Rhode Island 2025 Regular Session

Rhode Island House Bill H5217 Compare Versions

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

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5	5	2025 -- H 5217
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7	7	LC000763
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR
16	16	PRESERVATION ACT
17	17	Introduced By: Representatives Shanley, Bennett, Chippendale, Slater, and Casey
18	18	Date Introduced: January 29, 2025
19	19	Referred To: House Environment and Natural Resources
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative intent. 1
24	24	The general assembly finds and intends the following: 2
25	25	(1) Attempts to alter atmospheric conditions through cloud seeding, weather modification, 3
26	26	solar radiation modification (SRM), sunlight reflection methods (SRM), solar radiation 4
27	27	management (SRM), geoengineering, and other atmospheric experiments and/or interventions 5
28	28	involve the release of pollutants, including Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), 6
29	29	known also as "forever chemicals," into the atmosphere; 7
30	30	(2) Environmental accumulation of combustible agents contained in cloud seeding aerosols 8
31	31	and other pollutants released in atmospheric experiments and/or interventions threatens public 9
32	32	health and safety, with the potential to cause harm and desiccation of all biological life, contributing 10
33	33	to drought and the hazard of catastrophic forest fires; and 11
34	34	(3) It is therefore in the public interest to prohibit solar radiation modification (SRM), 12
35	35	sunlight reflection methods (SRM), solar radiation management (SRM), cloud seeding, and any 13
36	36	other polluting atmospheric experiments and/or interventions. 14
37	37	SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 15
38	38	amended by adding thereto the following chapter: 16
39	39	CHAPTER 23.8 17
40	40	THE RHODE ISLAND CLEAN AIR PRESERVATION ACT 18
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43	43	LC000763 - Page 2 of 9
44	44	23-23.8-1. Short title. 1
45	45	This chapter shall be known and may be cited as "The Rhode Island Clean Air Preservation 2
46	46	Act". 3
47	47	23-23.8-2. Definitions. 4
48	48	As used in this chapter: 5
49	49	(1) "Air National Guard" means the Rhode Island air national guard (RI ANG) is the aerial 6
50	50	militia of the State of Rhode Island. It is not in the normal United States Air Force chain of 7
51	51	command. In the event that RI ANG is federalized, the governor shall form a state guard to defend 8
52	52	Rhode Island airspace. 9
53	53	(2) "Artificial intelligence (AI)" means a field of science and technology encompassing 10
54	54	systems and tools that can perform tasks typically requiring human intelligence, such as learning, 11
55	55	reasoning, pattern recognition, and decision-making, often through computational techniques like 12
56	56	machine learning and neural networks. AI operates within defined parameters to analyze, predict, 13
57	57	and execute actions based on complex datasets, with applications ranging from healthcare and 14
58	58	genomics to military systems and public policy. 15
59	59	(3) "Atmospheric activity" means any deliberate polluting experiment or intervention 16
60	60	conducted by any iteration of human, machine learning, or artificial intelligence (AI) or any 17
61	61	combination thereof, that occurs in the atmosphere and may have harmful consequences upon 18
62	62	health, the environment, wildlife, and/or agriculture. 19
63	63	(4) "Atmospheric contaminant" means any type of aerosol, biologic and/or trans-biologic 20
64	64	agent, chaff, genetically modified agent, graphene-oxide, metal, radioactive material, vapor, 21
65	65	particulate down to or less than one nanometer in diameter, smart dust, and any air pollutant 22
66	66	regulated by the state, any xenobiotic (foreign-to-life) electromagnetic radiation and fields, 23
67	67	mechanical vibration and other physical agents, or any combination of these contaminants. 24
68	68	(5) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles 25
69	69	containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which 26
70	70	fall to the ground in about one day, or for nanochaff, years, and then fall and break apart; 27
71	71	Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), known also as "forever chemicals," are an 28
72	72	ingredient in chaff. 29
73	73	(6) "Cloud seeding" means a type of weather engineering or experimentation that may 30
74	74	change the amount or type of precipitation by dispersing chemicals or chemical compounds such 31
