Rhode Island 2025 Regular Session

Rhode Island House Bill H5217 Latest Draft

Bill / Introduced Version Filed 01/29/2025

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