2024 -- S 2540 | |
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LC004968 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR | |
PRESERVATION ACT | |
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Introduced By: Senator E Morgan | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 23.8 |
4 | THE RHODE ISLAND CLEAN AIR PRESERVATION ACT |
5 | 23-23.8-1. Short title. |
6 | This chapter shall be known and may be cited as "The Rhode Island Clean Air Preservation |
7 | Act". |
8 | 23-23.8-2. Legislative intent. |
9 | (a) Attempts to control the Earth's weather through solar radiation modification (SRM), |
10 | stratospheric aerosol injection (SAI), or other forms of weather engineering involve the release of |
11 | hazardous chemicals and xenobiotic (foreign-to-life) electromagnetic radiation pollution into the |
12 | atmosphere, threatening the public health and environmental conditions on the surface. |
13 | (b) There are ever-increasing numbers of pollution-generating, microwave-irradiating |
14 | instruments used in weather engineering systems, including, but not limited to, ground-based |
15 | facilities interoperable with weather satellites. Such infrastructures and the electrical grid are |
16 | susceptible to radiofrequency/microwave radiation (RF/MW) interference and cyber-attacks, |
17 | potentially leading to accidents, fatalities, more frequent replacement of equipment, and costing the |
18 | public billions of dollars. |
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1 | (c) The accumulation of combustible agents contained in weather engineering aerosols |
2 | combined with continuous electromagnetic radiation exposure causes the desiccation of all |
3 | biological life and contributes to drought and the hazard of catastrophic forest fires. |
4 | (d) It is therefore in the public interest to prohibit solar radiation modification (SRM) |
5 | experimentation and other hazardous weather engineering activities, as well as to begin reducing |
6 | emissions of electromagnetic radiation pollution. |
7 | 23-23.8-3. Legislative declarations -- Necessity arising from federal stance. |
8 | The general assembly hereby declares: |
9 | (1) "States' rights", including their authorities, are correctly exerted where federal actions |
10 | have become oppressive or destructive. |
11 | (2) In order to prevent the release of polluting emissions such as aerosols, chemicals, and |
12 | electromagnetic radiation, pollution, weather engineering activities such as stratospheric aerosol |
13 | injection (SAI), cloud-seeding, and weather modification are prohibited in Rhode Island's |
14 | atmosphere and at ground level, with penalties and enforcement provided for violative activity. |
15 | 23-23.8-4. Definitions. |
16 | The following words and phrases when used in this chapter shall have the meanings given |
17 | to them in this section: |
18 | (1) "Air National Guard" means the Rhode Island Air National Guard, the aerial militia of |
19 | the State of Rhode Island, and not in the United States Air Force chain of command. |
20 | (2) "Albedo" means the fraction of incident radiation, such as light and heat, reflected by a |
21 | natural cloud or by materials injected into the atmosphere. |
22 | (3) "Area" means a portion within the confines of the state or its territorial waters, including |
23 | the atmosphere above the state. |
24 | (4) "Artificial intelligence" or "AI" means systems or machines that mimic human |
25 | intelligence to perform tasks and can iteratively improve themselves based on the information they |
26 | collect. AI manifests in a number of forms. |
27 | (5) "Atmospheric activity" means any deliberate polluting activity conducted by any |
28 | iteration of human, machine learning, or artificial intelligence (AI) or any combination thereof, that |
29 | occurs in the atmosphere and may have harmful consequences upon health, the environment, |
30 | wildlife, and/or agriculture. |
31 | (6) "Atmospheric contaminant" means any type of aerosol, biologic and/or trans-biologic |
32 | agent, chaff, genetically modified agent, metal, radioactive material, vapor, particulate down to or |
33 | less than one nanometer in diameter, smart dust, and any air pollutant regulated by the state, any |
34 | xenobiotic (foreign to life) electromagnetic radiation and fields, mechanical vibration and other |
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1 | physical agents, or any combination of these contaminants. |
2 | (7) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles |
3 | containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which |
4 | fall to the ground in about one day, or for nanochaff, years, and then fall and break apart. |
5 | (8) "Desiccate" means to dry up or cause to dry up. |
6 | (9) "Entity" means any of the following: individual; trust; firm; joint stock company; |
7 | corporation, including a quasi-governmental corporation; non-governmental organization (NGO); |
8 | partnership; public private partnership; association; syndicate; municipality or state or municipal |
9 | agency; program; fire district; club; nonprofit agency; commission; university; college or academic |
10 | institution; department or agency of the state, the federal government, or any interstate or |
11 | international governance or instrumentality thereof, including foreign, domestic and mercenary |
12 | armed services; or region within the United States. |
13 | (10) "Geoengineering" means the intentional alteration or manipulation of the |
14 | environment, involving the release of nuclear, biological, chemical (NBC), transbiological, |
