2023 -- H 5866 | |
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LC001464 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- THE ATMOSPHERE PROTECTION ACT | |
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Introduced By: Representatives Quattrocchi, Place, Chippendale, Rea, and Nardone | |
Date Introduced: March 01, 2023 | |
Referred To: House Environment and Natural Resources | |
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 99 |
4 | THE ATMOSPHERE PROTECTION ACT |
5 | 23-99-1. Short title. |
6 | This chapter shall be known and may be cited as “The Atmosphere Protection Act.” |
7 | 23-99-2. Legislative intent. |
8 | (a) To preserve the safe, healthful, resilient and peaceful uses of Rhode Island’s atmosphere |
9 | for people, the environment, and agriculture, and to improve climate efforts, by prohibiting |
10 | hazardous atmospheric polluting activities, providing enforcement and penalties for violative |
11 | activity. |
12 | (b) The assembly finds that many atmospheric activities involving the intentional release |
13 | of hazardous emissions harm human health and safety, the environment, agriculture, aviation, |
14 | security, and the economy of the State of Rhode Island. |
15 | (c) It is, therefore, the intention of the general assembly to prohibit deliberate polluting |
16 | activities in Rhode Island's atmosphere and at ground level, as further set forth by the terms and |
17 | provisions of this chapter. |
18 | 23-99-3. Legislative findings. |
19 | (1) Scope. Inclusive of stratospheric aerosol injection (SAI), solar radiation management |
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1 | (SRM), weather modification, cloud-seeding, carbon dioxide removal (CDR), and other |
2 | techniques, hazardous atmospheric activities are diverse, varying greatly in their characteristics and |
3 | consequences. Included herein are anthropogenic, intentionally polluting atmospheric activities, |
4 | and may involve ground-based, underwater, and/or atmosphere-based activities, including, without |
5 | limitation, aerosol injection, and other deployments by facilities such as aircraft, rockets, unmanned |
6 | aerial vehicles (UAVs) and drones of all sizes down to pico, large balloons, wireless infrastructures, |
7 | ships and/or submarines. |
8 | (2) Scope of regulatory authority. Aerosol injection, cloud-seeding, weather modification, |
9 | geoengineering and other hazardous atmospheric activities, purposed to intentionally pollute and/or |
10 | manipulate the environment, are hereby prohibited within or above the State of Rhode Island. |
11 | (3) SRM activities include, without limitation: |
12 | (i) Atmospheric sunscreens or solar shields: Known-to-be toxic reflective materials are |
13 | injected into the stratosphere. These include, without limitation, sulfur dioxide (SO2), sulfuric acid |
14 | (H2- SO4) and aluminum oxide (Al2O3). |
15 | (ii) Carbon black or black carbon releases: Deliberate, atmospheric releases of soot are |
16 | used to produce artificial weather events. In particular, aerosolized coal combustion fly ash liberates |
17 | dispersed aluminum, which, when absorbed into human and other bodies, is a primary factor in the |
18 | pronounced increase in neurological diseases and the widespread debilitation of Earth’s biota. |
19 | (iii) Rocket emissions: Entirely unregulated, these include, without limitation, black carbon |
20 | soot and alumina particles in addition to carbon monoxide (CO), chlorine, sulfuric compounds, |
21 | methane, and water vapor, a “greenhouse gas,” blocking sunlight and reflecting terrestrial heat; |
22 | (iv) Cloud brightening: Sodium chloride (NaCl) or sea salt, seawater, nitric acid (HNO3), |
23 | and/or other materials injected into clouds make the clouds more reflective, after which the salt and |
24 | other materials rain out over land areas contaminating freshwater supplies. |
25 | (v) Salt flare rockets: Fired into clouds, these rockets trigger rain downpours containing |
26 | salt, which contaminates freshwater supplies, desiccates surfaces, and makes the atmosphere and |
27 | exposed biota, including humans, more conductive; |
28 | (vi) Cloud-seeding releases of Silver Iodide (AgI) and/or solid dry ice (a registered |
29 | pesticide), which is carbon dioxide (CO2), the latter increasing carbon levels that state policies |
30 | rather intend to decrease; |
31 | (vii) Less direct sunlight reaching Earth’s surface, with fewer winter freezes and higher |
32 | humidity, resulting in increased molds, mildews, fungi, and other pathogens and pests that develop |
