that reduce electric and
65	65	33magnetic fields such as shielding and quality filtering;
66	66	34 (c) best practices for settings, selection, and installation of technology software,
67	67	35equipment, and infrastructure;
68	68	36 (d) future-proofing products and equipment to enable wired functionality with reduced
69	69	37electromagnetic emissions.
70	70	38 SECTION 2. The General Laws are hereby amended by inserting after chapter 166A the
71	71	39following new chapter:
72	72	40 CHAPTER 166B.
73	73	41 CORPORATE RADIATION LIMITS
74	74	42 Section 1.
75	75	43 (a) As used in this section, the following terms shall have the following meanings:
76	76	44 "As Safe As Reasonable and Achievable" or "ASARAA" means that when humans or the
77	77	45environment are exposed to radiation from technology, the exposure should be as safe as is
78	78	46reasonable and achievable with respect to all software design, installation, and technological
79	79	47aspects, such as with regard to but not limited to non-use (an elimination of exposure), pulsing,
80	80	48modulation, frequencies, resonance, power density, polarization, power quality, distance of
81	81	49reach, shielding, filters, grounding, and synergism between frequencies or other bio-active
82	82	50substances. 4 of 12
83	83	51 "Reasonable" means within the term ASARAA a prioritization of safety and does not
84	84	52refer to a risk and benefits analysis - reasonable refers to the fact that prioritizing safety is
85	85	53reasonable. Reasonable design means that non-use or elimination of radiation applies when a
86	86	54potential for great danger to the public or environment exists as judged by a reasonable
87	87	55interpretation of available science, expert warnings, or when effects are unknown.
88	88	56 "Electromagnetic radiation" or "radiation" means all radiation emitted by technology,
89	89	57whether intentionally or unintentionally, and includes the radiative fields emitted by electricity,
90	90	58including from poor power quality, and the radiating frequencies that are emitted by wireless
91	91	59technologies.
92	92	60 (b) Corporations which design, manufacture, install, or maintain digital, internet, or
93	93	61wireless infrastructure, technological products, or their respective services must within their
94	94	62purview make design and technological choices that limit harm from electromagnetic radiation -
95	95	63exposures from technology must be ‘As Safe as Reasonable and Achievable’, which will
96	96	64hereafter be called ‘ASARAA’. Where products or services are actually intended to operate
97	97	65wirelessly or otherwise intentionally emit radiation, such corporations are to minimize harm with
98	98	66ASARAA design, selection, and best practices.
99	99	67 This directive for ASARAA design refers to all new products, services, installations,
100	100	68settings, infrastructure and, where compatibility exists, to service upgrades, product upgrades,
101	101	69repairs, and ongoing software updates.
102	102	70 (c) General ASARAA design principles and more specific requirements are as follows: 5 of 12
103	103	71 (1) Limit consumer and work exposure to wireless radiation from personal devices,
104	104	72personal computers, and other radiating technologies including but not limited to the following
105	105	73requirements:
106	106	74 i. Provide hard-wired integration options for wireless technologies and services so
107	107	75that any wireless antenna can be turned off when hard-wired transmission is preferred, including
108	108	76but not limited to smart entertainment systems that must have hard-wired functionality without
109	109	77wireless transmissions;
110	110	78 ii.Automatically block wireless radiation emissions, but not reception, when
111	111	79positioned close to the head or body;
112	112	80 iii.Include a soft key that easily allows all wireless transmissions to be turned on or
113	113	81halted at once;
114	114	82 iv.Include a soft key for a mode that only receives and does not transmit;
115	115	83 v. Set factory and default mode to wired connectivity, allowing updates, downloads,
116	116	84and installations to occur with wired instead of wireless connectivity and insuring that updates do
117	117	85not restart wireless transmissions that were preset as wired;
118	118	86 vi.As related to messaging, data collection, and other applications, provide an
119	119	87application that allows consumers to turn off antenna transmissions individually as well as
120	120	88allows consumers to set transmissions to begin and end at certain times including as set on a
121	121	89regular basis and as set by the tap of a soft key or button that sets the signal to begin after a
122	122	90certain time and upon completion of transmission or as set by the user.
123	123	91 vii.Provide a visible marker that indicates when wireless transmissions are occurring. 6 of 12
124	124	92 viii.Eliminate continuing transmissions of location so that transmissions only occur
125	125	93when expressly and actively sought by the user for an immediate, active use, for a time set by the
126	126	94user and easily halted.
127	127	95 ix.Provide an application to turn on location services upon remote inquiry in order to
128	128	96find lost mobile devices.
129	129	97 x. Set routers, wireless home phones, and other transmitting devices to only transmit
130	130	98on demand and even during a certain time frame, and to turn off when no longer in use by the
131	131	99consumer.
