2024 -- H 7295

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LC003665

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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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, and Bennett

     Date Introduced: January 26, 2024

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 23.8

THE RHODE ISLAND CLEAN AIR PRESERVATION ACT

     23-23.8-1. Short title.

     This chapter shall be known and may be cited as "The Rhode Island Clean Air Preservation

Act".

     23-23.8-2. Legislative intent -- Purpose.

     (a) Attempts to control the Earth's weather through solar radiation modification (SRM),

stratospheric aerosol injection (SAI), or other forms of weather engineering involve the release of

hazardous chemicals and/or xenobiotic (foreign-to-life) electromagnetic radiation pollution into the

atmosphere, threatening the public health and environmental conditions on the surface.

     (b) There are ever-increasing numbers of pollution-generating, microwave-irradiating

instruments used in weather engineering systems, including, but not limited to, ground-based

facilities interoperable with weather satellites. Such infrastructures and the electrical grid are

susceptible to radiofrequency/microwave radiation (RF/MW) interference and cyber-attacks,

potentially leading to accidents, fatalities, more frequent replacement of equipment, and costing the

public billions of dollars.

     (c) The accumulation of combustible agents contained in weather engineering aerosols

combined with continuous electromagnetic radiation exposure causes the desiccation of all

biological life and contributes to drought and the hazard of catastrophic forest fires.

     (d) It is therefore in the public interest to prohibit solar radiation modification (SRM)

experimentation and other hazardous weather engineering activities, as well as to begin reducing

emissions of electromagnetic radiation pollution.

     23-23.8-3. Legislative findings -- Necessity arising from federal stance.

     The general assembly finds and declares:

     (1) States' "rights", including their authorities, are correctly exerted where federal actions

have become oppressive or destructive.

     (2) In order to prevent the release of polluting emissions such as aerosols, chemicals, and

electromagnetic radiation, weather engineering activities such as stratospheric aerosol injection

(SAI), cloud-seeding, and weather modification are prohibited in Rhode Island's atmosphere and at

ground level, with penalties and enforcement provided for violative activity.

     23-23.8-4. Definitions.

     The following words and phrases when used in this chapter shall have the meanings given

to them in this section:

     (1) "Albedo" means the fraction of incident radiation, such as light and heat, reflected by a

natural cloud or by materials injected into the atmosphere.

     (2) "Area" means a portion within the confines of the state or its territorial waters, including

the atmosphere above the state.

     (3) "Artificial intelligence" or "AI" means systems or machines that mimic human

intelligence to perform tasks and can iteratively improve themselves based on the information they

collect. AI manifests in a number of forms.

     (4) "Atmospheric activity" means any deliberate polluting activity conducted by any

iteration of human, machine learning, or artificial intelligence (AI) or any combination thereof, that

occurs in the atmosphere and may have harmful consequences upon health, the environment,

wildlife, and/or agriculture.

     (5) "Atmospheric contaminant" means any type of aerosol, biologic and/or trans-biologic

agent, chaff, genetically modified agent, metal, radioactive material, vapor, particulate down to or

less than one nanometer in diameter, smart dust, and any air pollutant regulated by the state, any

xenobiotic (foreign to life) electromagnetic radiation and fields, mechanical vibration and other

physical agents, or any combination of these contaminants.

     (6) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles

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containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which

fall to the ground in about one day, or for nanochaff, years, and then fall and break apart.

     (7) "Department" means the state department of environmental management (DEM).

     (8) "Director" means the director of the department of environmental management (DEM).

     (9) "Desiccate" means to dry up or cause to dry up.

     (10) "Entity" means any of the following: individual; trust; firm; joint stock company;

corporation, including a quasi-governmental corporation; non-governmental organization (NGO);

partnership; public private partnership; association; syndicate; municipality or state or municipal

agency; program; fire district; club; nonprofit agency; commission; university; college or academic

institution; department or agency of the state, the federal government, or any interstate or

international governance or instrumentality thereof, including foreign, domestic and mercenary

armed services; or region within the United States.

     (11) "Geoengineering" means the intentional alteration or manipulation of the

environment, involving the release of nuclear, biological, chemical (NBC), transbiological,

electromagnetic radiation and/or other physical-agents or contaminants that effect changes to

Earth's atmosphere and/or surface and is inclusive of weather modification, stratospheric aerosol

injection (SAI), or cloud-seeding.