33 | from such conditions – with human, animal, pollinating insect, and plant diseases resulting |
34 | therefrom; |
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1 | (viii) Increases in acid rain loads from the airborne injection or releases of sulfur and |
2 | aluminum oxides, with human, animal, plant, and water-resource degradation; |
3 | (ix) Changes in distribution patterns and chemical contents of rainfall, resulting in floods |
4 | and droughts; |
5 | (x) Algal blooms, with impacts upon human health, aquatic systems, and economies; |
6 | (xi) The near-impossibility of restoring devalued natural resources, with the undermining |
7 | and waste of state-funded conservation programs; |
8 | (xii) The potential, through radiative forcing, to reflect too much heat back to Earth, or to |
9 | produce excessive cold by reflecting too much cosmic energy away from Earth, and to bring about |
10 | feedback loops creating weather extremes. |
11 | (xiii) Increased ultraviolet (UV) radiation (including UVA, UVB, and UVC) at Earth's |
12 | surface: UV is strongly absorbed by organic materials such as living tissues, with UVC’s high |
13 | energy and small wavelength particularly capable of destroying DNA and reproduction; |
14 | (xiv) Increased combustibility of Earth’s terrestrial surfaces, by means of fallen |
15 | particulates, some pyrophoric and/or desiccating, with increased incidence of fires; |
16 | (xv) Significant increases in ambient mechanical vibration and noise pollution, leading to, |
17 | without limitation, increased incidence of nervous system and cardiac irregularities; |
18 | (xvi) Increased metals content in surface-dwelling and aquatic organisms, producing |
19 | heightened bodily electrical conductivity and radiation absorption, with more susceptibilities and |
20 | damages; particularly where atmospheric electrical charges are naturally or otherwise intensified; |
21 | (xvii) Extreme harm to vulnerable human subpopulations and to the more vulnerable |
22 | species such as bees and other pollinators; |
23 | (xviii) Significant changes to Earth’s atmosphere’s electric, magnetic, and electromagnetic |
24 | properties through the induction of high-intensity, decimeter-, centimeter-, and millimeter-wave |
25 | microwave radiation from increasingly densified wireless facilities, terrestrial and atmospheric, |
26 | resulting in extreme and less predictable weather, the desiccation of humans, animals, insects and |
27 | plants; blood-cell clumping (Rouleaux formation), blood-clotting increase, and blood-oxygen |
28 | deprivation in humans and animals; diabetes and asthma increase in humans and animals; and the |
29 | reduction and ultimate eradication of animal and insect populations, particularly pollinators |
30 | dependent for navigation upon geomagnetism; |
31 | (xix) Visibility impairment and clutter, reducing aviation safety and accelerating collision |
32 | rates with satellites, balloons and nearly one million “space-junk” or “space-debris” particles; |
33 | (xx) RF/MW radiation interference from exponentially increasing numbers of microwave- |
34 | irradiating satellites interacting with ground based infrastructure potentially costing the public |
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1 | billions of dollars; |
2 | (xxi) Per the William & Mary Law Review, the enabling of the Internet of Bodies (IoB), a |
3 | “mesh” or grid through which every human and most animals would contain worn, ingested, |
4 | inhaled, and/or injected chips or sensors of micro to pico size with transmitting antennas, with every |
5 | body functioning as an internet node with thousands of internal datapoints, toward complete |
6 | warrantless surveillance and control, even by foreign entities, with constant biometric data |
7 | collection and loss of autonomy under an overarching Artificial Intelligence, in violation of the |
8 | U.S. Constitution’s Fourth Amendment as well as the Rhode Island State Constitution’s Article I, |
9 | §7. |
10 | (xxii) Vulnerability of communications signals from the potential for solar flare alteration |
11 | or demolition of space-based solar power systems. |
12 | (xxiii) Electrical grid is vulnerable to attack through the hackability of the “smart” grid and |
13 | “smart” devices; Intense microwave radiation spikes transmitted from the “smart” grid, inclusive |
14 | of “smart” meters, could spark fires, in addition to harming health and the environment. |
15 | (xxiv) Increasing incidence of dementias, learning impairments, cardiovascular and |
