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

     

     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:

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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 99

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THE ATMOSPHERE PROTECTION ACT

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     23-99-1. Short title.

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     This chapter shall be known and may be cited as “The Atmosphere Protection Act.”

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     23-99-2. Legislative intent.

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     (a) To preserve the safe, healthful, resilient and peaceful uses of Rhode Island’s atmosphere

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for people, the environment, and agriculture, and to improve climate efforts, by prohibiting

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hazardous atmospheric polluting activities, providing enforcement and penalties for violative

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activity.

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     (b) The assembly finds that many atmospheric activities involving the intentional release

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of hazardous emissions harm human health and safety, the environment, agriculture, aviation,

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security, and the economy of the State of Rhode Island.

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     (c) It is, therefore, the intention of the general assembly to prohibit deliberate polluting

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activities in Rhode Island's atmosphere and at ground level, as further set forth by the terms and

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provisions of this chapter.

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     23-99-3. Legislative findings.

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     (1) Scope. Inclusive of stratospheric aerosol injection (SAI), solar radiation management

 

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(SRM), weather modification, cloud-seeding, carbon dioxide removal (CDR), and other

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techniques, hazardous atmospheric activities are diverse, varying greatly in their characteristics and

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consequences. Included herein are anthropogenic, intentionally polluting atmospheric activities,

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and may involve ground-based, underwater, and/or atmosphere-based activities, including, without

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limitation, aerosol injection, and other deployments by facilities such as aircraft, rockets, unmanned

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aerial vehicles (UAVs) and drones of all sizes down to pico, large balloons, wireless infrastructures,

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ships and/or submarines.

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     (2) Scope of regulatory authority. Aerosol injection, cloud-seeding, weather modification,

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geoengineering and other hazardous atmospheric activities, purposed to intentionally pollute and/or

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manipulate the environment, are hereby prohibited within or above the State of Rhode Island.

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     (3) SRM activities include, without limitation:

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     (i) Atmospheric sunscreens or solar shields: Known-to-be toxic reflective materials are

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injected into the stratosphere. These include, without limitation, sulfur dioxide (SO2), sulfuric acid

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(H2- SO4) and aluminum oxide (Al2O3).

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     (ii) Carbon black or black carbon releases: Deliberate, atmospheric releases of soot are

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used to produce artificial weather events. In particular, aerosolized coal combustion fly ash liberates

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dispersed aluminum, which, when absorbed into human and other bodies, is a primary factor in the

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pronounced increase in neurological diseases and the widespread debilitation of Earth’s biota.

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     (iii) Rocket emissions: Entirely unregulated, these include, without limitation, black carbon

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soot and alumina particles in addition to carbon monoxide (CO), chlorine, sulfuric compounds,

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methane, and water vapor, a “greenhouse gas,” blocking sunlight and reflecting terrestrial heat;

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     (iv) Cloud brightening: Sodium chloride (NaCl) or sea salt, seawater, nitric acid (HNO3),

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and/or other materials injected into clouds make the clouds more reflective, after which the salt and

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other materials rain out over land areas contaminating freshwater supplies.

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     (v) Salt flare rockets: Fired into clouds, these rockets trigger rain downpours containing

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salt, which contaminates freshwater supplies, desiccates surfaces, and makes the atmosphere and

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exposed biota, including humans, more conductive;

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     (vi) Cloud-seeding releases of Silver Iodide (AgI) and/or solid dry ice (a registered

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pesticide), which is carbon dioxide (CO2), the latter increasing carbon levels that state policies

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rather intend to decrease;

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     (vii) Less direct sunlight reaching Earth’s surface, with fewer winter freezes and higher

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humidity, resulting in increased molds, mildews, fungi, and other pathogens and pests that develop

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from such conditions – with human, animal, pollinating insect, and plant diseases resulting

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therefrom;

 

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     (viii) Increases in acid rain loads from the airborne injection or releases of sulfur and

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aluminum oxides, with human, animal, plant, and water-resource degradation;

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     (ix) Changes in distribution patterns and chemical contents of rainfall, resulting in floods

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and droughts;

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     (x) Algal blooms, with impacts upon human health, aquatic systems, and economies;

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     (xi) The near-impossibility of restoring devalued natural resources, with the undermining

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and waste of state-funded conservation programs;

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     (xii) The potential, through radiative forcing, to reflect too much heat back to Earth, or to

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produce excessive cold by reflecting too much cosmic energy away from Earth, and to bring about

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feedback loops creating weather extremes.