     (12) "Hazard" means a substance or physical agent by its nature harmful to living

organisms, generally, and/or to property or another interest of value.

     (13) "Individual" means any man, woman or child.

     (14) "Laser" means light amplification by stimulated emission for radiation devices. Lasers

typically have unique frequencies in the infrared, visible, or ultra-violet parts for the

electromagnetic spectrum.

     (15) "Machine learning" means the process relative to AI, in which a machine can learn on

its own without being explicitly programmed.

     (16) "Physical agent" means an agent other than a substance, including, without limitation,

radiofrequency/microwave (RF/MW) radiation and other electromagnetic radiation and fields,

barometric pressure, temperature, gravity, kinetic weaponry, mechanical vibration and sound.

     (17) "Pollution" means the discharge, dispersal, deposition, release, seepage, migration or

escape of pollutants.

     (18) "Pollutants" means any solid, liquid, gaseous, or thermal irritant, contaminant, or

substance including smoke, vapor, soot, fumes, aerosol plumes, acid, alkalis, chemicals, artificially

produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves,

sound pollution, light pollution, microwaves, and all artificially produced ionizing or non-ionizing

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radiation, and/or waste. Waste includes materials to be recycled, reconditioned or reclaimed.

     (19) "Radiative forcing" means measures of heat energy coming from the sun and reflected

back to space, versus measures of terrestrial heat energy, reflected back to Earth's surface.

     (20) "Release" means any activity that results in the issuance or deposition of contaminants

such as the emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-

biological, chemical and/or physical agents into the ambient atmosphere, whether once,

intermittently, or continuously.

     (21) "Satellite" means a machine launched into Earth's orbit to perform functions including,

but not limited to, communications, global positioning, intelligence gathering, weather

modification and weaponry. Currently satellites are operating in low Earth orbit (LEO), medium

Earth orbit (MEO), and high Earth orbit (HEO).

     (22) "Satellite weather modification system (SWMS)" means weather modification by

satellites which involves a space-based, man-made network of satellites able to communicate in

real time with other satellites and ground-based infrastructure via transmission of electromagnetic

radiation such as lasers.

     (23) "Stratosphere" means the region of the upper atmosphere extending upward from the

edge of the troposphere to about thirty (30) miles fifty kilometers (50 km) above the Earth.

     (24) "Troposphere" means the region of the lowest layer of the atmosphere, six (6) to

twelve (12) miles high in altitude, wherein temperature steadily drops with increasing altitude and

nearly all cloud formations occur and weather conditions manifest.

     (25) "Weather engineering" means the deliberate manipulation or alteration of the

environment for the purpose of changing the weather or climate by artificial means, typically

involving the deliberate release of polluting emissions in the atmosphere via cloud seeding, for

small-scale, large-scale, and global-scale alteration of the environment.

     (26) "Website" means the department's publicly accessible Internet website.

     (27) "Weather modification" means changing, controlling, or interfering with or attempting

to change, control, or interfere with the natural development of cloud forms, precipitation,

barometric pressure, temperature, conductivity and/or other electromagnetic or sonic

characteristics of the atmosphere.

     (28) "Xenobiotic" means a chemical, compound or physical agent that is foreign to life and

ecological systems.

     23-23.8-5. Regulation by the state.

     (a) Given officials' obligation to promote the safety of life and property, and due to the

ability of enemies both foreign and domestic to cause harm intentionally, all state personnel

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appointed or tasked with climate-related activities shall be citizens of the United States,

administered the state oath of office, and shall fulfill the obligations thereunder to protect the state

and federal constitutions and Rhode Island constituents, requiring appointees' direct responsiveness

to constituents and not to foreign or out-of-state entities.

     (b) In order to fill the gaps and improve upon chapter 6.2 of title 42 ("act on climate"), by

reducing environmental pollution, the general assembly recognizes that transmissions by

microwave antenna infrastructures are utilized for weather engineering and other purposes, creating

an environmental and cyber security hazard. Therefore, protecting wildlife and people from

exposure to radiation pollution is of the utmost urgency, while at the same time safeguarding the

public from the commodification and weaponization of massive data harvesting.