16 | respiratory diseases, diabetes, autoimmunity, birth defects, infertility, cancers, and early death in |
17 | humans; and increasing impairment, disease, debility and early death likewise in other living |
18 | beings. |
19 | (xxv) Mass psychological and social changes by means of lithium and other psychoactive |
20 | substances’ releases; |
21 | (xxvi) Increased damage to the ozone layer; |
22 | (xxvii) Carbon capture and sequestration programs redistribute pollution, storing it |
23 | underground instead of stopping the pollution before it exits the smokestack; |
24 | (xxviii) Economic losses to various sectors of society and to the state itself, resulting from, |
25 | without limitation, human health damages, with productivity loss, increased and earlier health-care |
26 | needs, and heightened suffering for those injured and/or sensitized by prior hazardous exposures; |
27 | (xxiv) Contaminated soils and water supplies, loss of pollinators such as bees, butterflies |
28 | and birds, decreased crop yields, dead and dying forests, loss of habitats, decline of fisheries, rising |
29 | pollution cleanup costs, and less solar power production from lack of sunlight reaching Earth's sur- |
30 | face; |
31 | (xxx) The potential and ease for enemies, foreign and domestic, to cause harm |
32 | intentionally; |
33 | (A) Necessity arising from federal stance. |
34 | (I) States’ “rights”, including their authorities, are correctly exerted where federal |
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1 | restrictions have become oppressive or destructive. |
2 | (II) In view of these facts, the general assembly declares that all hazardous atmospheric |
3 | activities such as aerosol injection, cloud-seeding, weather modification and other forms of geo- |
4 | engineering, must be prohibited in order to prevent the intentional release of harmful polluting |
5 | emissions, with penalties and enforcement provided for violative activity. |
6 | 23-99-4. Definitions. |
7 | For purposes of this chapter, the following terms shall have the following meanings: |
8 | (1) “Albedo” means the fraction of incident radiation, such as light and heat, reflected by |
9 | a natural cloud or by materials injected into the atmosphere. |
10 | (2) "Area" means a portion within the confines of the state or its territorial waters, including |
11 | the atmosphere above the state. |
12 | (3) "Artificial intelligence" or “AI” means and refers to systems or machines that mimic |
13 | human intelligence to perform tasks and can iteratively improve themselves based on the |
14 | information they collect. AI manifests in a number of forms. |
15 | (4) "Atmospheric activity" means any deliberate polluting activity conducted by any |
16 | iteration of human, machine learning, or artificial intelligence (AI) or any combination thereof, that |
17 | occurs in the atmosphere and may have harmful consequences upon health, the environment and/or |
18 | agriculture. |
19 | (5) "Atmospheric contaminant" means any type of aerosol, biologic and/or transbiologic |
20 | agent, chaff, genetically modified agent, metal, radioactive material, vapor, particulate down to or |
21 | less than one nanometer in diameter, and any air pollutant regulated by the state, including without |
22 | limitation those deemed "unnecessary" pursuant to the general laws, any xenobiotic (foreign-to- |
23 | life) electromagnetic radiation and fields, mechanical vibration and other physical agents, or any |
24 | combination of these contaminants. |
25 | (6) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles |
26 | containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which |
27 | fall to ground in about one day, or for nanochaff, years, and then fall and break apart; while |
28 | purposed to confuse foreign radars and satellite vision, chaff can cause power outages and interfere |
29 | with air-traffic control; |
30 | (7) "Department" means the Rhode Island department of environmental management |
31 | (DEM). |
32 | (8) “Director” means the director of the department of environmental management (DEM). |
33 | (9) “Entity" means any of the following: individual; trust; firm; joint stock company; |
34 | corporation, including a quasi-governmental corporation; non-governmental organization (NGO), |
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1 | partnership; association; syndicate; municipality or state or municipal agency; program; fire |
2 | district; club; nonprofit agency; commission; university or college in this state; department or |