75	75	as dry ice (CO2), silver iodide (AGI), or Tri-methyl aluminum (TMA) into the atmosphere by means 32
76	76	of aircraft or ground generators. 33
77	77	(7) “Desiccate” means to dry up or cause to dry up. 34
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81	81	(8) "Entity" means any of the following: an individual; trust; firm; joint stock company; 1
82	82	corporation, including a quasi-governmental corporation; non-governmental organization (NGO), 2
83	83	partnership; public private partnership; association; syndicate; municipality or state or municipal 3
84	84	agency; program; fire district; club; nonprofit agency; commission; university; college or academic 4
85	85	institution; department or agency of the state; the federal government; or any interstate or 5
86	86	international governance or instrumentality thereof; including foreign, domestic and mercenary 6
87	87	armed services or region within the United States; artificial intelligence (AI). 7
88	88	(9) "Geoengineering" means the intentional large-scale alteration or manipulation of the 8
89	89	environment, typically involving the release of aerosols, chemicals, chemical compounds, 9
90	90	electromagnetic radiation and/ or other physical agents that increase air pollution and effect changes 10
91	91	to earth's atmosphere or surface, inclusive of solar radiation modification (SRM), solar radiation 11
92	92	management (SRM), sunlight reflection methods (SRM), stratospheric aerosol injection (SAI), 12
93	93	cirrus cloud thinning (CCT), marine cloud brightening (MCB), or cloud seeding. 13
94	94	(10) "Hazard" means a substance or physical agent by its nature harmful to living 14
95	95	organisms, generally, and/or to property or another interest of value. 15
96	96	(11) "Individual" means any man, woman, or child. 16
97	97	(12) "Intervention" means the act of interfering with weather processes, altering 17
98	98	atmospheric or environmental conditions, or releasing pollutants by methods including, but not 18
99	99	limited to, solar radiation modification (SRM), sunlight reflection methods (SRM), solar radiation 19
100	100	management (SRM), stratospheric aerosol injection (SAI), marine cloud brightening (MCB), cirrus 20
101	101	cloud thinning (CCT), weather modification, cloud seeding, or outdoor pollution dispersion 21
102	102	modeling. 22
103	103	(13) "Irradiating infrastructure" means a facility, antenna, instrument, equipment, or 23
104	104	satellite used for the transmission and/or reception of pulse-modulated radiofrequency/microwave 24
105	105	radiation for communications and other purposes. 25
106	106	(14) "Laser" means light amplification by stimulated emission for radiation devices. Lasers 26
107	107	typically have unique frequencies in the infrared, visible, or ultraviolet parts of the electromagnetic 27
108	108	spectrum. 28
109	109	(15) "Machine learning" means the process relative to AI, in which a machine can learn on 29
110	110	its own without being explicitly programmed. 30
111	111	(16) "Physical agent" means an agent other than a substance including, without limitation, 31
112	112	radiofrequency/microwave (RF/MW) radiation pollution and other electromagnetic radiation 32
113	113	pollution and fields, maser, barometric pressure, temperature, gravity, kinetic weaponry, 33
114	114	mechanical vibration and sound. 34
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118	118	(17) "Pollution" means the discharge, dispersal, deposition, injection, release, seepage, 1
119	119	migration or escape of pollutants. 2
120	120	(18) "Pollutants" means any solid, liquid, gaseous, or thermal irritant, contaminant, or 3
121	121	substance, including smoke, vapor, soot, fumes, aerosol plumes, acid, alkalis, chemicals including, 4
122	122	but not limited to, barium, strontium, tri-methyl aluminum, sulfur dioxide, magnesium, chemical 5
123	123	compounds, coal-fly ash, chaff, artificially produced electric fields, magnetic field, electromagnetic 6
124	124	field, electromagnetic pulse (EMP), sound waves, sound pollution, light pollution, microwaves, 7
125	125	and all artificially produced ionizing or non-ionizing radiation, and/or waste. Waste includes 8
126	126	materials to be recycled, reconditioned or reclaimed. 9
127	127	(19) "Release" means any activity that results in the issuance or deposition of pollutants 10
128	128	such as the emitting, transmitting, dispersion, discharging or injecting of one or more nuclear, 11
129	129	biological, trans-biological, chemical, and/or physical agents into the ambient atmosphere, whether 12
