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| 5 | 5 | | 2023 -- H 5866 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001464 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- THE ATMOSPHERE PROTECTIO N ACT |
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| 16 | 16 | | Introduced By: Representatives Quattrocchi, Place, Chippendale, Rea, and Nardone |
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| 17 | 17 | | Date Introduced: March 01, 2023 |
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| 18 | 18 | | Referred To: House Environment and Natural Resources |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1 |
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| 23 | 23 | | amended by adding thereto the following chapter: 2 |
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| 24 | 24 | | CHAPTER 99 3 |
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| 25 | 25 | | THE ATMOSPHERE PROTECTION ACT 4 |
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| 26 | 26 | | 23-99-1. Short title. 5 |
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| 27 | 27 | | This chapter shall be known and may be cited as “The Atmosphere Protection Act.” 6 |
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| 28 | 28 | | 23-99-2. Legislative intent. 7 |
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| 29 | 29 | | (a) To preserve the safe, healthful, resilient and peaceful uses of Rhode Island’s atmosphere 8 |
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| 30 | 30 | | for people, the environment, and agriculture, and to improve climate efforts, by prohibiting 9 |
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| 31 | 31 | | hazardous atmospheric polluting activities, providing enforcement and penalties for violative 10 |
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| 32 | 32 | | activity. 11 |
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| 33 | 33 | | (b) The assembly finds that many atmospheric activities involving the intentional release 12 |
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| 34 | 34 | | of hazardous emissions harm human health and safety, the environment, agriculture, aviation, 13 |
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| 35 | 35 | | security, and the economy of the State of Rhode Island. 14 |
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| 36 | 36 | | (c) It is, therefore, the intention of the general assembly to prohibit deliberate polluting 15 |
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| 37 | 37 | | activities in Rhode Island's atmosphere and at ground level, as further set forth by the terms and 16 |
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| 38 | 38 | | provisions of this chapter. 17 |
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| 39 | 39 | | 23-99-3. Legislative findings. 18 |
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| 40 | 40 | | (1) Scope. Inclusive of stratospheric aerosol injection (SAI), solar radiation management 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001464 - Page 2 of 11 |
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| 44 | 44 | | (SRM), weather modification, cloud-seeding, carbon dioxide removal (CDR), and other 1 |
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| 45 | 45 | | techniques, hazardous atmospheric activities are diverse, varying greatly in their characteristics and 2 |
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| 46 | 46 | | consequences. Included herein are anthropogenic, intentionally polluting atmospheric activities, 3 |
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| 47 | 47 | | and may involve ground-based, underwater, and/or atmosphere-based activities, including, without 4 |
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| 48 | 48 | | limitation, aerosol injection, and other deployments by facilities such as aircraft, rockets, unmanned 5 |
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| 49 | 49 | | aerial vehicles (UAVs) and drones of all sizes down to pico, large balloons, wireless infrastructures, 6 |
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| 50 | 50 | | ships and/or submarines. 7 |
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| 51 | 51 | | (2) Scope of regulatory authority. Aerosol injection, cloud-seeding, weather modification, 8 |
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| 52 | 52 | | geoengineering and other hazardous atmospheric activities, purposed to intentionally pollute and/or 9 |
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| 53 | 53 | | manipulate the environment, are hereby prohibited within or above the State of Rhode Island. 10 |
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| 54 | 54 | | (3) SRM activities include, without limitation: 11 |
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| 55 | 55 | | (i) Atmospheric sunscreens or solar shields: Known-to-be toxic reflective materials are 12 |
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| 56 | 56 | | injected into the stratosphere. These include, without limitation, sulfur dioxide (SO2), sulfuric acid 13 |
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| 57 | 57 | | (H2- SO4) and aluminum oxide (Al2O3). 14 |
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| 58 | 58 | | (ii) Carbon black or black carbon releases: Deliberate, atmospheric releases of soot are 15 |
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| 59 | 59 | | used to produce artificial weather events. In particular, aerosolized coal combustion fly ash liberates 16 |
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| 60 | 60 | | dispersed aluminum, which, when absorbed into human and other bodies, is a primary factor in the 17 |
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| 61 | 61 | | pronounced increase in neurological diseases and the widespread debilitation of Earth’s biota. 18 |
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| 62 | 62 | | (iii) Rocket emissions: Entirely unregulated, these include, without limitation, black carbon 19 |
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| 63 | 63 | | soot and alumina particles in addition to carbon monoxide (CO), chlorine, sulfuric compounds, 20 |
