GeoLawWatch: Tracking Weather & Climate Legislation

A N A C T
RELATING TO HEALTH AND SAFETY THE GEOENGINEERING ACT
Introduced By Representatives Price Bennett Quattrocchi and McNamara
Date Introduced April 11 2019
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 95
THE GEOENGINEERING ACT
23-95-1 Short title
This chapter shall be known and may be cited as The Geoengineering Act
23-95-2 Legislative intent
a To preserve the safe peaceful uses of Rhode Islands atmosphere for people and the environment by regulating and prohibiting those geoengineering activities that are harmful
b Geoengineering is defined as the intentional manipulation of the environment involving nuclear biological chemical electromagnetic and other physical-agent activities that effect changes to the earths atmosphere or surface
c The general assembly finds that geoengineering encompasses many technologies and methods involving hazardous activities that can harm human health and safety the environment aviation and the economy of the state of Rhode Island
d It is therefore the intention of the general assembly to regulate all geoengineering activities as further set forth by the terms and provisions of this chapter
23-95-3 Findings of fact
a Background Earthly life or Bios is a system that can be impaired and broken by perturbations such as human activities that are xenobiotic i.e. foreign to life The extant damage from pollutants and other harmful human activities is incalculable and the state of earths biotic system is widely reported as catastrophic and in urgent need of protective action
b Scope of geoengineering Inclusive of solar radiation management SRM carbon dioxide removal CDR and other technologies geoengineering activities are diverse varying greatly in their characteristics and consequences Geoengineering may involve ground-based under-water or atmosphere-based activities including without limitation cloud-seeding and other means of deployment of hazards by aircraft rockets unmanned aerial vehicles UAVs and drones large balloons wireless infrastructures ships or submarines
c All geoengineering activities require state licensing
d SRM activities include but are not limited to Stratospheric Aerosol Injection SAI such as
1 Solar shields or atmospheric sunscreens Reflective materials are injected into the stratosphere with the intention of increasing albedo These include but are not limited to sulfur dioxide SO2 sulfuric acid H2SO4 and aluminum oxide Al2O3
i Per the journal Geophysical Research Letters SO2 injected into the atmosphere slowly converts to H2SO4 and produces the adverse effects of ozone layer reduction and radiative heating of the lower stratosphere through reflection and absorption of terrestrial heat The Federal Clean Air Act is focused on reducing SO2 and H2SO4 the primary components of acid rain Per the Federal Environmental Protection Agency EPA SO2 penetrates deeply into sensitive parts of the lungs and is harmful to the environment
ii Per the National Institutes of Health NIH Al2O3 causes respiratory tract eye and skin irritation as well as organ damage and bone abnormalities particularly with repeated or prolonged exposure and it may be neurotoxic if absorbed into the brain Section 313 of the Federal Emergency Planning and Community Right-to-Know Act EPCRA requires anyone manufacturing processing or using Al2O3 to report this activity to the Environmental Protection Agency EPA Any aircraft containing a hazardous substance is considered by Section 103 of the Federal Comprehensive Environmental Response Compensation and Liability Act CERCLA and by Section 304 of EPCRA as a facility required to report any such release into the environment Whether users deploying substances at stratospheric altitudes do presently comply is unlikely Following stratospheric release sulfuric and aluminum oxide particulates fall into the troposphere blocking sunlight from reaching earths surface after which they rain down as acidic pollution harming terrestrial and aquatic life Acidic precipitation further mobilizes aluminum from both natural sources and the direct anthropogenic releases of aluminum compounds in geoengineering and industrial processes Specifically environmental acidification mobilizes aluminum from land into aquatic environments Acid rain dissolves and washes away the nutrients and minerals in the soil which help plants to grow reduces photosynthesis by removing the waxy cover on leaves and ultimately kills the aquatic life upon which humans depend
2 Carbon black or black carbon releases Deliberate atmospheric releases of soot are used to produce artificial weather events increasing albedo and reflecting sunlight
3 Rocket emissions These include but are not limited to black carbon and alumina particles in addition to water vapor a greenhouse gas blocking sunlight and reflecting terrestrial heat
4 Cloud brightening Sodium chloride NaCl or sea salt seawater nitric acid HNO3 or other materials injected into clouds make the clouds more reflective after which the salt and other materials rain out over land areas and freshwater supplies
5 Salt flare rockets Fired into clouds these rockets trigger rain downpours containing salt which contaminates freshwater supplies desiccates surfaces and makes the atmosphere more conductive
6 Cloud-seeding releases of silver iodide AgI or solid dry ice or both which is carbon dioxide CO2 the latter increasing levels intended to be decreased
7 Cloud cover production Aerial releases of water vapor a greenhouse gas result in manmade cloud cover trapping terrestrial heat
