2024 -- S 2540

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LC004968

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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: Senator E Morgan

     Date Introduced: March 01, 2024

     Referred To: Senate Environment & Agriculture

     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 RHODE ISLAND CLEAN AIR PRESERVATION ACT

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     23-23.8-1. Short title.

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

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Act".

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     23-23.8-2. Legislative intent.

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

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

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

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

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

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

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

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

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

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public billions of dollars.

 

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

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combined with continuous electromagnetic radiation exposure causes the desiccation of all

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

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

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

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emissions of electromagnetic radiation pollution.

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

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     The general assembly hereby declares:

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

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have become oppressive or destructive.

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

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electromagnetic radiation, pollution, weather engineering activities such as stratospheric aerosol

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

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

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     23-23.8-4. Definitions.

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

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to them in this section:

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     (1) "Air National Guard" means the Rhode Island Air National Guard, the aerial militia of

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the State of Rhode Island, and not in the United States Air Force chain of command.

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

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natural cloud or by materials injected into the atmosphere.

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

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the atmosphere above the state.

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

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

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collect. AI manifests in a number of forms.

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

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

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

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wildlife, and/or agriculture.

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

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

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

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

 

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physical agents, or any combination of these contaminants.

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      (7) "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

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

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

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

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

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

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

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

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

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armed services; or region within the United States.

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

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

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electromagnetic radiation and/or other physical-agents or pollutants that effect changes to Earth's

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atmosphere and/or surface and is inclusive of weather modification, stratospheric aerosol injection

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(SAI), or cloud-seeding.

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

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

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

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

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

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electromagnetic spectrum.

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

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its own without being explicitly programmed.

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

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

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pollution, and fields, maser, barometric pressure, temperature, gravity, kinetic weaponry,

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mechanical vibration and sound.

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

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escape of pollutants.

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

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

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

 

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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.

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

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

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     (19) "Release" means any activity that results in the issuance or deposition of pollutants

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

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

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intermittently, or continuously.

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

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

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

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

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

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

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

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radiation pollution such as lasers.

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     (22) "State police" means the Rhode Island State Police (RISP), an agency of the United

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States, State of Rhode Island, responsible for statewide law enforcement and regulation especially

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in areas underserved by local police agencies and on the state's limited access highways.

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

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

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

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

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nearly all cloud formations occur and weather conditions manifest.

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

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

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

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

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

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

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

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characteristics of the atmosphere.

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     (27) "Website" means publicly accessible internet website.

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

 

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ecological systems.

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     23-23.8-5. Regulation by the state.

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

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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,

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

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

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

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     (b) In order to fill the gaps and improve upon chapter 6.2 of title 42 ("2021 Act on

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Climate"), by reducing environmental pollution, the general assembly recognizes that

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transmissions by microwave antenna infrastructures are utilized for weather engineering and other

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purposes, creating an environmental and cyber security hazard. Therefore, protecting wildlife and

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

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safeguarding the public from the commodification and weaponization of massive data harvesting.

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

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

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

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

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

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instead of uninsurable polluting wireless irradiating infrastructure.

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

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verification of wireless communications facilities by an independent licensed radio frequency

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

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

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

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of electromagnetic radiation pollution.

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     (d) Potential violations shall be reported by state agencies or members of the public to the

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state police, as detailed in this chapter.

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     (e) The state police are authorized to and shall implement this chapter, determining when

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violations have occurred and if deemed necessary, shall refer potentially violative activity to the

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Air National Guard.

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     23-23.8-6. Violative activity.

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

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

 

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public produces evidence that the polluting atmospheric activity may be occurring.

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

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

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

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     (a) Where an activity in this chapter has been deemed hazardous has been approved,

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

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

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

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

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

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chapter.

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     23-23.8-8. Penalties and enforcement.

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

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

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

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

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

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

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been conducted, repeated, or continued; and

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     (3) Shall be deemed in violation of this chapter, and subject to further penalties under law.

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

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

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

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related environmental polluting activities.

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

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

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state police:

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

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

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

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

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

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

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     (d) A report to state police of potentially hazardous polluting emissions or electro-magnetic

 

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radiation pollution or fields, shall trigger investigation of the source(s) and contents of said

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emissions, without limitation. Spectrometry of air and rainwater and other testing may be used to

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determine specific contents of emissions. Where the emissions are harmful to humans or the

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environment, per primary scientific study, or building biology RF/MW radiation guidelines,

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enforcement shall ensue pursuant to § 23-23.8-8.

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

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

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

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

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

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trigger immediately for attention within two (2) hours state police emergency measurements of

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

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at the reported location. Where professional metering and monitoring equipment is needed but not

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owned by the state, state police shall partner with Rhode Island universities or colleges for

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investigative activity, in order to provide evidentiary findings that would qualify under the United

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States Supreme Court Daubert Rule in judiciary contexts.

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

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

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polluting emissions. Upon a finding of:

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

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natural environment, or electromagnetic radiation pollution found at hazardous levels according to

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building biology RF /MW radiation guidelines shall trigger enforcement as follows, over all federal,

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state and corporate entities:

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     (i) Immediate communication by state police of the requirement of the owner and/or

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operator of each facility or infrastructure deploying or releasing the specific agent or agents, to

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produce records of all data collection on emissions of the extant operations of any site(s) where

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

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department;

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     (ii) The issuance of the state police's order to cease operations of the facility/ies or

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infrastructure(s); and

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     (iii) The state police's evaluation within twenty-four (24) hours of the owner's and/or

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operator's performance in causing the cessation of all operations;

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

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

 

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

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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 the order issued by the state police,

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shall pay a fine of not less than five hundred thousand dollars ($500,000) per day for each day

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during which violative activity is conducted;

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

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meter (1 V/m);

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

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

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

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

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biology guidelines shall trigger:

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     (i) Immediate communication by state police of the requirement of the owner or operator

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

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

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produce records of all information collected on the extant operations at sites where excessive

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

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

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     (ii) Immediate communication by state police of the requirement of the operator of the

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facility, or utility or other service equipment at the reported location to provide within one business

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

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     (iii) The issuance of the state police's order to cease operations of all antennas on, and other

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deployments of energy or vibration emitted from, the measured structure or facility;

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     (iv) The issuance of the state police's evaluation within twenty-four (24) hours of the

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owner's or operator's performance in causing the cessation of all operations at the reported location;

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and

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     (v) State police referral to the department of the attorney general any potential criminal

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activity for prosecution.

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     SECTION 2. This act shall take effect upon passage.

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LC004968

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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

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

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

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

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

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

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

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precious natural resources.

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     This act would take effect upon passage.

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