15 | electromagnetic radiation and/or other physical-agents or pollutants that effect changes to Earth's |
16 | atmosphere and/or surface and is inclusive of weather modification, stratospheric aerosol injection |
17 | (SAI), or cloud-seeding. |
18 | (11) "Hazard" means a substance or physical agent by its nature harmful to living |
19 | organisms, generally, and/or to property or another interest of value. |
20 | (12) "Individual" means any man, woman or child. |
21 | (13) "Laser" means light amplification by stimulated emission for radiation devices. Lasers |
22 | typically have unique frequencies in the infrared, visible, or ultra-violet parts for the |
23 | electromagnetic spectrum. |
24 | (14) "Machine learning" means the process relative to AI, in which a machine can learn on |
25 | its own without being explicitly programmed. |
26 | (15) "Physical agent" means an agent other than a substance, including, without limitation, |
27 | radiofrequency/microwave (RF/MW) radiation pollution, and other electromagnetic radiation |
28 | pollution, and fields, maser, barometric pressure, temperature, gravity, kinetic weaponry, |
29 | mechanical vibration and sound. |
30 | (16) "Pollution" means the discharge, dispersal, deposition, release, seepage, migration or |
31 | escape of pollutants. |
32 | (17) "Pollutants" means any solid, liquid, gaseous, or thermal irritant, contaminant, or |
33 | substance including smoke, vapor, soot, fumes, aerosol plumes, acid, alkalis, chemicals, artificially |
34 | produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves, |
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1 | sound pollution, light pollution, microwaves, and all artificially produced ionizing or non-ionizing |
2 | radiation, and/or waste. Waste includes materials to be recycled, reconditioned or reclaimed. |
3 | (18) "Radiative forcing" means measures of heat energy coming from the sun and reflected |
4 | back to space, versus measures of terrestrial heat energy, reflected back to Earth's surface. |
5 | (19) "Release" means any activity that results in the issuance or deposition of pollutants |
6 | such as the emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans- |
7 | biological, chemical and/or physical agents into the ambient atmosphere, whether once, |
8 | intermittently, or continuously. |
9 | (20) "Satellite" means a machine launched into Earth's orbit to perform functions including, |
10 | but not limited to, communications, global positioning, intelligence gathering, weather |
11 | modification and weaponry. Currently satellites are operating in low Earth orbit (LEO), medium |
12 | Earth orbit (MEO), and high Earth orbit (HEO). |
13 | (21) "Satellite weather modification system (SWMS)" means weather modification by |
14 | satellites which involves a space-based, man-made network of satellites able to communicate in |
15 | real time with other satellites and ground-based infrastructure via transmission of electromagnetic |
16 | radiation pollution such as lasers. |
17 | (22) "State police" means the Rhode Island State Police (RISP), an agency of the United |
18 | States, State of Rhode Island, responsible for statewide law enforcement and regulation especially |
19 | in areas underserved by local police agencies and on the state's limited access highways. |
20 | (23) "Stratosphere" means the region of the upper atmosphere extending upward from the |
21 | edge of the troposphere to about thirty (30) miles or fifty kilometers (50 km) above the Earth. |
22 | (24) "Troposphere" means the region of the lowest layer of the atmosphere, six (6) to |
23 | twelve (12) miles high in altitude, wherein temperature steadily drops with increasing altitude and |
24 | nearly all cloud formations occur and weather conditions manifest. |
25 | (25) "Weather engineering" means the deliberate manipulation or alteration of the |
26 | environment for the purpose of changing the weather or climate by artificial means, typically |
27 | involving the deliberate release of polluting emissions into the atmosphere via cloud seeding, for |
28 | small-scale, large-scale, and global-scale alteration of the environment. |
29 | (26) "Weather modification" means changing, controlling, or interfering with or attempting |
30 | to change, control, or interfere with the natural development of cloud forms, precipitation, |
31 | barometric pressure, temperature, conductivity and/or other electromagnetic or sonic |
32 | characteristics of the atmosphere. |
33 | (27) "Website" means publicly accessible internet website. |
34 | (28) "Xenobiotic" means a chemical, compound or physical agent that is foreign to life and |
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1 | ecological systems. |
2 | 23-23.8-5. Regulation by the state. |
3 | (a) Given officials' obligation to promote the safety of life and property, and due to the |
4 | ability of enemies both foreign and domestic to cause harm intentionally, all state personnel |
5 | appointed or tasked with climate-related activities shall be citizens of the United States, |
6 | administered the state oath of office, and shall fulfill the obligations thereunder to protect the state |
7 | and federal constitutions and Rhode Island constituents, requiring appointees' direct responsiveness |
8 | to constituents and not to foreign or out-of-state entities. |
9 | (b) In order to fill the gaps and improve upon chapter 6.2 of title 42 ("2021 Act on |
10 | Climate"), by reducing environmental pollution, the general assembly recognizes that |
11 | transmissions by microwave antenna infrastructures are utilized for weather engineering and other |