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     (xiii) Increased ultraviolet (UV) radiation (including UVA, UVB, and UVC) at Earth's

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surface: UV is strongly absorbed by organic materials such as living tissues, with UVC’s high

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energy and small wavelength particularly capable of destroying DNA and reproduction;

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     (xiv) Increased combustibility of Earth’s terrestrial surfaces, by means of fallen

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particulates, some pyrophoric and/or desiccating, with increased incidence of fires;

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     (xv) Significant increases in ambient mechanical vibration and noise pollution, leading to,

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without limitation, increased incidence of nervous system and cardiac irregularities;

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     (xvi) Increased metals content in surface-dwelling and aquatic organisms, producing

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heightened bodily electrical conductivity and radiation absorption, with more susceptibilities and

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damages; particularly where atmospheric electrical charges are naturally or otherwise intensified;

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     (xvii) Extreme harm to vulnerable human subpopulations and to the more vulnerable

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species such as bees and other pollinators;

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     (xviii) Significant changes to Earth’s atmosphere’s electric, magnetic, and electromagnetic

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properties through the induction of high-intensity, decimeter-, centimeter-, and millimeter-wave

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microwave radiation from increasingly densified wireless facilities, terrestrial and atmospheric,

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resulting in extreme and less predictable weather, the desiccation of humans, animals, insects and

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plants; blood-cell clumping (Rouleaux formation), blood-clotting increase, and blood-oxygen

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deprivation in humans and animals; diabetes and asthma increase in humans and animals; and the

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reduction and ultimate eradication of animal and insect populations, particularly pollinators

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dependent for navigation upon geomagnetism;

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     (xix) Visibility impairment and clutter, reducing aviation safety and accelerating collision

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rates with satellites, balloons and nearly one million “space-junk” or “space-debris” particles;

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     (xx) RF/MW radiation interference from exponentially increasing numbers of microwave-

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irradiating satellites interacting with ground based infrastructure potentially costing the public

 

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billions of dollars;

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     (xxi) Per the William & Mary Law Review, the enabling of the Internet of Bodies (IoB), a

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“mesh” or grid through which every human and most animals would contain worn, ingested,

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inhaled, and/or injected chips or sensors of micro to pico size with transmitting antennas, with every

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body functioning as an internet node with thousands of internal datapoints, toward complete

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warrantless surveillance and control, even by foreign entities, with constant biometric data

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collection and loss of autonomy under an overarching Artificial Intelligence, in violation of the

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U.S. Constitution’s Fourth Amendment as well as the Rhode Island State Constitution’s Article I,

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§7.

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     (xxii) Vulnerability of communications signals from the potential for solar flare alteration

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or demolition of space-based solar power systems.

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     (xxiii) Electrical grid is vulnerable to attack through the hackability of the “smart” grid and

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“smart” devices; Intense microwave radiation spikes transmitted from the “smart” grid, inclusive

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of “smart” meters, could spark fires, in addition to harming health and the environment.

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     (xxiv) Increasing incidence of dementias, learning impairments, cardiovascular and

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respiratory diseases, diabetes, autoimmunity, birth defects, infertility, cancers, and early death in

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humans; and increasing impairment, disease, debility and early death likewise in other living

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beings.