8 Reflective space mesh mirrors Wire-mesh mirrors deployed in space reduce the amount of direct sunlight reaching earths surface over small or large areas depending on their size
9 Space sunshades or sunshields Huge parasol-like devices reduce the amount of direct sunlight reaching earths surface
10 Planetary sunshades These largest of SRM operations use particulates to cover over time the whole earth stripping the ozone layer by as much as seventy-six percent 76% and reducing the amount of direct sunlight reaching earths surface
11 Artificial ionosphere A sustained high-density plasma cloud is produced in earths upper atmosphere and
12 Large helium balloons which release atmospheric contaminants such as SO2
d CDR involving the sequestration capture or removal of carbon dioxide consisting of
1 Land-based and ocean-based carbon sequestration also called CO2 geo-sequestration
2 Carbon capture or removal which processes involve capturing what is considered waste CO2 and depositing it at storage sites
3 Biochar requiring burning huge amounts of biomass such as trees crops and solid waste
4 Ocean fertilization OF by dumping iron filings lime and urea in order to sequester CO2 producing detrimental artificial algae blooms and reducing oxygen and needed nutrients
5 Genetically modified CO2-eating plastic trees and
6 Additional geoengineering activities requiring state licensing include but are not limited to
i Ocean-cooling pipes which per recent reports would exacerbate oceanic warming
ii Re-icing or cooling the arctic and other areas through artificial means
iii Ground-based cloud-nucleating generators
iv Weather modification involving the release of sea salt silver iodide barium or other particulates to enhance precipitation rain or snow in one area while reducing precipitation in other areas
v Glacier-reflecting blanket deployment with vast polar areas to be covered with soot
vi Nitrogen removal and sequestration
vii Evaporation alteration by spreading of various kinds of film upon large bodies of water
viii Water vapor generation using nuclear fission or fusion contaminating water sources
ix Chaff releases which involve the dispersal of bundles of millions of aluminum-coated silica fibers of lengths one and five-tenths centimeters 1.5cm two and five-tenths centimeters 2.5cm and five centimeters 5cm which spread over hundreds of miles remain in the air for up to a day and then fall and break apart purposed to confuse foreign radars and satellite vision Chaff causes power outages and interferes with air-traffic control weather forecasting and long-term climate research
x Deployment of radiofrequency microwave RF MW radiation or low frequency electric or magnetic fields other than for safety and aviation communications by large infrastructures single antennas high-densification antennas satellites or other means and
xi Intense mechanical vibration or noise other than from an aircrafts propulsion or other physical agents such as intentional changes to ambient temperature or barometric pressure or excessive light at night for any purpose or inadvertently from other activities
e Aircraft geoengineering activities include those carried out from any type of aerial vehicle rocket drone or balloon which involve the release or deployment of any nuclear radiation any biologic or trans-biologic agent any chemical substance or mixture including any chemical substances added to the aircrafts fuel emissions cloud seeding any electromagnetic radiation other than radar or radio communications necessary for the aircrafts safety or any other harmful physical agent shall be subject to regulation including the licensing process pursuant to this chapter
f Consequences Documented problems arising from geoengineering activities include but are not limited to
1 Contamination of air water and soil as particulates fall to earths surface and other contamination including by vapors and physical agents at or below ground or sea level
2 Degradation of human animal and plant health and productivity when people and other living organisms are exposed to geoengineering particulates vapors and other contaminants often in violation of the National Environmental Protection Act of 1970 NEPA
3 The acceleration of biodiversity and species losses especially the loss of endangered and threatened species as identified under the Federal Endangered Species Act of 1973 ESA each of which species has intrinsic as well as human-resource value and each of which cannot bear per ESA further habitat modification or degradation
4 Extreme weather with unprecedented temperatures fires wind speeds precipitation electrical storms hurricanes and tornados resulting in large-scale loss of life structures and infrastructures and severe reduction in state regional and global food production
5 Changes in micro-climates local weather and large-scale climates within short time periods with increased and cascading climate effects and political ramifications
6 Global dimming which decreases vitamin D calciferol in humans and animals causing malabsorption of calcium magnesium and phosphate and which reduces photosynthesis with losses in agriculture and productivity
7 Less direct sunlight reaching earths surface with fewer winter freezes and higher humidity resulting in increased molds mildews fungi and other pathogens and pests that develop from such conditions
8 Increases in acid rain loads from the airborne injection or releases of sulfur and aluminum oxide with human animal plant and water-resource degradation
9 Changes in distribution patterns and chemical contents of rainfall resulting in floods droughts and the potential for international political conflicts therefrom