12 | purposes, creating an environmental and cyber security hazard. Therefore, protecting wildlife and |
13 | people from exposure to radiation pollution is of the utmost urgency, while at the same time |
14 | safeguarding the public from the commodification and weaponization of massive data harvesting. |
15 | (1) Per the Fourth Amendment of the U.S. Constitution, and article 1, section 6 of the |
16 | constitution of the State of Rhode Island: "The right of the people to be secure in their persons, |
17 | papers and possessions, against unreasonable searches and seizures, shall not be violated". |
18 | (2) Therefore, to boost the cyber security of Rhode Islanders, the safe and secure |
19 | deployment of hard-wired, fiber-optic connections to the premises (FTTP) shall be prioritized |
20 | instead of uninsurable polluting wireless irradiating infrastructure. |
21 | (c) To begin the process of reducing RF/MW radiation pollution, evaluation and |
22 | verification of wireless communications facilities by an independent licensed radio frequency |
23 | engineer is necessary. Analysis of wireless facilities shall include specifications for the generating |
24 | equipment, various frequencies, modulation characteristics and rates, intensities and |
25 | concentrations, directionalities, reflection and duration specifications of any type of transmission |
26 | of electromagnetic radiation pollution. |
27 | (d) Potential violations shall be reported by state agencies or members of the public to the |
28 | state police, as detailed in this chapter. |
29 | (e) The state police are authorized to and shall implement this chapter, determining when |
30 | violations have occurred and if deemed necessary, shall refer potentially violative activity to the |
31 | Air National Guard. |
32 | 23-23.8-6. Violative activity. |
33 | (a) The state police shall immediately issue a cease-and-desist order upon the discovery of |
34 | a polluting atmospheric activity, where an agency, department, office, program, or member of the |
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1 | public produces evidence that the polluting atmospheric activity may be occurring. |
2 | (b) The cease-and-desist order under subsection (a) of this section shall have the weight of |
3 | a court order and any violation shall be punished under law. |
4 | 23-23.8-7. Departmental notice to cease federal or foreign-approved programs. |
5 | (a) Where an activity in this chapter has been deemed hazardous has been approved, |
6 | explicitly or implicitly, by the federal government, the state police shall issue a notice to the |
7 | appropriate federal authority, agency, entity, or university that the hazardous activity cannot |
8 | lawfully be carried out within or over the State of Rhode Island, pursuant to the Tenth Amendment. |
9 | (b) Government agencies or projects, universities, public or private entities, and armed |
10 | forces operating within or above the State of Rhode Island shall meet all the requirements of this |
11 | chapter. |
12 | 23-23.8-8. Penalties and enforcement. |
13 | An entity or individual who engages in an activity under this chapter, or person who uses |
14 | an unmarked or unidentified aircraft or other vehicle or facility to carry out an activity involving |
15 | the release of polluting emissions, or who fails to comply with the regulations set forth: |
16 | (1) Has committed a felony and shall pay a fine of not less than five hundred thousand |
17 | dollars ($500,000) or be imprisoned for not less than five (5) years, or both; |
18 | (2) Shall be guilty of a separate offense for each day during which the violative activity has |
19 | been conducted, repeated, or continued; and |
20 | (3) Shall be deemed in violation of this chapter, and subject to further penalties under law. |
21 | 23-23.8-9. Public participation -- Reporting. |
22 | (a) The department shall encourage the public to monitor, measure, document and report |
23 | incidents that may constitute stratospheric aerosol injection (SAI), weather modification, or other |
24 | related environmental polluting activities. |
25 | (b) An individual who presents evidence of a polluting atmospheric activity under |
26 | subsection (a) of this section shall email or otherwise write and send any of the following to the |
27 | state police: |
28 | (1) Evidentiary photographs, each separately titled as an electronic or hard-copy document, |
29 | with the respective location from which, and, if the content is from other than a measuring device, |
30 | the direction in which, the photo was taken, with its time and date; |
31 | (2) Independent precipitation analysis reports, photography, videography, audiography, |
32 | microscopy, spectrometry, metering, and other forms of evidence shall similarly be submitted; and |
33 | (3) Videography of activity involving release of polluting emissions. |
34 | (d) A report to state police of potentially hazardous polluting emissions or electro-magnetic |
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1 | radiation pollution or fields, shall trigger investigation of the source(s) and contents of said |
2 | emissions, without limitation. Spectrometry of air and rainwater and other testing may be used to |
3 | determine specific contents of emissions. Where the emissions are harmful to humans or the |
4 | environment, per primary scientific study, or building biology RF/MW radiation guidelines, |
5 | enforcement shall ensue pursuant to § 23-23.8-8. |
6 | (e) A report to state police of excessive electromagnetic radiation or fields, (as defined in |
7 | §§ 23-23.8-4 and 23-23.8-10) in any part of the spectrum, including, without limitation, microwave |