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| 64 | 64 | | methane, and water vapor, a “greenhouse gas,” blocking sunlight and reflecting terrestrial heat; 21 |
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| 65 | 65 | | (iv) Cloud brightening: Sodium chloride (NaCl) or sea salt, seawater, nitric acid (HNO3), 22 |
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| 66 | 66 | | and/or other materials injected into clouds make the clouds more reflective, after which the salt and 23 |
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| 67 | 67 | | other materials rain out over land areas contaminating freshwater supplies. 24 |
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| 68 | 68 | | (v) Salt flare rockets: Fired into clouds, these rockets trigger rain downpours containing 25 |
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| 69 | 69 | | salt, which contaminates freshwater supplies, desiccates surfaces, and makes the atmosphere and 26 |
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| 70 | 70 | | exposed biota, including humans, more conductive; 27 |
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| 71 | 71 | | (vi) Cloud-seeding releases of Silver Iodide (AgI) and/or solid dry ice (a registered 28 |
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| 72 | 72 | | pesticide), which is carbon dioxide (CO2), the latter increasing carbon levels that state policies 29 |
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| 73 | 73 | | rather intend to decrease; 30 |
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| 74 | 74 | | (vii) Less direct sunlight reaching Earth’s surface, with fewer winter freezes and higher 31 |
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| 75 | 75 | | humidity, resulting in increased molds, mildews, fungi, and other pathogens and pests that develop 32 |
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| 76 | 76 | | from such conditions – with human, animal, pollinating insect, and plant diseases resulting 33 |
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| 77 | 77 | | therefrom; 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001464 - Page 3 of 11 |
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| 81 | 81 | | (viii) Increases in acid rain loads from the airborne injection or releases of sulfur and 1 |
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| 82 | 82 | | aluminum oxides, with human, animal, plant, and water-resource degradation; 2 |
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| 83 | 83 | | (ix) Changes in distribution patterns and chemical contents of rainfall, resulting in floods 3 |
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| 84 | 84 | | and droughts; 4 |
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| 85 | 85 | | (x) Algal blooms, with impacts upon human health, aquatic systems, and economies; 5 |
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| 86 | 86 | | (xi) The near-impossibility of restoring devalued natural resources, with the undermining 6 |
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| 87 | 87 | | and waste of state-funded conservation programs; 7 |
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| 88 | 88 | | (xii) The potential, through radiative forcing, to reflect too much heat back to Earth, or to 8 |
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| 89 | 89 | | produce excessive cold by reflecting too much cosmic energy away from Earth, and to bring about 9 |
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| 90 | 90 | | feedback loops creating weather extremes. 10 |
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| 91 | 91 | | (xiii) Increased ultraviolet (UV) radiation (including UVA, UVB, and UVC) at Earth's 11 |
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| 92 | 92 | | surface: UV is strongly absorbed by organic materials such as living tissues, with UVC’s high 12 |
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| 93 | 93 | | energy and small wavelength particularly capable of destroying DNA and reproduction; 13 |
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| 94 | 94 | | (xiv) Increased combustibility of Earth’s terrestrial surfaces, by means of fallen 14 |
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| 95 | 95 | | particulates, some pyrophoric and/or desiccating, with increased incidence of fires; 15 |
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| 96 | 96 | | (xv) Significant increases in ambient mechanical vibration and noise pollution, leading to, 16 |
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| 97 | 97 | | without limitation, increased incidence of nervous system and cardiac irregularities; 17 |
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| 98 | 98 | | (xvi) Increased metals content in surface-dwelling and aquatic organisms, producing 18 |
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| 99 | 99 | | heightened bodily electrical conductivity and radiation absorption, with more susceptibilities and 19 |
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| 100 | 100 | | damages; particularly where atmospheric electrical charges are naturally or otherwise intensified; 20 |
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| 101 | 101 | | (xvii) Extreme harm to vulnerable human subpopulations and to the more vulnerable 21 |
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| 102 | 102 | | species such as bees and other pollinators; 22 |
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| 103 | 103 | | (xviii) Significant changes to Earth’s atmosphere’s electric, magnetic, and electromagnetic 23 |
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| 104 | 104 | | properties through the induction of high-intensity, decimeter-, centimeter-, and millimeter-wave 24 |
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| 105 | 105 | | microwave radiation from increasingly densified wireless facilities, terrestrial and atmospheric, 25 |
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| 106 | 106 | | resulting in extreme and less predictable weather, the desiccation of humans, animals, insects and 26 |