130	130	once, intermittently, or continuously. 13
131	131	(20) "Satellite" means a facility launched into earth's orbit to perform functions including, 14
132	132	but not limited to, transmission of electromagnetic radiation pollution via communications, global 15
133	133	positioning, intelligence gathering, weather forecasting, weather experimentation, weather 16
134	134	modification and weaponry. Currently satellites are operating in low earth orbit (LEO), medium 17
135	135	earth orbit (MEO), and high earth orbit (HEO). 18
136	136	(21) "Satellite weather modification system (SWMS)" means weather modification by 19
137	137	satellites involves a space-based, man-made network of satellites communicating in real-time with 20
138	138	other satellites and ground-based infrastructure via transmission of electromagnetic radiation 21
139	139	pollution such as lasers. 22
140	140	(22) "Solar radiation modification (SRM)", "sunlight reflection methods (SRM)", or "solar 23
141	141	radiation management (SRM)" means an experiment in the earth's climatic system involving the 24
142	142	release of pollutants that reduces the amount of sunlight reaching the earth's surface. SRM involves 25
143	143	the use of inter-operable ground-based, airborne, and space-based facilities. 26
144	144	(23) "State police" means the Rhode Island state police (RISP), an agency of the State of 27
145	145	Rhode Island responsible for statewide law enforcement and regulation, especially in areas 28
146	146	underserved by local police agencies and on the state's limited-access highways. 29
147	147	(24) "Weather engineering" means the deliberate manipulation or alteration of the 30
148	148	environment for the purpose of changing the weather or climate by artificial means, through 31
149	149	interventions involving the release of pollutants into the atmosphere via cloud seeding for small-32
150	150	scale, large-scale, and global-scale alteration of the environment. 33
151	151	(25) "Weather modification" means any activity performed with the intention of producing 34
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154	154	LC000763 - Page 5 of 9
155	155	artificial changes in the composition, behavior, or dynamics of the atmosphere. 1
156	156	23-23.8-3. Regulation by the state. 2
157	157	(a) Government and armed forces projects shall meet all the requirements of this chapter. 3
158	158	If an activity deemed a hazard by this chapter has been approved, explicitly or implicitly, by the 4
159	159	federal government, the Rhode Island state police (RISP) shall issue a notice to the appropriate 5
160	160	federal agency that the activity cannot lawfully be carried out within or over the state. 6
161	161	(b) RISP is authorized to and shall implement this chapter, determining when violations 7
162	162	have occurred and if deemed necessary shall refer potentially violative activity to the Rhode Island 8
163	163	air national guard. 9
164	164	23-23.8-4. Violative activity - Prohibition on solar radiation modification (SRM), 10
165	165	sunlight reflection methods (SRM), solar radiation management (SRM), cloud seeding, 11
166	166	weather modification, or other polluting atmospheric experiments and/or interventions. 12
167	167	(a) No person or entity shall engage in SRM or other polluting atmospheric 13
168	168	experimentation and/or interventions in this state, including through the use of an aircraft, balloon, 14
169	169	space-based platform, ground generators, or interoperable ground-based facility. 15
170	170	(b) The state police shall immediately issue and publicly report a cease-and-desist order, 16
171	171	when an unlawful polluting atmospheric activity is suspected. The cease-and-desist order under 17
172	172	this section shall have the weight of a court order and any violation shall be punished in accordance 18
173	173	with § 23-23.8-6. 19
174	174	23-23.8-5. Departmental notice to cease federal or foreign-approved programs. 20
175	175	(a) Where an activity deemed hazardous by this chapter has been approved, explicitly or 21
176	176	implicitly, by the federal government or a government agency, the state police shall issue a notice 22
177	177	to the appropriate federal authority, agency, entity, or academic institution that the polluting 23
178	178	intervention cannot lawfully be carried out within or over the State of Rhode Island. 24
179	179	(b) Government agencies or projects, academic institutions, public or private entities, and 25
180	180	armed forces operating within or above the State of Rhode Island shall meet all the requirements 26
181	181	of this chapter. 27