3 | agency of the state, the federal government, or any interstate or international governance or |
4 | instrumentality thereof, including foreign, domestic and mercenary armed services; or region |
5 | within the United States. |
6 | (10) "Geoengineering" means the intentional manipulation of the environment, involving |
7 | nuclear, biological, transbiological, chemical, electromagnetic and/or other physical-agent |
8 | contaminants that effect changes to Earth's atmosphere and/or surface; and is inclusive of weather |
9 | modification, aerosol injection, or cloud-seeding. |
10 | (11) “Hazard” means a substance or physical agent by its nature harmful to living |
11 | organisms, generally, and/or to property or another interest of value. |
12 | (12) “Individual” means any man, woman or child. |
13 | (13) "Machine learning" means the process relative to AI, in which a machine can learn on |
14 | its own without being explicitly programmed. |
15 | (14) “Physical agent ” means an agent other than a substance, including, without limitation, |
16 | radiofrequency/microwave and other electromagnetic radiation and fields, barometric pressure, |
17 | temperature, gravity, kinetic weaponry, mechanical vibration and sound. |
18 | (15) ”Radiative forcing” means measures of heat energy coming from the sun and reflected |
19 | back to space, as opposed to measures of terrestrial heat energy, reflected back to Earth’s surface. |
20 | (16) "Release" means any activity that results in the issuance of contaminants such as the |
21 | emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-biological, |
22 | chemical, and/or physical agents into the ambient atmosphere; whether once, intermittently, or |
23 | continuously. |
24 | (17) “Stratosphere” means the region of the upper atmosphere extending upward from the |
25 | edge of the troposphere to about thirty (30) miles fifty kilometers (50 km) above the Earth. |
26 | (18) “Troposphere” means the region of the lowest layer of the atmosphere, six (6) to |
27 | twelve (12) miles high in altitude, wherein temperature steadily drops with increasing altitude and |
28 | nearly all cloud formations occur and weather conditions manifest. |
29 | (19) “Weather modification” means the changing, controlling, or interfering with; or |
30 | attempting to change, control, or interfere with; the natural development of cloud forms, |
31 | precipitation, barometric pressure, temperature, conductivity and/or other electromagnetic or sonic |
32 | characteristics of the atmosphere. |
33 | 23-99-5. Regulation by the state. |
34 | (a) Given officials’ obligation to promote the safety of life and property, and due to the |
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1 | lack of state security and potential for significant harm, all state climate-related appointees shall |
2 | be, or have been, administered the state oath of office and shall fulfill the obligations thereunder to |
3 | protect the state and federal constitutions and Rhode Island constituents, requiring appointees’ |
4 | direct responsiveness to constituents and not to foreign or out-of-state entities. |
5 | (b) The department shall refer potential violations as reported by state agencies or members |
6 | of the public to the emergency management protection agency, as set forth in this chapter. |
7 | (c) There is hereby created a health-and-environment protection trust fund into which shall |
8 | be deposited violation fines under this chapter. |
9 | (d) The department is authorized to and shall implement this chapter, determining when |
10 | violations have occurred and referring them to compliance authorities. |
11 | 23-99-6. Violative activity. |
12 | (a) The director shall immediately issue a cease-and-desist order upon the discovery of a |
13 | potentially hazardous atmospheric activity, where an agency, department, office, program, or |
14 | member of the public produces evidence to the department that the atmospheric activity may be |
15 | occurring that involves intentional release of a hazardous emission. |
16 | (b) The cease-and-desist order under subsection (a) of this section, shall have the weight |
17 | of a court order and any violation shall be punished under law. |
18 | 23-99-7. Departmental notice to cease federal or foreign-approved programs. |
19 | (a) Where an activity that the department has deemed hazardous has been approved, |
20 | explicitly or implicitly, by the federal government, the department shall issue a notice to the |
21 | appropriate federal authority or agency that the hazardous activity cannot lawfully be carried out |