132	132	100 xi.Where products and services, including utilities, use wireless transmissions,
133	133	101insure that all such transmissions are specific to the user's needs, such as payment for services,
134	134	102updates, or cybersecurity checks, and are not in any way extraneous to the product or service,
135	135	103such as but not limited to data collection for profiling and marketing.
136	136	104 xii.Where utilities have placed more than 1 utility meter, such as but not limited to
137	137	105apartment buildings, utlities are to remove the wired functionality of these utility meters and
138	138	106replace the meters with analog meters or wired utility meters that best reduce electromagnetic
139	139	107radiation exposures.
140	140	108 xiii.With respect to data collection, integration, and related work on the part of the
141	141	109user of a device, include simple, preferential functionality for inputing and collecting data offline
142	142	110and for use of wired connectivity for downloading and syncing onto any pertinent device,
143	143	111including a passive storage device. 7 of 12
144	144	112 xiv.With respect to wireless transmissions, use automated protocol-based reductions
145	145	113of all of the following: the number of emissions, emission duration, and the integrated dose.
146	146	114 xv. Provide an easy to access, free application with personal wireless devices
147	147	115to limit call durations according to an estimation of the effective radiated power emitted by the
148	148	116device that allows: (A) users to track and further refine call duration limits beyond any default
149	149	117settings; (B) allow guardians to easily set limits for their children's devices, including
150	150	118disallowing wireless for times specified, with allowances to bypass only under specific
151	151	119conditions specified by the guardian except for allowing continuing access on mobile phones to
152	152	120dial relevant emergency and crisis numbers.
153	153	121 xvi.Except where only wireless connectivity can provide functionality of a product or
154	154	122service, insure wired or offline functionality is available and comparable in quality or better than
155	155	123wireless functionality;
156	156	124 xvii. Insure use of quality connectors that prevent leakage of radiation;
157	157	125 xviii.Modify the antenna of personal mobile devices so the emission pattern is more
158	158	126hemispherical and radiates away from the head and the body.
159	159	127 xix.With new personal computer, cellphone, and other wireless technology product
160	160	128sales, provide the connecting necessities and ports, with or without an Ethernet cord, for hard-
161	161	129wired functionality as part of the sales package so that users are not required to use wireless
162	162	130mice, headphones, etc., for functionality.
163	163	131 xx.Provide simple, accessible information on how to hard-wire products such as
164	164	132routers, including generatlly where to get or buy the necessary equipment to do so; 8 of 12
165	165	133 xxi. If providing broadband or telecommunications services to a residence or
166	166	134business, provide at a minimum one hard-wired connection with cord and if the resident or client
167	167	135expects to use more than one hard-wired connection, provide an ethernet or comparable switch --
168	168	136additionally provide education on how to hard wire devices for connectivity;
169	169	137 xxii. When installing, programming, or setting up relevant technology as part of an
170	170	138installation service, limit radiation wherever possible, using best practices such as but not limited
171	171	139to providing an installation option for hard-wired connectivity, providing distance from and
172	172	140labeling of any wireless antennas, selecting products which minimize all electromagnetic
173	173	141exposures; and providing guidance and labeling to maintain best practices to limit
174	174	142electromagnetic radiation.
175	175	143 xxiii. Where installing broadband or telecommunications services for consumers,
176	176	144insure that the cost of wired, in contrast to wireless installation, is an add-on with a cost that
177	177	145does not exceed the costs of supplies and the hourly wage of installers by more than 1%.
178	178	146 xxiv.Limit the number, reach or distance of, and the power density of antennas to only
179	179	147that necessary for functionality.
180	180	148 xxv.If providing streaming services, provide downloadable options to reduce wireless
181	181	149exposures from streaming.
182	182	150 xxvi.Provide large buttons or manual switches that clearly mark and easily turn off
183	183	151wireless transmissions on equipment such as but not limited to routers. 9 of 12
184	184	152 xxvii.Include a two to three meter cord with switch or another mechanism to to allow
185	185	153users to turn on and turn off transmissions at a distance from strong near field exposures from
186	186	154static consumer devices such as but not limited to routers.
187	187	155 xxviii.Provide the location of antennas and sensors on wireless and digital technology
188	188	156within print and online manuals, and provide instructions for the removal of antennas or
189	189	157elimination of their transmissions such as but not limited to smart devices and appliances.
190	190	158 xxix.Where services and products, including utilities, use wireless for payment or
191	191	159updating functionality that cannot easily or immediately be replaced by hard-wired connectivity,
192	192	160insure that the wireless transmission is set to minimize transmissions, including but not limited to
193	193	161using low power density, minimizing signal duration, and setting transmission time to occur with
194	194	162the minimum exposure possible, such as at a designated time set by the user or quarterly,
195	195	163including with notification to the user of expected transmission times
196	196	164 xxx.For wireless transmissions such as updates and messaging, include information on
197	197	165how long the wireless signal is expected to take in advance of the transmission begins and
198	198	166provide a voluntary ring tone and visible sign that the wireless transmission is completed.