10 Algal blooms with adverse impacts upon human health aquatic systems and economies
11 The near impossibility of restoring de-valued natural resources with the undermining of state-funded conservation programs
12 Increased ultraviolet radiation UV including UVA UVB and UVC at earths surface UV is strongly absorbed by organic materials such as living tissues with UVCs high energy and small wavelength particularly capable of destroying DNA and reproduction
13 Increased combustibility of earths terrestrial surfaces by means of fallen particulates with increased incidence of fires
14 Significant increases in ambient mechanical vibration and noise pollution leading to without limitation increased incidence of nervous system and cardiac irregularities
15 Increased metals content in surface-dwelling and aquatic organisms producing increased bodily electrical conductivity with more susceptibilities and damages therefrom
16 Extreme harm to vulnerable human subpopulations and to the more vulnerable species
17 Significant changes to earths atmospheres electric magnetic and electromagnetic properties through the induction of high-intensity RF MW radiation resulting in extreme and less predictable weather the desiccation of terrestrial animals and plants and the reduction of those animal and insect populations dependent for navigation upon electromagnetism
18 Visibility impairment and clutter reducing aviation safety and accelerating the incidence of collision with space-junk or space-debris particulate matter and balloons
19 The delay by decades of the ozone layers potential recovery
20 The financial burden that airborne reflective metallic particulates such as chaff must be repeatedly replenished by aircraft release since their atmospheric time is limited
21 Further financial burden since per the Pacific Northwest National Laboratory the amount of injected material is much less effective in polluted clouds requiring the injection of increased amounts of material for cloud-brightening
22 Economic losses to various sectors of society and to the state itself resulting from without limitation human health damages with increased and earlier health care needs and heightened suffering for those injured or sensitized by prior hazardous exposures contaminated soils and water supplies loss of pollinators such as bees and birds lower crop yields dead and dying forests loss of habitats decline of fisheries rising pollution cleanup costs and less solar power production from lack of sunlight reaching earths surface and
23 The potential and ease for enemies foreign and domestic to cause harm intentionally
g Response to federal actions Shirking duties to protect national security safety health and the environment the federal government acted by various means to cause harm through geoengineering thereby establishing through the Tenth Amendment of the United States Constitution the necessity authority and obligation of all the states to override destructive federal acts and provisions correct the federal government cancel plans for geoengineering and high-densification of antennas and halt any such contract presently in place
h In view of these facts the general assembly declares that geoengineering activities must be strictly regulated by the state through a licensing process within which an environmental and economic impact report EEIR from the department of environmental management DEM and preliminary detailed impact reports IRs from the state agencies state offices departments and programs included in section 23-95-6 as well as information gathered in public hearings must guide decision making pursuant to this chapter
23-95-4 Definitions
As used in this chapter the following words and phrases shall have the following meanings
1 Albedo means the fraction of incident radiation such as light and heat reflected by a natural cloud or by materials injected into the atmosphere
2 Application means a submitted written request by any person individual or entity seeking to implement conduct or engage in any form of geoengineering
3 Area means a portion within the confines of the state and its territorial waters which portion includes the atmosphere above it
4 Atmospheric contaminant means any type of aerosol chaff biologic or trans-biologic agent genetically modified agent metal radioactive material vapor particulate down to or less than one nanometer in diameter and any air pollutant regulated by the state including without limitation those deemed unnecessary pursuant to the general laws xenobiotic foreign-to-life electromagnetic radiation and fields mechanical vibration and other physical agents or any combination of these contaminants
5 Chaff means aluminum-coated hair-like silica glass fibers typically dispersed in bundles containing five 5 million to one hundred 100 million inhalable fibers which fall to the ground in about one day
6 Conditions means any limitations and safeguards to be placed on a geoengineering activity that is licensed by the director of the department of environmental management
7 Department or DEM means the state department of environmental management
8 Director means the director of the state department of environmental management DEM
9 Geoengineering means the intentional manipulation of the environment involving nuclear biological transbiological chemical electromagnetic or other physical-agent activities that effect changes to earths atmosphere or surface
10 License means a license issued by the director pursuant to this chapter to engage in geoengineering or any weather modification activities
