Vermont 2025-2026 Regular Session

Vermont House Bill H0217 Compare Versions

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11 BILL AS INTRODUCED H.217
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66 H.217 1
77 Introduced by Representatives Burtt of Cabot, Branagan of Georgia, Coffin of 2
88 Cavendish, Cooper of Pownal, Dobrovich of Williamstown, 3
99 Goslant of Northfield, Harvey of Castleton, Higley of Lowell, 4
1010 Lipsky of Stowe, Morgan, L. of Milton, Nelson of Derby, North 5
1111 of Ferrisburgh, O’Brien of Tunbridge, Powers of Waterford, 6
1212 Pritchard of Pawlet, Southworth of Walden, Sweeney of 7
1313 Shelburne, Tagliavia of Corinth, Wells of Brownington, and 8
1414 Winter of Ludlow 9
1515 Referred to Committee on 10
1616 Date: 11
1717 Subject: Conservation and development; air pollution; geoengineering 12
1818 Statement of purpose of bill as introduced: This bill proposes to prohibit the 13
1919 use of solar radiation modification, cloud seeding, geoengineering, and other 14
2020 polluting atmospheric experiments and interventions. It would require reports 15
2121 of violations to be made to the Vermont State Police, sheriffs, or deputized 16
2222 Vermont citizens to enforce the provisions. 17
2323 An act relating to prohibiting geoengineering 18 BILL AS INTRODUCED H.217
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2828 It is hereby enacted by the General Assembly of the State of Vermont: 1
2929 Sec. 1. SHORT TITLE 2
3030 This act may be cited as the “Vermont Clean Air Preservation Act.” 3
3131 Sec. 2. 10 V.S.A. chapter 23A is added to read: 4
3232 CHAPTER 23A. GEOENGINEERING 5
3333 § 587. DEFINITIONS 6
3434 As used in this chapter: 7
3535 (1) “Atmospheric activity” means any polluting experiment or 8
3636 intervention conducted by any person, artificial intelligence, or any 9
3737 combination thereof, that occurs in the atmosphere and may have harmful 10
3838 consequences upon health, the environment, or agriculture. 11
3939 (2) “Chaff” means aluminum-coated silica glass fibers typically 12
4040 dispersed in bundles containing 5,000,000 to 100,000,000 inhalable fibers, 13
4141 which fall to the ground in about one day, or for nano-chaff, years, and then 14
4242 fall and break apart. Perfluoroalkyl and polyfluoroalkyl substances (PFAS), 15
4343 known also as “forever chemicals,” are an ingredient in chaff. 16
4444 (3) “Cloud seeding” is a type of weather engineering or experimentation 17
4545 that may change the amount or type of precipitation by dispersing chemicals or 18
4646 chemical compounds such as dry ice (CO2), silver iodide (AgI), or Tri-methyl 19
4747 aluminum (TMA) into the atmosphere by means of aircraft or ground 20
4848 generators. 21 BILL AS INTRODUCED H.217
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5353 (4) “Entity” means any of the following: individual; trust; firm; joint 1
5454 stock company; corporation, including a quasigovernmental corporation; 2
5555 nongovernmental organization; public or private partnership; association; 3
5656 syndicate; municipality or municipal agency; program; fire district; club; 4
5757 nonprofit agency; commission; university; college or academic institution; 5
5858 State department or agency; the federal government or any interstate or 6
5959 international governance or instrumentality thereof, including foreign, 7
6060 domestic, and mercenary armed services or region within the United States; 8
6161 and artificial intelligence. 9
6262 (5) “Geoengineering” means the intentional large-scale alteration or 10
6363 manipulation of the environment involving the release of aerosols, chemicals, 11
6464 chemical compounds, electromagnetic radiation, or other physical agents that 12
6565 increase air pollution and effect changes to the earth’s atmosphere or surface, 13
6666 inclusive of solar radiation modification, sunlight reflection methods, 14
6767 stratospheric aerosol injection (SAI), cirrus cloud thinning (CCT), marine 15
6868 cloud brightening (MCB), or cloud seeding. 16
6969 (6) “Hazard” means a process, substance, or physical agent that by its 17
7070 nature is harmful to living organisms generally or to property or another 18
7171 interest of value. 19
7272 (7) “Intervention” means the act of interfering with weather processes or 20
7373 altering atmospheric or environmental conditions or releasing pollutants by 21 BILL AS INTRODUCED H.217
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7878 methods including SRM, SAI, MCB, CCT, weather modification, cloud 1
7979 seeding, or outdoor pollution dispersion modeling. 2
8080 (8) “Physical agent” means an agent, other than a substance, including 3
8181 radiofrequency/microwave (RF/MW) and other electromagnetic radiation and 4
8282 fields, barometric pressure, temperature, gravity, kinetic or de facto weaponry, 5
8383 mechanical vibration, and sound. 6
8484 (9) “Pollutant” means any aerosol; biologic; biologic or genetically 7
8585 modified agent; perfluoroalkyl and polyfluoroalkyl substances (PFAS) known 8
8686 also as “forever chemicals”; chaff; substance, including smoke, vapor, soot, 9
8787 fumes, acid, alkalis, chemicals, chemical compounds, and smart dust; 10
8888 artificially produced electric fields; magnetic fields, electromagnetic fields, 11
8989 electromagnetic pulse (EMP), sound waves, sound pollution, light pollution, 12
9090 and microwaves; and all artificially produced ionizing or nonionizing radiation 13
9191 or waste. 14
9292 (10) “Pollution” means the discharge, dispersal, deposition, injection, 15
9393 release, seepage, migration, or escape of pollutants. 16
9494 (11) “Release” means any activity that results in the issuance of 17
9595 pollutants such as the emitting, transmitting, discharging, or injecting of one or 18
9696 more nuclear; biological; biological, chemical, or physical agents into the 19
9797 ambient atmosphere, whether once, intermittently, or continuously. 20 BILL AS INTRODUCED H.217
