North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1514 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	25.1002.02000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Representatives Morton, Frelich, Heilman, Kasper, S. Olson, Rohr, Steiner, VanWinkle, Wolff
7	7		Senators Magrum, Powers
8	8		A BILL for an Act to create and enact a new chapter to title 23.1 of the North Dakota Century
9	9		Code, relating to harmful atmospheric activity; and to provide a penalty.
10	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11		SECTION 1. A new chapter to title 23.1 of the North Dakota Century Code is created and
12	12		enacted as follows:
13	13		Definitions.
14	14		As used i n this chapter:
15	15		1."Aircraft" means any contrivance invented, used, or designed for navigation or flight in
16	16		the air. The term includes a drone.
17	17		2."Cloud seeding" means a type of weather modification that attempts to change the
18	18		amount or type of precipitation by dispersing chemicals into the air by means of an
19	19		aircraft or a ground generator, including silver iodide, potassium iodide, or dry ice.
20	20		3."Director" means the director of the department of environmental quality.
21	21		4."Stratospheric aerosol injection" means a method of solar radiation modification which
22	22		introduces aerosols into the atmosphere to reduce sunlight.
23	23		5."Weather engineering" means altering or manipulating the weather.
24	24		6."Xenobiotic" means a foreign substance to the human body or to an ecological
25	25		system.
26	26		Polluting atmospheric activity - Penalty.
27	27		1.A person may not engage in a polluting atmospheric activity or use an unmarked or
28	28		unidentified aircraft, vehicle, or facility for weather engineering, cloud seeding,
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30		-	ENGROSSED HOUSE BILL NO. 1514
31		-	FIRST ENGROSSMENT
	29	+	stratospheric aerosol injection, or other atmospheric activity that is harmful to a human
	30	+	or the environment, including the production of excessive electromagnetic radiation.
	31	+	Page No. 1 25.1002.02000
	32	+	HOUSE BILL NO. 1514
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54		-	stratospheric aerosol injection, or other atmospheric activity that is harmful to a human
55		-	or the environment, including the production of excessive electromagnetic radiation.
56	58		2.Any person that violates this section is guilty of a class C felony and subject to a fine
57	59		of not more than five hundred thousand dollars.
58		-	Exemption.
59		-	This chapter does not apply to an individual who operates an aircraft for aerial application of
60		-	agricultural chemicals or materials.
61	60		Reporting and investigative requirements.
62	61		1.Any individual may report an aircraft, facility, or other delivery system used for weather
63	62		engineering, cloud seeding, stratospheric aerosol injection, or any atmospheric
64	63		experimentation involving the release of polluting emissions to the sheriff in the county
65	64		in which the activity was observed or suspected. If the sheriff finds the evidence
66	65		reported to be credible, the sheriff shall investigate the reported activity and may
67	66		report any prohibited activity to the county state's attorney for prosecution.
68	67		2.The director and each county sheriff shall encourage the public to monitor, measure,
69	68		document, and report any incident that may constitute cloud seeding, stratospheric
70	69		aerosol injection, weather engineering, or any other polluting atmospheric activity. An
71	70		individual with evidence of a polluting atmospheric activity may report the activity to
72	71		the director or the sheriff by submitting:
73	72		a.A photograph that includes the date, time, and location the photograph was
74	73		taken;
75	74		b.An independent precipitation analysis report, audiography, microscopy,
76	75		spectrometry, metering, or any other form of evidence; or
77	76		c.A video recording of activity involving the release of polluting atmospheric
78	77		emissions.
79	78		3.If the director suspects prohibited activity has occurred based on the evidence
80	79		provided, the director shall report all documentary and supportive evidence to the
81	80		sheriff in writing within twenty-four hours.
82	81		a.The director shall provide technical assistance and analysis of pollutants as
83	82		needed.
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	83	+	b.The sheriff may request assistance from the bureau of criminal investigation to
	84	+	investigate any prohibited activity the sheriff suspects occurred or is occurring.
	85	+	4.If a report is made to the director or a sheriff alleging polluting atmospheric emissions,
	86	+	the director or sheriff shall investigate the source and content of the emissions. If the
	87	+	emissions are harmful to humans or the environment, as demonstrated by a primary
	88	+	Page No. 2 25.1002.02000
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116		-	b.The sheriff may request assistance from the bureau of criminal investigation to
117		-	investigate any prohibited activity the sheriff suspects occurred or is occurring.
118		-	4.If a report is made to the director or a sheriff alleging polluting atmospheric emissions,
119		-	the director or sheriff shall investigate the source and content of the emissions. If the
120		-	emissions are harmful to humans or the environment, as demonstrated by a primary
121	120		scientific source, the sheriff shall take enforcement actions in accordance with this
122	121		chapter.
123	122		5.The director or sheriff shall take the following emergency measurements at the
124	123		reported location where a suspected violation of this chapter occurred within two hours
125	124		of receiving the report:
126	125		a.Excessive electromagnetic radiation or fields, including microwave or maser,
127	126		infrared light or laser, or ionizing or non-ionizing radiation; or
128	127		b.Excessive mechanical vibration, noise, or other physical agent.