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| 107 | 107 | | plants; blood-cell clumping (Rouleaux formation), blood-clotting increase, and blood-oxygen 27 |
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| 108 | 108 | | deprivation in humans and animals; diabetes and asthma increase in humans and animals; and the 28 |
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| 109 | 109 | | reduction and ultimate eradication of animal and insect populations, particularly pollinators 29 |
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| 110 | 110 | | dependent for navigation upon geomagnetism; 30 |
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| 111 | 111 | | (xix) Visibility impairment and clutter, reducing aviation safety and accelerating collision 31 |
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| 112 | 112 | | rates with satellites, balloons and nearly one million “space-junk” or “space-debris” particles; 32 |
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| 113 | 113 | | (xx) RF/MW radiation interference from exponentially increasing numbers of microwave-33 |
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| 114 | 114 | | irradiating satellites interacting with ground based infrastructure potentially costing the public 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001464 - Page 4 of 11 |
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| 118 | 118 | | billions of dollars; 1 |
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| 119 | 119 | | (xxi) Per the William & Mary Law Review, the enabling of the Internet of Bodies (IoB), a 2 |
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| 120 | 120 | | “mesh” or grid through which every human and most animals would contain worn, ingested, 3 |
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| 121 | 121 | | inhaled, and/or injected chips or sensors of micro to pico size with transmitting antennas, with every 4 |
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| 122 | 122 | | body functioning as an internet node with thousands of internal datapoints, toward complete 5 |
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| 123 | 123 | | warrantless surveillance and control, even by foreign entities, with constant biometric data 6 |
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| 124 | 124 | | collection and loss of autonomy under an overarching Artificial Intelligence, in violation of the 7 |
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| 125 | 125 | | U.S. Constitution’s Fourth Amendment as well as the Rhode Island State Constitution’s Article I, 8 |
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| 126 | 126 | | §7. 9 |
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| 127 | 127 | | (xxii) Vulnerability of communications signals from the potential for solar flare alteration 10 |
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| 128 | 128 | | or demolition of space-based solar power systems. 11 |
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| 129 | 129 | | (xxiii) Electrical grid is vulnerable to attack through the hackability of the “smart” grid and 12 |
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| 130 | 130 | | “smart” devices; Intense microwave radiation spikes transmitted from the “smart” grid, inclusive 13 |
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| 131 | 131 | | of “smart” meters, could spark fires, in addition to harming health and the environment. 14 |
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| 132 | 132 | | (xxiv) Increasing incidence of dementias, learning impairments, cardiovascular and 15 |
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| 133 | 133 | | respiratory diseases, diabetes, autoimmunity, birth defects, infertility, cancers, and early death in 16 |
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| 134 | 134 | | humans; and increasing impairment, disease, debility and early death likewise in other living 17 |
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| 135 | 135 | | beings. 18 |
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| 136 | 136 | | (xxv) Mass psychological and social changes by means of lithium and other psychoactive 19 |
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| 137 | 137 | | substances’ releases; 20 |
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| 138 | 138 | | (xxvi) Increased damage to the ozone layer; 21 |
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| 139 | 139 | | (xxvii) Carbon capture and sequestration programs redistribute pollution, storing it 22 |
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| 140 | 140 | | underground instead of stopping the pollution before it exits the smokestack; 23 |
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| 141 | 141 | | (xxviii) Economic losses to various sectors of society and to the state itself, resulting from, 24 |
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| 142 | 142 | | without limitation, human health damages, with productivity loss, increased and earlier health-care 25 |
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| 143 | 143 | | needs, and heightened suffering for those injured and/or sensitized by prior hazardous exposures; 26 |
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| 144 | 144 | | (xxiv) Contaminated soils and water supplies, loss of pollinators such as bees, butterflies 27 |
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| 145 | 145 | | and birds, decreased crop yields, dead and dying forests, loss of habitats, decline of fisheries, rising 28 |
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| 146 | 146 | | pollution cleanup costs, and less solar power production from lack of sunlight reaching Earth's sur- 29 |
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| 147 | 147 | | face; 30 |
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| 148 | 148 | | (xxx) The potential and ease for enemies, foreign and domestic, to cause harm 31 |
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| 149 | 149 | | intentionally; 32 |
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| 150 | 150 | | (A) Necessity arising from federal stance. 33 |