     (1) Per the Fourth Amendment of the U.S. Constitution, and article 1, section 6 of the

constitution of the State of Rhode Island: "The right of the people to be secure in their persons,

papers and possessions, against unreasonable searches and seizures, shall not be violated".

     (2) Therefore, to boost the cyber security of Rhode Islanders, the safe and secure

deployment of hard-wired, fiber-optic connections to the premises (FTTP) shall be prioritized

instead of uninsurable polluting wireless irradiating infrastructure.

     (c) To begin the process of reducing RF/MW radiation pollution, evaluation and

verification of wireless communications facilities by an independent licensed radio frequency

engineer is necessary. Analysis of wireless facilities shall include specifications for the generating

equipment, various frequencies, modulation characteristics and rates, intensities and

concentrations, directionalities, reflection and duration specifications of any type of transmission

of electromagnetic radiation pollution.

     (d) The department shall refer potential violations as reported by state agencies or members

of the public to the DEM's office of compliance and inspection (OC&I), as detailed in this chapter.

     (e) The department is authorized to and shall implement this chapter, determining when

violations have occurred and referring them to OC&I compliance authorities.

     23-23.8-6. Violative activity.

     (a) The director shall immediately issue a cease-and-desist order upon the discovery of a

polluting atmospheric activity, where an agency, department, office, program, or member of the

public produces evidence to the department that the polluting atmospheric activity may be

occurring.

     (b) The cease-and-desist order under subsection (a) of this section shall have the weight of

a court order and any violation shall be punished under law.

     23-23.8-7. Departmental notice to cease federal or foreign-approved programs.

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     (a) Where an activity that the department has deemed hazardous has been approved,

explicitly or implicitly, by the federal government, the department shall issue a notice to the

appropriate federal authority, agency, or university that the hazardous activity cannot lawfully be

carried out within or over the State of Rhode Island, pursuant to the Tenth Amendment.

     (b) Government agencies or projects, universities, public or private entities, and armed

forces operating within or above the State of Rhode Island shall meet all the requirements of this

chapter.

     23-23.8-8. Penalties and enforcement.

     An entity or individual who engages in an activity under this chapter, or person who uses

an unmarked or unidentified aircraft or other vehicle or facility to carry out an activity involving

the release of polluting emissions, or who fails to comply with the regulations set forth in this

chapter, shall be deemed in violation of this chapter, and:

     (1) Has committed a felony and shall pay a fine of not less than five hundred thousand

dollars ($500,000) or be imprisoned for not less than five (5) years, or both; and

     (2) Shall be guilty of a separate offense for each day during which the violation has been

conducted, repeated, or continued.

     23-23.8-9. Public participation -- Reporting.

     (a) The department shall encourage the public to monitor, measure, document and report

incidents that may constitute stratospheric aerosol injection (SAI), weather modification, or other

environmental polluting activities.

     (b) An individual who presents evidence of a polluting atmospheric activity under

subsection (a) of this section shall email or otherwise write and send any of the following to the

director or to any state police office or public official:

     (1) Evidentiary photographs, each separately titled as an electronic or hard-copy document,

with the respective location from which, and, if the content is from other than a measuring device,

the direction in which, the photo was taken, with its time and date;

     (2) Independent precipitation analysis reports, photography, videography, audiography,

microscopy, spectrometry, metering, and other forms of evidence shall similarly be submitted; and

     (3) Videography of activity involving release of polluting emissions.

     (c) A public official who has received information pursuant to subsection (a) of this section

and has reason to suspect violative activity based on evidence presented by an individual or an

agency shall, directly or through a designee, report in writing within twenty-four (24) hours all

documentary and supportive evidence to DEM's office of compliance and inspection (OC&I) for

enforcement.

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     (d) A report to any state official of potential harmful nuclear, biological, chemical (NBC),

and/or transbiological emissions, and/or electromagnetic radiation or fields, shall trigger

investigation of the source(s) and contents of said emissions, without limitation. Spectrometry of

air and rainwater and other testing may be used to determine specific contents of emissions. Where

the emissions are harmful to humans or the environment, per primary scientific study, enforcement

shall ensue pursuant to § 23-23.8-8.