11 Person means any individual trust firm joint stock company corporation including a quasi-governmental corporation partnership association syndicate municipality municipal or state agency department program fire district club nonprofit agency or any subdivision commission bureau agency military group university or college armed services department of state or federal government including quasi-governmental corporation or region within the United States or inter-state or international body
12 Release means any activity that results in the issuance of contaminants such as the emitting discharging or injecting of one or more nuclear biological trans-biological chemical or physical agents into the ambient atmosphere either once intermittently or continuously
12 Stratosphere means the region of the upper atmosphere extending upward from the edge of the troposphere to about thirty 30 miles or fifty kilometers 50 km above the earth
13 Troposphere means the region of the lowest layer of the atmosphere six 6 miles or ten kilometers 10 km high in some areas and as much as twelve 12 miles or twenty kilometers 20 km high in others within which there is a steady drop in temperature with increasing altitude and within which nearly all cloud formations occur and weather conditions manifest
23-95-5 Geoengineering policy Rules and regulations
a Procedure Due to the potential for significant harm any and all contemplated geoengineering activities shall require the submission of a written license application to request a license to engage in a specific type of geoengineering activity on a specified date or on several specified dates during a period of time not to exceed five 5 days Every submitted license application shall be on the public record within twenty-four 24 hours of submission Where a license is granted it cannot lawfully be used for any activity other than that specified in that license which constitutes a contract The regulatory framework herein requires thorough review of each license application by the various state agencies offices departments programs and other parties named in section 23-29-6 The director may grant or deny a license may modify conditions of a license and may revoke a license for cause A licensee must file a full post-activity report including the hour and minute of each aspect of the activity
b Evaluation Under the licensing process any contemplated geoengineering activity must first be evaluated according to factors including any trans-boundary effects any impacts of reduction of sunlight reaching earths surface the planned methods of release dispersal or deployment of substances or physical agents into the environment and the direct and indirect effects actual and potential upon humans and other living organisms populations ecosystems human structures aviation and the state economy Licensing requires that proof of environmental health and safety be substantiated by the applicant
c Regulatory oversight The regulatory regimes of this chapter for any and all proposed geoengineering activities which may be extremely consequential are tailored accordingly with license applications granted or denied only on a case-by-case basis following the submission of impact evaluation reports by the various agencies offices departments and programs of the state as listed in this chapter following the directors EEIR and following the public hearings and comment periods
d Impact reports IRs shall assess specific actual and potential effects upon human health and safety aviation safety agriculture biodiversity coastal conservation endangered species energy environment fishing forestry habitat water resources wildlife and ocean purity Any and all anticipated economic impacts of these assessed effects must be at once evaluated by each state agency office department program and other party named in this chapter
e Public comment Comments from the public as well as from the public health science disability medical health care environmental science agricultural coastal conservation ecology fishing forestry and oceanographic communities are essential to ensure that scientific third parties and all members of the public particularly those most vulnerable will have a role in the licensing process Under the Universal Declaration of Human Rights to which the United States is a signatory everyone has the right to life liberty and security of person Those harmed bodily by way of geoengineering have a greater right than stakeholders with monetary interests Further the federal Americans With Disabilities Act provides that persons with disabilities be able to participate in society without being harmed
23-95-6 Geoengineering license application
a Process Any person seeking to implement conduct or engage in any form of geoengineering within or above any area of the state shall first submit to the director of the department of environmental management an application for a license to engage in a specific type of geoengineering activity The application process requires that a fee of one thousand dollars $1000 be paid into a public trust that shall be set up for the purpose Criminal background checks are required on each participant in a potential geoengineering activity
b Application The application document shall require all of the following information as well as other information deemed pertinent by the director and set forth in rules and regulations promulgated for geoengineering activities
1 The applicant shall provide a detailed description of the contemplated geoengineering activity or activities with its their purpose s scope methods and timing