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| 151 | 151 | | (I) States’ “rights”, including their authorities, are correctly exerted where federal 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001464 - Page 5 of 11 |
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| 155 | 155 | | restrictions have become oppressive or destructive. 1 |
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| 156 | 156 | | (II) In view of these facts, the general assembly declares that all hazardous atmospheric 2 |
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| 157 | 157 | | activities such as aerosol injection, cloud-seeding, weather modification and other forms of geo- 3 |
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| 158 | 158 | | engineering, must be prohibited in order to prevent the intentional release of harmful polluting 4 |
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| 159 | 159 | | emissions, with penalties and enforcement provided for violative activity. 5 |
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| 160 | 160 | | 23-99-4. Definitions. 6 |
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| 161 | 161 | | For purposes of this chapter, the following terms shall have the following meanings: 7 |
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| 162 | 162 | | (1) “Albedo” means the fraction of incident radiation, such as light and heat, reflected by 8 |
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| 163 | 163 | | a natural cloud or by materials injected into the atmosphere. 9 |
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| 164 | 164 | | (2) "Area" means a portion within the confines of the state or its territorial waters, including 10 |
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| 165 | 165 | | the atmosphere above the state. 11 |
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| 166 | 166 | | (3) "Artificial intelligence" or “AI” means and refers to systems or machines that mimic 12 |
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| 167 | 167 | | human intelligence to perform tasks and can iteratively improve themselves based on the 13 |
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| 168 | 168 | | information they collect. AI manifests in a number of forms. 14 |
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| 169 | 169 | | (4) "Atmospheric activity" means any deliberate polluting activity conducted by any 15 |
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| 170 | 170 | | iteration of human, machine learning, or artificial intelligence (AI) or any combination thereof, that 16 |
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| 171 | 171 | | occurs in the atmosphere and may have harmful consequences upon health, the environment and/or 17 |
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| 172 | 172 | | agriculture. 18 |
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| 173 | 173 | | (5) "Atmospheric contaminant" means any type of aerosol, biologic and/or transbiologic 19 |
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| 174 | 174 | | agent, chaff, genetically modified agent, metal, radioactive material, vapor, particulate down to or 20 |
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| 175 | 175 | | less than one nanometer in diameter, and any air pollutant regulated by the state, including without 21 |
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| 176 | 176 | | limitation those deemed "unnecessary" pursuant to the general laws, any xenobiotic (foreign-to- 22 |
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| 177 | 177 | | life) electromagnetic radiation and fields, mechanical vibration and other physical agents, or any 23 |
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| 178 | 178 | | combination of these contaminants. 24 |
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| 179 | 179 | | (6) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles 25 |
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| 180 | 180 | | containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which 26 |
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| 181 | 181 | | fall to ground in about one day, or for nanochaff, years, and then fall and break apart; while 27 |
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| 182 | 182 | | purposed to confuse foreign radars and satellite vision, chaff can cause power outages and interfere 28 |
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| 183 | 183 | | with air-traffic control; 29 |
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| 184 | 184 | | (7) "Department" means the Rhode Island department of environmental management 30 |
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| 185 | 185 | | (DEM). 31 |
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| 186 | 186 | | (8) “Director” means the director of the department of environmental management (DEM). 32 |
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| 187 | 187 | | (9) “Entity" means any of the following: individual; trust; firm; joint stock company; 33 |
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| 188 | 188 | | corporation, including a quasi-governmental corporation; non-governmental organization (NGO), 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001464 - Page 6 of 11 |
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| 192 | 192 | | partnership; association; syndicate; municipality or state or municipal agency; program; fire 1 |
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| 193 | 193 | | district; club; nonprofit agency; commission; university or college in this state; department or 2 |
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| 194 | 194 | | agency of the state, the federal government, or any interstate or international governance or 3 |
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| 195 | 195 | | instrumentality thereof, including foreign, domestic and mercenary armed services; or region 4 |
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| 196 | 196 | | within the United States. 5 |
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| 197 | 197 | | (10) "Geoengineering" means the intentional manipulation of the environment, involving 6 |