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     (xxv) Mass psychological and social changes by means of lithium and other psychoactive

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substances’ releases;

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     (xxvi) Increased damage to the ozone layer;

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     (xxvii) Carbon capture and sequestration programs redistribute pollution, storing it

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underground instead of stopping the pollution before it exits the smokestack;

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     (xxviii) Economic losses to various sectors of society and to the state itself, resulting from,

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without limitation, human health damages, with productivity loss, increased and earlier health-care

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needs, and heightened suffering for those injured and/or sensitized by prior hazardous exposures;

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     (xxiv) Contaminated soils and water supplies, loss of pollinators such as bees, butterflies

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and birds, decreased crop yields, dead and dying forests, loss of habitats, decline of fisheries, rising

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pollution cleanup costs, and less solar power production from lack of sunlight reaching Earth's sur-

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face;

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     (xxx) The potential and ease for enemies, foreign and domestic, to cause harm

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intentionally;

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     (A) Necessity arising from federal stance.

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     (I) States’ “rights”, including their authorities, are correctly exerted where federal

 

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restrictions have become oppressive or destructive.

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     (II) In view of these facts, the general assembly declares that all hazardous atmospheric

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activities such as aerosol injection, cloud-seeding, weather modification and other forms of geo-

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engineering, must be prohibited in order to prevent the intentional release of harmful polluting

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emissions, with penalties and enforcement provided for violative activity.

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     23-99-4. Definitions.

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     For purposes of this chapter, the following terms shall have the following meanings:

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

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a natural cloud or by materials injected into the atmosphere.

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     (2) "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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     (3) "Artificial intelligence" or “AI” means and refers to systems or machines that mimic

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

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information they collect. AI manifests in a number of forms.

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     (4) "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 and/or

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agriculture.

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

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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, and any air pollutant regulated by the state, including without

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limitation those deemed "unnecessary" pursuant to the general laws, any xenobiotic (foreign-to-

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life) electromagnetic radiation and fields, mechanical vibration and other physical agents, or any

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combination of these contaminants.

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

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

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

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purposed to confuse foreign radars and satellite vision, chaff can cause power outages and interfere

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with air-traffic control;

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

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(DEM).

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

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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; association; syndicate; municipality or state or municipal agency; program; fire

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district; club; nonprofit agency; commission; university or college in this state; department or

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agency of the state, the federal government, or any interstate or international governance or

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instrumentality thereof, including foreign, domestic and mercenary armed services; or region

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within the United States.

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     (10) "Geoengineering" means the intentional manipulation of the environment, involving

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nuclear, biological, transbiological, chemical, electromagnetic and/or other physical-agent

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contaminants that effect changes to Earth's atmosphere and/or surface; and is inclusive of weather

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modification, aerosol injection, 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) "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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     (14) “Physical agent ” means an agent other than a substance, including, without limitation,

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radiofrequency/microwave and other electromagnetic radiation and fields, barometric pressure,

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

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     (15) ”Radiative forcing” means measures of heat energy coming from the sun and reflected

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back to space, as opposed to measures of terrestrial heat energy, reflected back to Earth’s surface.

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     (16) "Release" means any activity that results in the issuance of contaminants such as the

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

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

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continuously.

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     (17) “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 fifty kilometers (50 km) above the Earth.

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     (18) “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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     (19) “Weather modification” means the changing, controlling, or interfering with; or

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

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

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characteristics of the atmosphere.

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     23-99-5. 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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lack of state security and potential for significant harm, all state climate-related appointees shall

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be, or have been, administered the state oath of office and shall fulfill the obligations thereunder to

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protect the state and federal constitutions and Rhode Island constituents, requiring appointees’

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

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

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of the public to the emergency management protection agency, as set forth in this chapter.

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     (c) There is hereby created a health-and-environment protection trust fund into which shall

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be deposited violation fines under this chapter.

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

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violations have occurred and referring them to compliance authorities.

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     23-99-6. Violative activity.

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

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potentially hazardous atmospheric activity, where an agency, department, office, program, or

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member of the public produces evidence to the department that the atmospheric activity may be

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occurring that involves intentional release of a hazardous emission.