22 | within or over the State of Rhode Island, pursuant to the tenth amendment of the United States |
23 | Constitution. |
24 | (b) Government and armed forces projects operating within or above the State of Rhode |
25 | Island shall meet all the requirements of this chapter. |
26 | 23-99-8. Penalties and enforcement. |
27 | An entity or individual who engages in an activity under this chapter or person who uses |
28 | an unmarked or unidentified aircraft or other vehicle or facility to carry out a hazardous atmospheric |
29 | activity involving intentional pollution or who fails to comply with the regulations set forth: |
30 | (1) Has committed a felony and shall pay a fine of not less than five hundred thousand |
31 | dollars ($500,000) or be imprisoned for not less than three (3) years, or both; |
32 | (2) Shall be guilty of a separate offense for each day during which violative activity has |
33 | been conducted, repeated, or continued; and |
34 | (3) Shall be deemed in violation, and subject to further penalties under any other applicable |
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1 | state environmental protection laws. |
2 | 23-99-9. Public participation – Reporting. |
3 | (a) The department shall encourage the public to monitor, measure, document and report |
4 | present, potential and past incidents that may constitute cloud-seeding, weather modification, |
5 | geoengineering or other intentional hazardous atmospheric polluting activities. |
6 | (b) An individual who presents evidence of potentially harmful atmospheric activity under |
7 | subsection (a) of this section, shall email or otherwise write and send any of the following to the |
8 | director or to any state police office or public official: |
9 | (1) Evidentiary photographs, each separately titled as an electronic or hard-copy document, |
10 | with the respective location from which, and, if the content is from other than a measuring device, |
11 | the direction in which, the photo was taken, with its time and date; |
12 | (2) Independent precipitation analysis reports, photography, videography, audiography, |
13 | microscopy, spectrometry, metering, and other forms of evidence shall similarly be submitted in |
14 | writing to the director or to any state office, or any state public official; and |
15 | (3) Videography of activity involving intentional release of hazardous emissions. |
16 | (c) A public official who has received information under subsection (a) of this section, and |
17 | has reason to suspect violative activity based on evidence presented by an agency or individual |
18 | under subsection (b) of this section, shall, directly or through a designee, report in writing within |
19 | twenty-four (24) hours all documentary and supportive evidence to the emergency management |
20 | protection agency for enforcement. |
21 | (d) A report to any state official of apparently harmful nuclear, biological, transbiological |
22 | and/or chemical (“NBC”) emissions shall trigger investigation of the source(s) and contents of said |
23 | emissions, without limitation. Spectrometry of air and rainwater and other testing may be used to |
24 | determine specific contents of emissions. Where the emissions are harmful to humans or the |
25 | environment, per primary scientific study, enforcement shall ensue pursuant to § 23-99-8. |
26 | (e) A report to any state official of excessive electromagnetic radiation or fields, as defined |
27 | in subsection (b) of this section in any part of the spectrum, including, without limitation, |
28 | microwave or maser, infrared, light or laser, and ionizing radiation, or report of intense mechanical |
29 | vibration, noise, or other physical agent, with evidence, including possible photographs, |
30 | videography, audio recordings, measurements of the agents, or other detection, shall trigger |
31 | immediately for attention within two (2) hours DEM emergency measurements of peaks and |
32 | averages over time with the appropriate, calibrated meters and forensic, detection devices both at |
33 | and near the reported location. Where professional metering and monitoring equipment is needed |
34 | but not owned by the state, DEM personnel shall partner with academic institutions for investigative |
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1 | activity, in order to provide evidentiary findings that would qualify under the Supreme Court |
2 | Daubert Rule in judiciary contexts. |
3 | 23-99-10. Investigatory findings – Responses. |