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| 198 | 198 | | nuclear, biological, transbiological, chemical, electromagnetic and/or other physical-agent 7 |
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| 199 | 199 | | contaminants that effect changes to Earth's atmosphere and/or surface; and is inclusive of weather 8 |
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| 200 | 200 | | modification, aerosol injection, or cloud-seeding. 9 |
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| 201 | 201 | | (11) “Hazard” means a substance or physical agent by its nature harmful to living 10 |
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| 202 | 202 | | organisms, generally, and/or to property or another interest of value. 11 |
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| 203 | 203 | | (12) “Individual” means any man, woman or child. 12 |
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| 204 | 204 | | (13) "Machine learning" means the process relative to AI, in which a machine can learn on 13 |
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| 205 | 205 | | its own without being explicitly programmed. 14 |
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| 206 | 206 | | (14) “Physical agent ” means an agent other than a substance, including, without limitation, 15 |
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| 207 | 207 | | radiofrequency/microwave and other electromagnetic radiation and fields, barometric pressure, 16 |
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| 208 | 208 | | temperature, gravity, kinetic weaponry, mechanical vibration and sound. 17 |
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| 209 | 209 | | (15) ”Radiative forcing” means measures of heat energy coming from the sun and reflected 18 |
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| 210 | 210 | | back to space, as opposed to measures of terrestrial heat energy, reflected back to Earth’s surface. 19 |
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| 211 | 211 | | (16) "Release" means any activity that results in the issuance of contaminants such as the 20 |
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| 212 | 212 | | emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-biological, 21 |
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| 213 | 213 | | chemical, and/or physical agents into the ambient atmosphere; whether once, intermittently, or 22 |
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| 214 | 214 | | continuously. 23 |
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| 215 | 215 | | (17) “Stratosphere” means the region of the upper atmosphere extending upward from the 24 |
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| 216 | 216 | | edge of the troposphere to about thirty (30) miles fifty kilometers (50 km) above the Earth. 25 |
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| 217 | 217 | | (18) “Troposphere” means the region of the lowest layer of the atmosphere, six (6) to 26 |
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| 218 | 218 | | twelve (12) miles high in altitude, wherein temperature steadily drops with increasing altitude and 27 |
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| 219 | 219 | | nearly all cloud formations occur and weather conditions manifest. 28 |
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| 220 | 220 | | (19) “Weather modification” means the changing, controlling, or interfering with; or 29 |
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| 221 | 221 | | attempting to change, control, or interfere with; the natural development of cloud forms, 30 |
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| 222 | 222 | | precipitation, barometric pressure, temperature, conductivity and/or other electromagnetic or sonic 31 |
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| 223 | 223 | | characteristics of the atmosphere. 32 |
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| 224 | 224 | | 23-99-5. Regulation by the state. 33 |
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| 225 | 225 | | (a) Given officials’ obligation to promote the safety of life and property, and due to the 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001464 - Page 7 of 11 |
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| 229 | 229 | | lack of state security and potential for significant harm, all state climate-related appointees shall 1 |
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| 230 | 230 | | be, or have been, administered the state oath of office and shall fulfill the obligations thereunder to 2 |
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| 231 | 231 | | protect the state and federal constitutions and Rhode Island constituents, requiring appointees’ 3 |
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| 232 | 232 | | direct responsiveness to constituents and not to foreign or out-of-state entities. 4 |
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| 233 | 233 | | (b) The department shall refer potential violations as reported by state agencies or members 5 |
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| 234 | 234 | | of the public to the emergency management protection agency, as set forth in this chapter. 6 |
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| 235 | 235 | | (c) There is hereby created a health-and-environment protection trust fund into which shall 7 |
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| 236 | 236 | | be deposited violation fines under this chapter. 8 |
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| 237 | 237 | | (d) The department is authorized to and shall implement this chapter, determining when 9 |
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| 238 | 238 | | violations have occurred and referring them to compliance authorities. 10 |
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| 239 | 239 | | 23-99-6. Violative activity. 11 |
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| 240 | 240 | | (a) The director shall immediately issue a cease-and-desist order upon the discovery of a 12 |