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

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

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     23-99-7. Departmental notice to cease federal or foreign-approved programs.

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

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

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appropriate federal authority or agency that the hazardous activity cannot lawfully be carried out

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within or over the State of Rhode Island, pursuant to the tenth amendment of the United States

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Constitution.

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     (b) Government and armed forces projects operating within or above the State of Rhode

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Island shall meet all the requirements of this chapter.

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     23-99-8. 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 a hazardous atmospheric

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activity involving intentional pollution 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 three (3) years, or both;

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

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been conducted, repeated, or continued; and

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     (3) Shall be deemed in violation, and subject to further penalties under any other applicable

 

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state environmental protection laws.

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     23-99-9. Public participation – Reporting.

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

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present, potential and past incidents that may constitute cloud-seeding, weather modification,

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geoengineering or other intentional hazardous atmospheric polluting activities.

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     (b) An individual who presents evidence of potentially harmful 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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director or to any state police office or public official:

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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 in

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writing to the director or to any state office, or any state public official; and

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     (3) Videography of activity involving intentional release of hazardous emissions.

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     (c) A public official who has received information under subsection (a) of this section, and

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

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under subsection (b) of this section, shall, directly or through a designee, report in writing within

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twenty-four (24) hours all documentary and supportive evidence to the emergency management

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protection agency for enforcement.

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     (d) A report to any state official of apparently harmful nuclear, biological, transbiological

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and/or chemical (“NBC”) emissions 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, enforcement shall ensue pursuant to § 23-99-8.

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

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in subsection (b) of this section in any part of the spectrum, including, without limitation,

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microwave or maser, infrared, light or laser, and ionizing radiation, or report of intense mechanical

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

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

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

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

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

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but not owned by the state, DEM personnel shall partner with academic institutions for investigative

 

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activity, in order to provide evidentiary findings that would qualify under the Supreme Court

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Daubert Rule in judiciary contexts.

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     23-99-10. Investigatory findings – Responses.

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     As established in this chapter, manipulation of the environment involves the intentional

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release of hazardous polluting emissions. A finding of:

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     (1) Any NBCs that are either xenobiotic and should not exist in the natural environment,

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or that are found at xenobiotic levels or levels beyond the legal limits of the state or federal

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

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

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

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

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

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     (ii) DEM’s order to cease operations of the facilities or infrastructure(s) other than those

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operations needed for police, fire, emergency services, and aviation safety; and

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

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performance in causing the cessation of all operations except those activities exempted under

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subsection (1)(ii) of this section.

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     (2) 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 -85 dBm (decibel-

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milliwatt) for any frequency or channel band specified by a transmitting entity’s FCC transmission

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license;

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

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per meter (V/m);

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

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     (5) Transients in the electrical wiring, also called "dirty electricity", which must be filtered

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for safety;

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     (6) Ionizing radiation in excess of 0.02 milliSievert per hour (mSv/h);

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     (7) Laser, Li-Vi, strobe, or other light with harmful effects; or

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

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official limits, guidelines or standards, such as eCode360, shall trigger:

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

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

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

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produce records of all data collection on the extant operators at one or more sites near where

 

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excessive xenobiotic electromagnetism and fields, mechanical vibration, or other physical agents

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are or have been detected, and to convey said records to the department within twenty-four (24)

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hours;

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     (ii) DEM’s immediate communication of the requirement of the owner of the facility, or

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

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day all data collection records up to that date and time of electrical usage at or near the reported

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location.

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

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or vibration emitted from, the measured structure or facility, other than the operations needed for

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police, fire, emergency services, and aviation safety;

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

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performance in causing the cessation of all operations except those activities exempted under

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subsection (8)(iii) of this section; and

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     (v) Emergency management preparedness agency referral of potential criminal activity to

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the judiciary for prosecution.

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     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

***

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     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

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activities.

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     This act would take effect upon passage.

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