182	182	23-23.8-6. Penalties and enforcement. 28
183	183	An entity that engages in a prohibited polluting atmospheric experiment and/or intervention 29
184	184	under this chapter or person who uses an unmarked or unidentified aircraft or other vehicle or 30
185	185	facility to carry out an experiment and/or intervention involving the release of pollutants, or who 31
186	186	fails to comply with the regulations set forth: 32
187	187	(1) Has committed a felony and shall pay a fine of not less than five hundred thousand 33
188	188	dollars ($500,000) or be imprisoned for not less than five (5) years, or both; 34
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192	192	(2) Shall be guilty of a separate offense for each day during which violative activity has 1
193	193	been conducted, repeated, or continued; 2
194	194	(3) Rhode Island state police shall deputize and train volunteer Rhode Island citizens to 3
195	195	assist with the enforcement of the provisions of this chapter. 4
196	196	(4) The Rhode Island state police or deputies shall investigate reports of SRM or radiation 5
197	197	pollution to ensure compliance with the requirements of this chapter or the administrative 6
198	198	regulations promulgated hereunder. 7
199	199	23-23.8-7. Investigatory findings -- Responses. 8
200	200	As established in this chapter, scientific dimensions of SRM include the use of 9
201	201	interoperable ground-based, airborne, and space-based facilities involving the release of pollutants, 10
202	202	including radiation. There are ever-increasing numbers of pollution-generating, microwave-11
203	203	irradiating instruments used in weather experimentation including, but not limited to, ground-based 12
204	204	facilities interoperable with drones and satellites. Such infrastructures and the electrical grid are 13
205	205	vulnerable to radiation pollution interference, EMP events and cyber-attacks, potentially leading to 14
206	206	accidents, fatalities, damage to critical infrastructures, possible collapse of commerce systems and 15
207	207	the failure of essential public utilities, costing the state billions of dollars. Therefore, irradiating 16
208	208	infrastructure shall be subject to evaluation by an independent licensed radiofrequency (RF) 17
209	209	engineer paid for by the facility owner. RF engineer shall provide findings in a report to be 18
210	210	submitted to the Rhode Island state police, therefore: 19
211	211	(1) Radiation signal strength metered at the reported location is not to exceed -75 dBm 20
212	212	(decibel-milliwatt) for any frequency or channel band specified by a transmitting entity’s FCC 21
213	213	transmission license; or, maximum power output limit from all frequencies/antennas from a 22
214	214	wireless facility is not to exceed 0.1 watt of effective radiated power (ERP) so as to provide -75 23
215	215	dBm signal strength at 1/2 mile, or five (5) bars on a cell phone. If signal strength metered by RF 24
216	216	engineer is in excess of -75 dBm (decibel-milliwatt), the facility operator has thirty (30) days to 25
217	217	achieve compliance without disruption to performance of personal wireless services. The Rhode 26
218	218	Island state police or deputies shall perform random testing from time to time to ensure facility 27
219	219	compliance with this chapter. Failure to comply will result in a fine of not less than five hundred 28
220	220	thousand dollars ($500,000) per day for each day the facility is out of compliance. Deliberate 29
221	221	falsification or altering of information shall be punished in accordance with § 23-23.8-6(1) and (2). 30
222	222	All public and private entities operating in the state shall comply with these guidelines. 31
223	223	(2) To reduce pollution and ensure the economic protection and privacy of Rhode Islanders, 32
224	224	the safe and secure deployment of hardwired, fiber-optic connections to the premises (FTTP) to 33
225	225	homes, schools, and businesses shall be required, thereby providing the ability to conduct financial 34
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229	229	transactions and complete lifesaving communications in the event that electronic interactions by 1
230	230	existing means are compromised, hacked, restricted, or not possible. To safeguard the wellbeing of 2
231	231	Rhode Islanders, consumer choice options, including non-wireless routers, non-wireless modems, 3
232	232	and non-wireless mechanical analog utility meters, within home, property, or business shall be 4
233	233	offered to customers without additional fees. 5