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| 241 | 241 | | potentially hazardous atmospheric activity, where an agency, department, office, program, or 13 |
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| 242 | 242 | | member of the public produces evidence to the department that the atmospheric activity may be 14 |
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| 243 | 243 | | occurring that involves intentional release of a hazardous emission. 15 |
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| 244 | 244 | | (b) The cease-and-desist order under subsection (a) of this section, shall have the weight 16 |
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| 245 | 245 | | of a court order and any violation shall be punished under law. 17 |
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| 246 | 246 | | 23-99-7. Departmental notice to cease federal or foreign-approved programs. 18 |
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| 247 | 247 | | (a) Where an activity that the department has deemed hazardous has been approved, 19 |
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| 248 | 248 | | explicitly or implicitly, by the federal government, the department shall issue a notice to the 20 |
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| 249 | 249 | | appropriate federal authority or agency that the hazardous activity cannot lawfully be carried out 21 |
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| 250 | 250 | | within or over the State of Rhode Island, pursuant to the tenth amendment of the United States 22 |
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| 251 | 251 | | Constitution. 23 |
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| 252 | 252 | | (b) Government and armed forces projects operating within or above the State of Rhode 24 |
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| 253 | 253 | | Island shall meet all the requirements of this chapter. 25 |
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| 254 | 254 | | 23-99-8. Penalties and enforcement. 26 |
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| 255 | 255 | | An entity or individual who engages in an activity under this chapter or person who uses 27 |
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| 256 | 256 | | an unmarked or unidentified aircraft or other vehicle or facility to carry out a hazardous atmospheric 28 |
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| 257 | 257 | | activity involving intentional pollution or who fails to comply with the regulations set forth: 29 |
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| 258 | 258 | | (1) Has committed a felony and shall pay a fine of not less than five hundred thousand 30 |
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| 259 | 259 | | dollars ($500,000) or be imprisoned for not less than three (3) years, or both; 31 |
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| 260 | 260 | | (2) Shall be guilty of a separate offense for each day during which violative activity has 32 |
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| 261 | 261 | | been conducted, repeated, or continued; and 33 |
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| 262 | 262 | | (3) Shall be deemed in violation, and subject to further penalties under any other applicable 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001464 - Page 8 of 11 |
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| 266 | 266 | | state environmental protection laws. 1 |
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| 267 | 267 | | 23-99-9. Public participation – Reporting. 2 |
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| 268 | 268 | | (a) The department shall encourage the public to monitor, measure, document and report 3 |
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| 269 | 269 | | present, potential and past incidents that may constitute cloud-seeding, weather modification, 4 |
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| 270 | 270 | | geoengineering or other intentional hazardous atmospheric polluting activities. 5 |
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| 271 | 271 | | (b) An individual who presents evidence of potentially harmful atmospheric activity under 6 |
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| 272 | 272 | | subsection (a) of this section, shall email or otherwise write and send any of the following to the 7 |
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| 273 | 273 | | director or to any state police office or public official: 8 |
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| 274 | 274 | | (1) Evidentiary photographs, each separately titled as an electronic or hard-copy document, 9 |
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| 275 | 275 | | with the respective location from which, and, if the content is from other than a measuring device, 10 |
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| 276 | 276 | | the direction in which, the photo was taken, with its time and date; 11 |
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| 277 | 277 | | (2) Independent precipitation analysis reports, photography, videography, audiography, 12 |
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| 278 | 278 | | microscopy, spectrometry, metering, and other forms of evidence shall similarly be submitted in 13 |
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| 279 | 279 | | writing to the director or to any state office, or any state public official; and 14 |
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| 280 | 280 | | (3) Videography of activity involving intentional release of hazardous emissions. 15 |
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| 281 | 281 | | (c) A public official who has received information under subsection (a) of this section, and 16 |
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| 282 | 282 | | has reason to suspect violative activity based on evidence presented by an agency or individual 17 |
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| 283 | 283 | | under subsection (b) of this section, shall, directly or through a designee, report in writing within 18 |