129	128		6.If professional metering or monitoring equipment is needed but not available to the
130	129		state or county, the director or sheriff shall partner with an institution of higher
131	130		education to investigate and provide evidentiary findings that would qualify as scientific
132	131		expert testimony.
133	132		Enforcement actions.
134	133		1.If the director or sheriff has reason to believe an individual is violating, has violated, or
135	134		is attempting to violate this chapter, the director or sheriff shall issue and serve an
136	135		order to cease the activity.
137	136		2.The governor may request the adjutant general to identify and notify the owner or
138	137		operator of any aircraft or facility releasing aerosol emissions, electromagnetic
139	138		radiation, or other pollutants into the atmosphere to cease the activity. The adjutant
140	139		general shall order the operator of an aircraft releasing aerosol emissions,
141	140		electromagnetic radiation, or other pollutants into the atmosphere to land at the
142	141		nearest airport to be investigated for violating this chapter. The governor may request
143	142		the bureau of criminal investigation to investigate any activity that may violate this
144	143		chapter.
145	144		3.The governor may request the department of environmental quality for an
146	145		environmental study to investigate a violation of this chapter.
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180	146		Xenobiotic agents and radiation - Enforcement.
181	147		If the director or sheriff receives information alleging weather engineering or other
182	148		atmospheric experimentation involving the release of a xenobiotic agent or the production of
183	149		harmful levels of electromagnetic radiation, the director or sheriff shall:
184		-	1.Immediately require the owner or operator of the facility, aircraft, or other vehicle
185		-	releasing the xenobiotic agent or producing electromagnetic radiation to produce a
186		-	record of any site where a xenobiotic agent or radiation has been detected and convey
187		-	the records to the director or sheriff.
188		-	2.Immediately order the owner or operator to cease operations of the facility, aircraft, or
189		-	other vehicle; and
190		-	3.Verify within twenty-four hours that the owner or operator has stopped all operations
191		-	relating to the release of xenobiotic agents or the production of electromagnetic
192		-	radiation.
193		-	Electromagnetic disturbances - Enforcement.
194		-	1.The director or sheriff immediately shall require the owner or operator of each tower,
195		-	antenna, or other facility or infrastructure to produce a record of any operation where
196		-	excessive xenobiotic electromagnetism and fields, mechanical vibrations, or other
197		-	physical agents, are or have been detected, specifically:
198		-	a.Radio frequency or microwave radiation at any reported publicly accessible
199		-	location in excess of negative eighty-five decibel-milliwatts;
200		-	b.Extreme-low-frequency alternating current electric fields in excess of one volt per
201		-	eighty-two feet [25 meters];
202		-	c.Magnetic fields in excess of one milligauss;
203		-	d.Ionizing radiation in excess of 0.02 millisievert per hour;
204		-	e.Laser or other light with harmful effects; and
205		-	f.Any vibration, noise, laser, sonic weapon, or other physical agent exceeding
206		-	building or biology guidelines.
207		-	2.The owner or operator shall convey the records to the director or sheriff within twenty-
208		-	four hours.
209		-	3.The director or sheriff shall:
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	182	+	1.Immediately require the owner or operator of the facility, aircraft, or other vehicle
	183	+	releasing the xenobiotic agent or producing electromagnetic radiation to produce a
	184	+	record of any site where a xenobiotic agent or radiation has been detected and convey
	185	+	the records to the director or sheriff.
	186	+	2.Immediately order the owner or operator to cease operations of the facility, aircraft, or
	187	+	other vehicle; and
	188	+	3.Verify within twenty-four hours that the owner or operator has stopped all operations
	189	+	relating to the release of xenobiotic agents or the production of electromagnetic
	190	+	radiation.
	191	+	Electromagnetic disturbances - Enforcement.
	192	+	1.The director or sheriff immediately shall require the owner or operator of each tower,
	193	+	antenna, or other facility or infrastructure to produce a record of any operation where
	194	+	excessive xenobiotic electromagnetism and fields, mechanical vibrations, or other
	195	+	physical agents, are or have been detected, specifically:
	196	+	a.Radio frequency or microwave radiation at any reported publicly accessible
	197	+	location in excess of negative eighty-five decibel-milliwatts;
	198	+	b.Extreme-low-frequency alternating current electric fields in excess of one volt per
	199	+	eighty-two feet [25 meters];
	200	+	c.Magnetic fields in excess of one milligauss;
	201	+	d.Ionizing radiation in excess of 0.02 millisievert per hour;
	202	+	e.Laser or other light with harmful effects; and
	203	+	f.Any vibration, noise, laser, sonic weapon, or other physical agent exceeding
	204	+	building or biology guidelines.
	205	+	2.The owner or operator shall convey the records to the director or sheriff within twenty-
	206	+	four hours.
	207	+	3.The director or sheriff shall:
242	208		a.Immediately order a cessation of operations of all antennas and other
243	209		deployments of energy or vibration emitted from the structure or facility.
244	210		b.Verify within twenty-four hours that the owner or operator has ceased all
245	211		operations of antennas and other deployments of energy or vibration; and
246	212		c.Refer suspected criminal activity to the county state's attorney for prosecution.
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