234	234	SECTION 3. Section 30-15-7 of the General Laws in Chapter 30-15 entitled "Emergency 6
235	235	Management" is hereby amended to read as follows: 7
236	236	30-15-7. Governor’s general powers. 8
237	237	The governor shall be responsible for carrying out the provisions of this chapter and shall 9
238	238	be primarily responsible for emergency management in the state. Aside from powers granted to the 10
239	239	governor elsewhere, the governor is hereby specifically authorized to: 11
240	240	(1) Issue executive orders, proclamations, and regulations and amend or rescind them. 12
241	241	Executive orders, proclamations, and regulations, for the purposes of this chapter, have the force 13
242	242	and effect of law; 14
243	243	(2) Cooperate with the federal authorities and with the governors and/or officials of the 15
244	244	other states in matters pertaining to the common disaster preparedness of the states and nation, and 16
245	245	in exercising the powers under this chapter, the governor shall avoid duplications of, and conflicts 17
246	246	with, the efforts of the federal authorities acting within their proper spheres; 18
247	247	(3) Consider on a continuing basis steps that could be taken to prevent or reduce the harmful 19
248	248	consequences of disasters. At the governor’s direction, and pursuant to any other authority they 20
249	249	now have, state agencies, including, but not limited to, those that are or may be charged with 21
250	250	responsibilities in connection with flood plain management, stream encroachment and flow 22
251	251	regulation, weather modification, fire prevention and control, air quality, public works, land use 23
252	252	and land-use planning, and construction standards, shall make studies of disaster-prevention-related 24
253	253	matters. The governor, from time to time, shall make recommendations to the general assembly, 25
254	254	local governments, and other appropriate public and private entities as may facilitate measures for 26
255	255	mitigation of the harmful consequences of disasters; 27
256	256	(4) Prepare a comprehensive plan and program for disasters (including response and 28
257	257	recovery) in the state, the plan and program to be integrated into, and coordinated with, the response 29
258	258	and disaster plans of other states to the fullest possible extent, and coordinate the preparation of 30
259	259	plans and programs for disasters by the political subdivisions of the state, such plans to be integrated 31
260	260	into, and coordinated with the state disaster plan and program to the fullest possible extent; 32
261	261	(5) In accordance with the plans and programs for disasters in the state, procure supplies 33
262	262	and equipment, to institute training programs and public information programs, and to take all other 34
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266	266	preparatory steps, including the partial or full mobilization of disaster organizations in advance of 1
267	267	actual disaster, to ensure the furnishing of adequately trained and equipped forces of disaster 2
268	268	personnel in time of need; 3
269	269	(6) Delegate any administrative authority vested in the governor under this chapter and 4
270	270	provide for the subsequent delegation of that authority; and 5
271	271	(7) Do all other things necessary to ensure adequate preparation for disasters in the state, 6
272	272	not inconsistent with other provisions of law. 7
273	273	SECTION 4. This act shall take effect upon passage. 8
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275	275	LC000763
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280	280	EXPLANATION
281	281	BY THE LEGISLATIVE COUNCIL
282	282	OF
283	283	A N A C T
284	284	RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR
285	285	PRESERVATION ACT
286	286	***
287	287	This act establishes the Rhode Island Clean Air Preservation Act that establishes a 1
288	288	regulatory process to prohibit polluting atmospheric experimentation such as solar radiation 2
289	289	modification (SRM), sunlight reflection methods (SRM), solar radiation management (SRM), 3
290	290	geoengineering, weather modification, cloud seeding, or other atmospheric interventions involving 4
291	291	the release of pollutants including Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) known 5
292	292	also as "forever chemicals," within the state, providing penalties for violations. 6
293	293	This act would take effect upon passage. 7
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295	295	LC000763
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