199	199	167 xxxi.When using a wireless signal for transmission, automatically prefer use of
200	200	168antennas which require less power density for connectivity, such as Wi-Fi antennas.
201	201	169 xxxii.Where wireless signals occur that are not related to the user's messaging, internet
202	202	170usage, necessary provider payments, or for necessary functionality and cybersecurity updates,
203	203	171provide an app that clearly identifies all the different signaling alongside accompanying options
204	204	172to eliminate each signal or choose to circumscribe the time of transmission. 10 of 12
205	205	173 xxxiii.Corporations selling products that unintentionally emit frequencies from 0 hertz
206	206	174through 300 gigahertz that cannot all be successfully remediated, such as but not limited to
207	207	175fiberoptic connectors, are to provide information on the packaging and in manual regarding any
208	208	176leakage of this electromagnetic radiation, including the amount, frequencies, and description of
209	209	177how time and use may impact leakage.
210	210	178 xxxiv. When installing broadband or telecommunications access in early through higher
211	211	179education settings as well as in daycare, nursing homes, and hospitals, provide hard-wired ports
212	212	180and hard-wired connectivity that best reduces electromagnetic radiation, prioritizing such
213	213	181connectivity first in areas specific to babies, pregnancies, and children.
214	214	182 (2) Limit consumer exposure to radiation from electric and magnetic fields with good
215	215	183design including the following requirements:
216	216	184 i. Limit frequencies on electrical cords and infrastructure through the use of
217	217	185appropriate filters, connectors, and quality electrical design to prevent the addition of
218	218	186electromagnetic frequencies besides 60 hertz on the electrical lines and to comply with electrical
219	219	187code standard IEEE 519;
220	220	188 ii.Limit electric and magnetic fields through the use of shielding, grounding,
221	221	189distance setbacks, and quality electrical design.
222	222	190 iii.Corporations selling products which emit frequencies from 0 hertz through 300
223	223	191gigahertz or which continue to leak such frequencies despite quality filtering and remediation,
224	224	192including but not limited to lighting, are to provide information on the packaging and in the
225	225	193product manual regarding any intentional or unintentional emissions including leakage, including
226	226	194providing the amount, frequencies, and, for leakage, the effects of time and use on leakage. 11 of 12
227	227	195 (d) While subsection (c) above provides some specific requirements, the general principal
228	228	196of ASARAA means that corporations have a duty to be proactive in the prevention of harm
229	229	197through continuing investigation and application of findings to further additional modifications
230	230	198for the best, safest, future-proof design. Corporations have a duty to pay attention to critics,
231	231	199cautions and guidance from existing scientific knowledge around the world from past to present
232	232	200in order to craft safer technology - and a duty to avoid ignorance or compromised, inadequate
233	233	201research as an excuse to avoid responsibility. Recommended resources to guide design include
234	234	202the Building Biology Institute and the International Commission on the Biological Effects of
235	235	203Electromagnetic Fields.
236	236	204 (e) The attorney general shall enforce good faith compliance of this section through
237	237	205adjudication of complaints alleging such violations in accordance with chapter 93A and with
238	238	206chapter 106, section 2-314. This remedy shall not be exclusive and shall be in addition to all
239	239	207other causes of action, remedies and penalties provided by law, and shall allow for a qui tam
240	240	208action as well as a private right of action for product liability and negligence. The office of the
241	241	209attorney general shall provide a mechanism for anonymous reporting of violations. Corporate
242	242	210whistle-blowers shall be provided comparable rewards and protections to that of the
243	243	211Massachusetts False Claims Act and the Massachusetts Whistleblower Protection Act.
244	244	212 SECTION 3. This act shall take effect upon its passage. Upon the effective date of this
245	245	213section, compliance shall be in good faith with steps initiated to implement changes within a
246	246	214month and changes rolled out as soon as functional. Changes that can take place immediately,
247	247	215such as in the best practices for installation shall be implemented within one month of passage.
248	248	216Specific software requirements which require design modification shall be implemented at
249	249	217minimum within 2 years of passage unless sooner implementation is possible, in which case 12 of 12
250	250	218sooner implementation shall take place. Those changes requiring manufacturing or hardware
251	251	219changes should at minimum take no more than 4 years to be enacted, unless sooner
252	252	220implementation is possible, in which case sooner implementation shall take place. Hardware and
253	253	221software changes should be reflected in the interim in the ongoing design of new models.
254	254	222 SECTION 4. The provisions of this act are severable, and if any clause, sentence,
255	255	223paragraph or section of this law or an application thereof shall be adjudged by any court of
256	256	224competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the
257	257	225remainder thereof but shall be confined in its operation to the clause, sentence, paragraph,
258	258	226section or application adjudged invalid and such clause, sentence, paragraph, section or
259	259	227application shall be reformed and construed so that it would be valid to the maximum extent
260	260	228permitted.