8 | or maser, infrared, light or laser, ionizing and non-ionizing radiation, or report of intense |
9 | mechanical vibration, noise, or other physical agent, with evidence, including possible |
10 | photographs, videography, audio recordings, measurements of the agents, or other detection, shall |
11 | trigger immediately for attention within two (2) hours state police emergency measurements of |
12 | peaks and averages over time with the appropriate, calibrated meters and forensic detection devices |
13 | at the reported location. Where professional metering and monitoring equipment is needed but not |
14 | owned by the state, state police shall partner with Rhode Island universities or colleges for |
15 | investigative activity, in order to provide evidentiary findings that would qualify under the United |
16 | States Supreme Court Daubert Rule in judiciary contexts. |
17 | 23-23.8-10. Investigatory findings -- Responses. |
18 | As established in this chapter, weather engineering involves the deliberate release of |
19 | polluting emissions. Upon a finding of: |
20 | (1) Any pollutants that are either xenobiotic (foreign-to-life) and should not exist in the |
21 | natural environment, or electromagnetic radiation pollution found at hazardous levels according to |
22 | building biology RF /MW radiation guidelines shall trigger enforcement as follows, over all federal, |
23 | state and corporate entities: |
24 | (i) Immediate communication by state police of the requirement of the owner and/or |
25 | operator of each facility or infrastructure deploying or releasing the specific agent or agents, to |
26 | produce records of all data collection on emissions of the extant operations of any site(s) where |
27 | xenobiotic agents or excessive levels are or have been detected, and convey said records to the |
28 | department; |
29 | (ii) The issuance of the state police's order to cease operations of the facility/ies or |
30 | infrastructure(s); and |
31 | (iii) The state police's evaluation within twenty-four (24) hours of the owner's and/or |
32 | operator's performance in causing the cessation of all operations; |
33 | (2) Owners and/or operators of ground-based infrastructures or facilities transmitting |
34 | excessive radiofrequency/microwave (RF/MW) radiation, including maser, of signal strength |
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1 | metered at and near the reported, publicly-accessible location in excess of negative eighty-five |
2 | milliwatt ( -85 dBm) for any frequency or channel band specified by a transmitting entity's FCC |
3 | transmission license that fails to cease operations according to the order issued by the state police, |
4 | shall pay a fine of not less than five hundred thousand dollars ($500,000) per day for each day |
5 | during which violative activity is conducted; |
6 | (3) Extreme low-frequency alternating current (AC) electric fields in excess of one volt per |
7 | meter (1 V/m); |
8 | (4) Magnetic fields in excess of one milliGauss (1mG); |
9 | (5) Ionizing radiation in excess of two hundredths milliSievert per hour (0.02 mSv/h); |
10 | (6) Laser, lidar, Li-fi, strobe, or other light with harmful effects; or |
11 | (7) Any vibration, noise, saser, sonic weapon, or other physical agent exceeding building |
12 | biology guidelines shall trigger: |
13 | (i) Immediate communication by state police of the requirement of the owner or operator |
14 | of each antenna, or facility or infrastructure deploying excessively energy-demanding and/or |
15 | public-exposing transmissions, or other source of energy or vibration at the reported location, to |
16 | produce records of all information collected on the extant operations at sites where excessive |
17 | xenobiotic electro-magnetism and fields, mechanical vibration, or other physical agents are or have |
18 | been detected, and to convey said records to the state police within twenty-four (24) hours; |
19 | (ii) Immediate communication by state police of the requirement of the operator of the |
20 | facility, or utility or other service equipment at the reported location to provide within one business |
21 | day all records up to that date and time of electrical usage at the reported location; |
22 | (iii) The issuance of the state police's order to cease operations of all antennas on, and other |
23 | deployments of energy or vibration emitted from, the measured structure or facility; |
24 | (iv) The issuance of the state police's evaluation within twenty-four (24) hours of the |
25 | owner's or operator's performance in causing the cessation of all operations at the reported location; |
26 | and |
27 | (v) State police referral to the department of the attorney general any potential criminal |
28 | activity for prosecution. |
29 | 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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1 | The Rhode Island Clean Air Preservation Act would establish regulations to prohibit |
2 | stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, and |
3 | other hazardous weather engineering activities. For state security and public safety, this chapter |
4 | would disallow the release of polluting emissions, including electromagnetic radiation, in Rhode |
5 | Island's atmosphere and at ground level. The chapter also would improve health, protect the |
6 | environment and wildlife, enhance agriculture, and preserve Rhode Island's unique biodiversity and |
7 | precious natural resources. |
8 | This act would take effect upon passage. |
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LC004968 | |
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