     (e) A report to any state official of excessive electromagnetic radiation or fields, (as defined

in §§ 23-23.8-4 and 23-23.8-10) in any part of the spectrum, including without limitation

microwave or maser, infrared, light or laser, ionizing and non-ionizing radiation, or report of

intense mechanical vibration, noise, or other physical agent, with evidence, including possible

photographs, videography, audio recordings, measurements of the agents, or other detection, shall

trigger immediately for attention within two (2) hours DEM emergency measurements of peaks

and averages over time with the appropriate, calibrated meters and forensic detection devices both

at and near the reported location. Where professional metering and monitoring equipment is needed

but not owned by the state, DEM personnel shall partner with Rhode Island universities or colleges

for investigative activity, so as to provide evidentiary findings that would qualify under the United

States Supreme Court Daubert Rule in judiciary contexts.

     23-23.8-10. Investigatory findings -- Responses.

     As established in this chapter, weather engineering involves the deliberate release of

polluting emissions. Upon a finding of:

     (1) Any NBCs that are either xenobiotic (foreign-to-life) and should not exist in the natural

environment, or electromagnetic radiation found at hazardous levels according to building biology

guidelines shall trigger enforcement as follows, over all federal, state and corporate entities:

     (i) DEM's immediate communication of the requirement of the owner and/or operator of

each facility or infrastructure deploying or releasing the specific agent or agents, to produce records

of all data collection on emissions of the extant operations of any site(s) at or near where xenobiotic

agents or excessive levels are or have been detected, and convey said records to the department;

     (ii) DEM's order to cease operations of the facility/ies or infrastructure(s); and

     (iii) DEM's evaluation within twenty-four (24) hours of the owner's and/or operator's

performance in causing the cessation of all operations.

     (2) Owners and/or operators of ground-based infrastructures or facilities transmitting

excessive radiofrequency/microwave (RF/MW) radiation, including maser, of signal strength

metered at and near the reported, publicly-accessible location in excess of negative eighty-five

milliwatt ( -85 dBm) for any frequency or channel band specified by a transmitting entity's FCC

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transmission license that fails to cease operations according to DEM's order, shall pay a fine of not

less than five hundred thousand dollars ($500,000) per day for each day during which violative

activity is conducted.

     (3) Extreme low-frequency alternating current (AC) electric fields in excess of one volt per

meter (1 V/m), or

     (4) Magnetic fields in excess of one milliGauss 1 (mG); or

     (5) Ionizing radiation in excess of two hundredths milliSievert per hour (0.02 mSv/h); or

     (6) Laser, lidar, Li-fi, strobe, or other light with harmful effects; or

     (7) Any vibration, noise, saser, sonic weapon, or other physical agent exceeding building

biology guidelines shall trigger:

     (i) DEM's immediate communication of the requirement of the owner or operator of each

antenna, or facility or infrastructure deploying excessively energy-demanding and/or public-

exposing transmissions, or other source of energy or vibration at the reported location, to produce

records of all information collected on the extant operators at sites where excessive xenobiotic

electro-magnetism and fields, mechanical vibration, or other physical agents are or have been

detected, and to convey said records to the department within twenty-four (24) hours;

     (ii) DEM's immediate communication of the requirement of the operator of the facility, or

utility or other service equipment at the reported location to provide within one business day all

records up to that date and time of electrical usage at the reported location;

     (iii) DEM's order to cease operations of all antennas on, and other deployments of energy

or vibration emitted from, the measured structure or facility;

     (iv) DEM's evaluation within twenty-four (24) hours of the owner's or operator's

performance in causing the cessation of all operations at the reported location; and

     (v) OC&I referrals of potential criminal activity to the judiciary for prosecution.

     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 -- THE RHODE ISLAND CLEAN AIR

PRESERVATION ACT

***

     The Rhode Island Clean Air Preservation Act would establish regulations to prohibit

stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, and

other hazardous weather engineering activities. For state security and public safety, this chapter

would disallow the release of polluting emissions, including electromagnetic radiation, in Rhode

Island's atmosphere and at ground level. The chapter also would improve health, protect the

environment and wildlife, enhance agriculture, and preserve Rhode Island's unique biodiversity and

precious natural resources.

     This act would take effect upon passage.

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