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102102 (12) “Solar radiation modification,” “sunlight reflection methods,” or 1
103103 “SRM” means an experiment in the earth’s climatic system involving the 2
104104 release of pollutants that reduces the amount of sunlight reaching the earth’s 3
105105 surface. Scientific dimensions of SRM include the use of interoperable 4
106106 ground-based, airborne, and space-based facilities. 5
107107 (13) “State Guard” means the entity established pursuant to 20 V.S.A. 6
108108 chapter 61. 7
109109 (14) “Weather engineering” means the deliberate manipulation or 8
110110 alteration of the environment for the purpose of changing the weather or 9
111111 climate by artificial means, through interventions involving the release of 10
112112 pollutants into the atmosphere via cloud seeding for small-scale, large-scale, 11
113113 and global-scale alteration of the environment. 12
114114 (15) “Weather modification” means changing, controlling, or interfering 13
115115 with or attempting to change, control, or interfere with the natural development 14
116116 of cloud forms, precipitation, barometric pressure, temperature, conductivity, 15
117117 or other electromagnetic or sonic characteristics of the atmosphere. 16
118118 § 588. PROHIBITION ON GEOENGINEERING 17
119119 (a) No person or entity shall engage in solar radiation modification (SRM) 18
120120 or any polluting atmospheric intervention in Vermont, including using an 19
121121 aircraft, a balloon, a space-based platform, a ground generator, or an 20
122122 interoperable ground-based facility. 21 BILL AS INTRODUCED H.217
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127127 (b) The Vermont State Police or a sheriff shall immediately issue a cease-1
128128 and-desist order when an unlawful polluting atmospheric intervention is 2
129129 suspected. The cease-and-desist order under this section shall have the weight 3
130130 of a court order and any violation shall be punished in accordance with section 4
131131 589a of this chapter. 5
132132 (c) Government and armed forces projects shall meet all the requirements 6
133133 of this chapter. If an activity deemed a hazard pursuant to this chapter has 7
134134 been approved, explicitly or implicitly, by the federal government, the State 8
135135 Police or a sheriff shall issue a notice to the appropriate federal agency that the 9
136136 activity cannot lawfully be carried out within or over the State of Vermont. 10
137137 (d) This chapter shall be implemented by the State Police and sheriffs, who 11
138138 shall determine whether violations have occurred and, if deemed necessary, 12
139139 shall refer potentially prohibited activity to the Vermont Air National Guard or 13
140140 State Guard. The State Police and the Vermont Air National Guard shall 14
141141 develop a policy to determine the process for referring violations to the 15
142142 National Guard and what the enforcement procedure is. 16
143143 § 589. COMMUNICATIONS INFRASTRUCTURE 17
144144 (a) Communications facilities shall be subject to evaluation by an 18
145145 independent licensed radiofrequency (RF) engineer paid for by the facility 19
146146 owner because SRM includes the use of interoperable ground-based, airborne, 20
147147 and space-based facilities and heightened radiation levels. 21 BILL AS INTRODUCED H.217
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152152 (b) The RF engineer shall provide findings in a report to be submitted to 1
153153 the local sheriff. The radiation signal strength metered at the reported location 2
154154 is not to exceed -75 dBm (decibel-milliwatt) for any frequency or channel band 3
155155 specified by a transmitting entity’s FCC transmission license; or, maximum 4
156156 power output limit from all frequencies or antennas from a wireless facility is 5
157157 not to exceed 0.1 watt of effective radiated power (ERP) so as to provide -75 6
158158 dBm signal strength at one-half mile, or five bars on a cell phone. If signal 7
159159 strength metered by the RF engineer is in excess of -75 dBm, the facility 8
160160 operator has 30 days to achieve compliance without disruption to performance 9
161161 of Vermonters’ personal wireless services. The State Police shall perform 10
162162 random testing from time to time to ensure facility compliance with this 11
163163 chapter. Failure to comply will result in a fine of not more than $50,000.00 per 12
164164 day for each day the facility is out of compliance. Deliberate falsification or 13
165165 altering of information related to this section shall constitute a violation of this 14
166166 chapter. All public and private entities operating in the state shall comply with 15
167167 the requirements of this section. 16
168168 § 589a. PENALTIES AND ENFORCEMENT 17
169169 (a) An entity or individual who engages in a polluting atmospheric 18
170170 intervention or who uses an unmarked or unidentified aircraft or other vehicle 19
171171 or facility to carry out SRM, SAI, geoengineering, weather modification, 20
172172 cloud-seeding, or any other polluting atmospheric intervention: 21 BILL AS INTRODUCED H.217
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177177 (1) has committed a felony and shall pay a fine of not more than 1
178178 $50,000.00 or be imprisoned for not more than two years, or both; 2
179179 (2) shall be guilty of a separate offense for each day during which 3
180180 violative activity has been conducted, repeated, or continued; and 4
181181 (3) shall be subject to the penalties of any other applicable pollution 5
182182 laws. 6
183183 (b) Each sheriff shall deputize and train one or more Vermont citizens to 7
184184 help enforce the provisions of this chapter. The State Police, sheriff, or a 8
185185 deputized Vermont citizen shall investigate reports of SRM, polluting 9
186186 atmospheric interventions, or radiation to ensure compliance with the 10
187187 requirements of this chapter. 11
188188 Sec. 3. EFFECTIVE DATE 12
189189 This act shall take effect on passage. 13