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| 284 | 284 | | twenty-four (24) hours all documentary and supportive evidence to the emergency management 19 |
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| 285 | 285 | | protection agency for enforcement. 20 |
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| 286 | 286 | | (d) A report to any state official of apparently harmful nuclear, biological, transbiological 21 |
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| 287 | 287 | | and/or chemical (“NBC”) emissions shall trigger investigation of the source(s) and contents of said 22 |
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| 288 | 288 | | emissions, without limitation. Spectrometry of air and rainwater and other testing may be used to 23 |
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| 289 | 289 | | determine specific contents of emissions. Where the emissions are harmful to humans or the 24 |
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| 290 | 290 | | environment, per primary scientific study, enforcement shall ensue pursuant to § 23-99-8. 25 |
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| 291 | 291 | | (e) A report to any state official of excessive electromagnetic radiation or fields, as defined 26 |
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| 292 | 292 | | in subsection (b) of this section in any part of the spectrum, including, without limitation, 27 |
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| 293 | 293 | | microwave or maser, infrared, light or laser, and ionizing radiation, or report of intense mechanical 28 |
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| 294 | 294 | | vibration, noise, or other physical agent, with evidence, including possible photographs, 29 |
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| 295 | 295 | | videography, audio recordings, measurements of the agents, or other detection, shall trigger 30 |
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| 296 | 296 | | immediately for attention within two (2) hours DEM emergency measurements of peaks and 31 |
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| 297 | 297 | | averages over time with the appropriate, calibrated meters and forensic, detection devices both at 32 |
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| 298 | 298 | | and near the reported location. Where professional metering and monitoring equipment is needed 33 |
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| 299 | 299 | | but not owned by the state, DEM personnel shall partner with academic institutions for investigative 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001464 - Page 9 of 11 |
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| 303 | 303 | | activity, in order to provide evidentiary findings that would qualify under the Supreme Court 1 |
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| 304 | 304 | | Daubert Rule in judiciary contexts. 2 |
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| 305 | 305 | | 23-99-10. Investigatory findings – Responses. 3 |
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| 306 | 306 | | As established in this chapter, manipulation of the environment involves the intentional 4 |
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| 307 | 307 | | release of hazardous polluting emissions. A finding of: 5 |
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| 308 | 308 | | (1) Any NBCs that are either xenobiotic and should not exist in the natural environment, 6 |
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| 309 | 309 | | or that are found at xenobiotic levels or levels beyond the legal limits of the state or federal 7 |
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| 310 | 310 | | government, shall trigger enforcement as follows, over all federal, state and corporate entities: 8 |
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| 311 | 311 | | (i) DEM’s immediate communication of the requirement of the owner and/or operator of 9 |
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| 312 | 312 | | each facility or infrastructure deploying or releasing the specific agent or agents, to produce records 10 |
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| 313 | 313 | | of all data collection on emissions of the extant operations of any site(s) at or near where xenobiotic 11 |
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| 314 | 314 | | agents or excessive levels are or have been detected, and convey said records to the department; 12 |
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| 315 | 315 | | (ii) DEM’s order to cease operations of the facilities or infrastructure(s) other than those 13 |
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| 316 | 316 | | operations needed for police, fire, emergency services, and aviation safety; and 14 |
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| 317 | 317 | | (iii) DEM’s evaluation within twenty-four (24) hours of the owner's and/or operator's 15 |
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| 318 | 318 | | performance in causing the cessation of all operations except those activities exempted under 16 |
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| 319 | 319 | | subsection (1)(ii) of this section. 17 |
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| 320 | 320 | | (2) Radiofrequency/ Microwave (RF/MW) radiation, including maser, of signal strength 18 |
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| 321 | 321 | | metered at and near the reported, publicly-accessible location in excess of -85 dBm (decibel-19 |
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| 322 | 322 | | milliwatt) for any frequency or channel band specified by a transmitting entity’s FCC transmission 20 |
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| 323 | 323 | | license; 21 |
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| 324 | 324 | | (3) Extreme-low-frequency alternating current (AC) electric fields in excess of one volt 22 |
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| 325 | 325 | | per meter (V/m); 23 |
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| 326 | 326 | | (4) Magnetic fields in excess of one milliGauss (mG); 24 |
