2015 -- H 5480

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LC001438

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY -- GEOENGINEERING

     

     Introduced By: Representatives MacBeth, and McLaughlin

     Date Introduced: February 12, 2015

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 23.8

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THE GEOENGINEERING ACT OF 2015

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     23-23.8-1. Short title. -- This chapter shall be known and may be cited as "The

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Geoengineering Act of 2015."

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     23-23.8-2. Definitions. -- The following words and phrases as used in this chapter have

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the following meaning:

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     (1) "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke,

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vapor, odor, toxic, or radioactive material, particulate matter, or any combination of these.

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     (2) "Air pollution" means presence in the outdoor atmosphere of one or more air

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contaminants in sufficient quantities, which either alone or in connection with other emissions, by

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reason of their concentration and duration may be injurious to human, plant or animal life, or

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cause damage to property or which unreasonably interfere with the enjoyment of life and

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property.

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     (3) "Area" means not only that portion or portions of the state as shall be described in the

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air pollution episode declaration of the governor, but also to any other portion or portions of the

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state where activities are carried on which contribute or may contribute to the air pollution

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episode in the portion or portions of the state described in the governor's declaration.

 

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     (4) "Department" means the Rhode Island department of environmental management.

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     (5) "Director" means the director of the department of environmental management or any

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subordinate or subordinates to whom the director has delegated the powers and duties vested in

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him or her by this chapter.

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     (6) "Geoengineering" means activities specifically and deliberately designed to effect a

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change in the area climate, with the intent or purpose of minimizing or masking anthropogenic

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climate change, including global warning. Such actions may include, but are not limited to, the

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following:

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     (i) Attempts to remove carbon dioxide from the atmosphere; and

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     (ii) Solar radiation management or cloud whitening, or similar process whereby aerosols,

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particles, chemicals, gases, vapors, or other compounds are injected into the atmosphere to reflect

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a portion of the sun's radiation back into space.

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     (7) "Person" means any individual, trust, firm, joint stock company, corporation

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(including a quasi-governmental corporation), partnership, association, syndicate, municipality,

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municipal or state agency, fire district, club, non-profit agency, or any subdivision, commission,

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department, bureau, agency, or department of state or federal government (including quasi-

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government corporation), or any interstate body.

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     23-23.8-3. Findings of fact. -- The general assembly finds and declares as follows:

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     (1) Geoengineering or climate remediation is a process that is in the experimental stages

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and, if unrestricted and unregulated, could have an economic impact on the state by potentially

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allowing increased amounts of air contaminants and air pollution throughout all areas of the state.

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     (2) Geoengineering could also have a negative impact on economic, environmental, soil,

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water, and air quality in the state.

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     (3) Geoengineering could have a negative impact on the state that it might be able to

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mask some impacts of greenhouse gases on the climate system, while doing nothing to address

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with the chemical consequences of increased carbon dioxide (CO2) concentrations in the

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atmosphere, including ocean acidification, a phenomenon that poses significant risks, particularly

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for marine life.

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     (4) Potential but foreseeable hazards of geoengineering could include:

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     (i) Decreased precipitation and evaporation, altered monsoon rains and winds, and

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perhaps delayed recovery of the ozone hole;

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     (ii) Producing reductions in regional rainfall that could rival those of past major droughts,

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leading to winners and losers among the human population and possible conflicts over water;

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     (iii) Promoting rain or snow in one area to the detriment of another;

 

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     (iv) Reducing the total amount of direct sunlight reaching earth's surface;

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     (v) Increased air, water pollution, and acid rains which will have a deleterious effect on

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the seafood industry;

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     (vi) Promoting an increase in acid rain from sulfur, aluminum oxide particles, gases or

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other compounds, which would cause adverse impacts on highly sensitive forest ecosystems;

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     (vii) Allowing sulfate, aluminum oxide particles (gases), or other compounds used in

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geoengineering schemes, to eventually fall from the stratosphere into the troposphere and “rain

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out” onto the land and ocean, contributing to ocean acidification and could negatively impact

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crop soils and built structures;

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     (viii) Decreasing the effectiveness of alternative forms of energy such as solar panels due

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to reductions in direct sunlight or diffuse sunlight;

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     (ix) Increasing atmospheric water vapor, a greenhouse gas, and cirrus clouds which are

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formed from aircraft engine exhaust and jet engine combustion often visible as persistent jet

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contrails; and

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     (x) Numerous other potential consequences that would produce air pollution, air

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contaminants, and other as yet unforeseen environmental harms.

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     23-23.8-4. Declaration of geoengineering policy. -- (a) With respect to geoengineering

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as described in this chapter, the general assembly declares that while the use of geoengineering to

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address climate change and global warming is a topic worthy for both scientific and other public

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investigation and debate, its implementation and use should be strictly regulated by the state at

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this time. Such regulation must include the opportunity for input and comment from the general

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public, as well as from the medical, environmental, and scientific communities.

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     (b) Air quality, air pollution, and the level of air contaminants, must be monitored to

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ensure geoengineering programs are not implemented without public consent.

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     (c) Tests must be performed on a continuous basis to ascertain levels of proposed and

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known chemicals, particles, gases, metals, other compounds, and materials to ensure that these

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programs are not implemented without public consent.

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     23-23.8-5. Limitations on geoengineering. -- (a) Any person seeking to implement,

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conduct, or engage in any form of geoengineering in any area of the state shall first file an

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application proposal to do so with the director of the department of environmental management.

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     (b) Upon receipt of such application, the director shall conduct a set of public hearings to

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review the proposal, which shall include a minimum of two (2) hearings where public comment

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on the application may take place.

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     (c) The director shall also solicit comment on the application proposal from the

 

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department of health, the coastal resources management council, and various divisions from the

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department of environmental management.

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     (d) After such hearing, the director shall render a decision on whether to permit the

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proposed application for geoengineering, and if permitted, what limitations shall be placed upon

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the activity.

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     (e) Any person aggrieved by a decision of the director may pursue an appeal of such

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decision through the administrative procedures act, chapter 35 of title 42.

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     23-23.8-6. Penalty for violations. -- (a) Any person who knowingly engages in

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geoengineering within any area of the state or who knowingly fails to comply with the decision of

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the director shall be punished by a fine of not more than five hundred dollars ($500) or by

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imprisonment for not more than ninety (90) days or by both fine and imprisonment, and every

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person shall be guilty of a separate and distinct offense for each day during which the act of

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geoengineering shall be conducted, repeated, or continued.

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     (b) Any person who knowingly engages in geoengineering within any area of the state or

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who knowingly fails to comply with the decision of the director shall also be deemed to be a

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violation of the air pollution episode control act pursuant to chapter 23 of title 23, and shall be

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subject to the provisions of that chapter, including, but not limited to, the use of executive orders

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to limit and restrain the actions of the person in violation thereof.

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     23-23.8-7. Rules and regulations. -- The director shall promulgate rules and regulations

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to implement the provisions of this chapter, including, but not limited to, rules and regulations

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governing the application process to implement geoengineering, the contents of the application,

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and the standards to be applied in making determinations as to whether to approve, disallow, or

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modify the application.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- GEOENGINEERING

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     This act would define and limit the use of geoengineering in the state. The act would

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define geoengineering as activities specifically and deliberately designed to effect a change in the

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area climate. The act would further provide that no person would implement geoengineering in

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any area of the state without first obtaining the permission of the director of the department of

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environmental management to do so. The process to obtain such permission would require a

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minimum of two (2) public hearings prior to any decision being issued.

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     This act would take effect upon passage.

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