4 | As established in this chapter, manipulation of the environment involves the intentional |
5 | release of hazardous polluting emissions. A finding of: |
6 | (1) Any NBCs that are either xenobiotic and should not exist in the natural environment, |
7 | or that are found at xenobiotic levels or levels beyond the legal limits of the state or federal |
8 | government, shall trigger enforcement as follows, over all federal, state and corporate entities: |
9 | (i) DEM’s immediate communication of the requirement of the owner and/or operator of |
10 | each facility or infrastructure deploying or releasing the specific agent or agents, to produce records |
11 | of all data collection on emissions of the extant operations of any site(s) at or near where xenobiotic |
12 | agents or excessive levels are or have been detected, and convey said records to the department; |
13 | (ii) DEM’s order to cease operations of the facilities or infrastructure(s) other than those |
14 | operations needed for police, fire, emergency services, and aviation safety; and |
15 | (iii) DEM’s evaluation within twenty-four (24) hours of the owner's and/or operator's |
16 | performance in causing the cessation of all operations except those activities exempted under |
17 | subsection (1)(ii) of this section. |
18 | (2) Radiofrequency/ Microwave (RF/MW) radiation, including maser, of signal strength |
19 | metered at and near the reported, publicly-accessible location in excess of -85 dBm (decibel- |
20 | milliwatt) for any frequency or channel band specified by a transmitting entity’s FCC transmission |
21 | license; |
22 | (3) Extreme-low-frequency alternating current (AC) electric fields in excess of one volt |
23 | per meter (V/m); |
24 | (4) Magnetic fields in excess of one milliGauss (mG); |
25 | (5) Transients in the electrical wiring, also called "dirty electricity", which must be filtered |
26 | for safety; |
27 | (6) Ionizing radiation in excess of 0.02 milliSievert per hour (mSv/h); |
28 | (7) Laser, Li-Vi, strobe, or other light with harmful effects; or |
29 | (8) Any vibration, noise, saser, sonic weapon, or other physical agent exceeding other |
30 | official limits, guidelines or standards, such as eCode360, shall trigger: |
31 | (i) DEM‘s immediate communication of the requirement of the owner or operator of each |
32 | antenna, or facility or infrastructure deploying excessively energy-demanding and/or public- |
33 | exposing transmissions, or other source of energy or vibration at or near the reported location, to |
34 | produce records of all data collection on the extant operators at one or more sites near where |
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1 | excessive xenobiotic electromagnetism and fields, mechanical vibration, or other physical agents |
2 | are or have been detected, and to convey said records to the department within twenty-four (24) |
3 | hours; |
4 | (ii) DEM’s immediate communication of the requirement of the owner of the facility, or |
5 | utility or other service equipment at or near the reported location to provide within one business |
6 | day all data collection records up to that date and time of electrical usage at or near the reported |
7 | location. |
8 | (iii) DEM’s order to cease operations of all antennas on, and other deployments of energy |
9 | or vibration emitted from, the measured structure or facility, other than the operations needed for |
10 | police, fire, emergency services, and aviation safety; |
11 | (iv) DEM’s evaluation within twenty-four (24) hours of the owner's or operator's |
12 | performance in causing the cessation of all operations except those activities exempted under |
13 | subsection (8)(iii) of this section; and |
14 | (v) Emergency management preparedness agency referral of potential criminal activity to |
15 | the judiciary for prosecution. |
16 | 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 ATMOSPHERE PROTECTION ACT | |
*** | |
1 | This act would prohibit the intentional release of hazardous polluting emissions into the |
2 | atmosphere and provide for a natural climate while increasing resiliency by prohibiting deliberate |
3 | atmospheric pollution and manipulation of the environment. Violation fees would be collected and |
4 | placed into a trust fund for municipal-level allocation for projects that promote the safety of life |
5 | and property as well as environmental and agricultural health free from hazardous atmospheric |
6 | activities. |
7 | This act would take effect upon passage. |
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