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| 327 | 327 | | (5) Transients in the electrical wiring, also called "dirty electricity", which must be filtered 25 |
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| 328 | 328 | | for safety; 26 |
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| 329 | 329 | | (6) Ionizing radiation in excess of 0.02 milliSievert per hour (mSv/h); 27 |
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| 330 | 330 | | (7) Laser, Li-Vi, strobe, or other light with harmful effects; or 28 |
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| 331 | 331 | | (8) Any vibration, noise, saser, sonic weapon, or other physical agent exceeding other 29 |
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| 332 | 332 | | official limits, guidelines or standards, such as eCode360, shall trigger: 30 |
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| 333 | 333 | | (i) DEM‘s immediate communication of the requirement of the owner or operator of each 31 |
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| 334 | 334 | | antenna, or facility or infrastructure deploying excessively energy-demanding and/or public-32 |
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| 335 | 335 | | exposing transmissions, or other source of energy or vibration at or near the reported location, to 33 |
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| 336 | 336 | | produce records of all data collection on the extant operators at one or more sites near where 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC001464 - Page 10 of 11 |
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| 340 | 340 | | excessive xenobiotic electromagnetism and fields, mechanical vibration, or other physical agents 1 |
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| 341 | 341 | | are or have been detected, and to convey said records to the department within twenty-four (24) 2 |
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| 342 | 342 | | hours; 3 |
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| 343 | 343 | | (ii) DEM’s immediate communication of the requirement of the owner of the facility, or 4 |
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| 344 | 344 | | utility or other service equipment at or near the reported location to provide within one business 5 |
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| 345 | 345 | | day all data collection records up to that date and time of electrical usage at or near the reported 6 |
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| 346 | 346 | | location. 7 |
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| 347 | 347 | | (iii) DEM’s order to cease operations of all antennas on, and other deployments of energy 8 |
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| 348 | 348 | | or vibration emitted from, the measured structure or facility, other than the operations needed for 9 |
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| 349 | 349 | | police, fire, emergency services, and aviation safety; 10 |
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| 350 | 350 | | (iv) DEM’s evaluation within twenty-four (24) hours of the owner's or operator's 11 |
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| 351 | 351 | | performance in causing the cessation of all operations except those activities exempted under 12 |
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| 352 | 352 | | subsection (8)(iii) of this section; and 13 |
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| 353 | 353 | | (v) Emergency management preparedness agency referral of potential criminal activity to 14 |
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| 354 | 354 | | the judiciary for prosecution. 15 |
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| 355 | 355 | | SECTION 2. This act shall take effect upon passage. 16 |
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| 356 | 356 | | ======== |
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| 357 | 357 | | LC001464 |
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| 358 | 358 | | ======== |
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| 359 | 359 | | |
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| 360 | 360 | | |
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| 361 | 361 | | LC001464 - Page 11 of 11 |
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| 362 | 362 | | EXPLANATION |
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| 363 | 363 | | BY THE LEGISLATIVE COUNCIL |
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| 364 | 364 | | OF |
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| 365 | 365 | | A N A C T |
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| 366 | 366 | | RELATING TO HEALTH AND SAFETY -- THE ATMOSPHERE PROTE CTION ACT |
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| 367 | 367 | | *** |
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| 368 | 368 | | This act would prohibit the intentional release of hazardous polluting emissions into the 1 |
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| 369 | 369 | | atmosphere and provide for a natural climate while increasing resiliency by prohibiting deliberate 2 |
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| 370 | 370 | | atmospheric pollution and manipulation of the environment. Violation fees would be collected and 3 |
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| 371 | 371 | | placed into a trust fund for municipal-level allocation for projects that promote the safety of life 4 |
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| 372 | 372 | | and property as well as environmental and agricultural health free from hazardous atmospheric 5 |
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| 373 | 373 | | activities. 6 |
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| 374 | 374 | | This act would take effect upon passage. 7 |
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| 375 | 375 | | ======== |
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| 376 | 376 | | LC001464 |
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| 377 | 377 | | ======== |
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