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:

     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 GEOENGINEERING ACT OF 2015

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

Geoengineering Act of 2015."

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

the following meaning:

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

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

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

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

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

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

property.

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

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

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

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

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

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

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

him or her by this chapter.

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

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

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

following:

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

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

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

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

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

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

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

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

government corporation), or any interstate body.

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

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

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

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

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

water, and air quality in the state.

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

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

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

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

for marine life.

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

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

perhaps delayed recovery of the ozone hole;

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

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

     (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;

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

the seafood industry;

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

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

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

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

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

crop soils and built structures;

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

to reductions in direct sunlight or diffuse sunlight;

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

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

contrails; and

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

contaminants, and other as yet unforeseen environmental harms.

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

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

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

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

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

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

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

ensure geoengineering programs are not implemented without public consent.

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

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

programs are not implemented without public consent.

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

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

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

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

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

on the application may take place.

     (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

department of environmental management.

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

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

the activity.

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

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

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

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

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

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

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

geoengineering shall be conducted, repeated, or continued.

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

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

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

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

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

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

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

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

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

modify the application.

     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

***

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

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

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

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

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

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

     This act would take effect upon passage.

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