i Methods shall divulge the sources sizes and precise chemical formulas of any substances or mixtures to be used and any and all of their resulting products during and following deployment any biological or trans-biological materials and any potential interactions thereof during and following deployment and the wavelengths modulation patterns intensities and duration specifications of any type of electromagnetism or other physical agents to be deployed or potentially emitted intentionally or inadvertently
2 The applicant shall provide for any and all of the applied-for activities proof of safety and environmental health with substantiating scientific evidentiary documents from independent sources
3 The applicant shall provide the names educational and professional backgrounds and qualifications of any and all persons to be involved in the contemplated geoengineering activity along with any prior employment that could potentially bias resulting reports
4 The applicant shall provide the director either an electronic submission of the license application or hard copies sufficient for distribution to each one of the various state agencies offices departments programs and other parties listed as follows
i Department of health
ii Division of agriculture within the department of environmental management
iii Office of air resources within the department of environmental management
iv Office of water resources within the department of environmental management
v Water resources board
vi Rhode Island coastal resources management council
vii University of Rhode Island coastal institute
viii Rhode Island disability law center
ix Office of energy resources
x Rhode Island soil and conservation office
xi Rhode Island state conservation committee
xii Division of state parks and recreation
xiii Division of fish and wildlife outdoor education
xiv Rhode Island Fishermans Alliance
xv Rhode Island Farm Bureau
xvi Rhode Island Dairy Farms Cooperative
xvii Rhode Island Audubon Society
xviii Rhode Island Wild Plant Society
xix Rhode Island airport corporation and
xx Rhode Island emergency management agency
c The agencies offices departments programs and other parties referenced in this section shall respond within one business day to the director to acknowledge their receipt of the license application From out of their respective areas of specialization and purview within a reasonable period of time to be established by the director they shall publish online their respective IRs naming any and all actual and potential impacts of the proposed geoengineering activity both short- and long-term as respectively defined as within one year and within ten 10 years Alongside each of the potential impacts both short- and long-term the state parties shall also provide estimates of the potential economic consequences of these short- and long-term effects likewise within one year and ten 10 year periods Each IR shall in conclusion recommend to allow disallow or to allow in a qualified way the proposed geoengineering activity
d Where any IRs that are due are missing the director shall at once remind the party of its duty
e Upon receipt of all of the IRs from the various agencies offices departments programs and other parties listed in this section the director shall publish all of the IRs online and announce with them on the public record the dates and times of at least four 4 public hearings and the associated comment periods on the geoengineering license application
f The director shall then hold the public hearings to receive comments on the license application and the IRs Following the hearings and having collected any further public comments outside of the hearings the director shall commence an environmental and economic impact review EEIR of all information in the respective IRs and received in the commentary period noting any contradictions and researching these contradictions particularly to find facts
g In preparing the EEIR the director shall consider all actual and potential public health and safety aviation safety and environmental consequences with the respective one year and ten 10 year economic impacts that may result from the proposed geoengineering activity weighting bodily security and health more heavily than economic interests Upon completion of the EEIR pursuant to this chapter such report shall be made part of the public record
h Following online publication of the EEIR the director shall allow online commentary to the EEIR for a period of two 2 weeks prior to making a final decision on the application
i Having reviewed commentary the director shall add new information supplied by state parties and members of the public and correct any misinformation and revise the EEIR accordingly
j The director shall then render a decision to grant or deny a license
k Given the potential for significant harm and economic loss if any IR recommends that the activity be disallowed the director should generally deny the application Where agencies or members of the public have supplied to the public record evidence that the applied-for activity is harmful and the applicant has not disproven within seven 7 calendar days the validity of said evidence the director must deny the application Where an activity has been approved by a municipality county or other lower entity or private person yet is reported with supportive evidence on the public record by an agency or member of the public to be harmful and if the person engaged in the activity has not disproven within seven 7 calendar days the validity of said evidence the director must issue a cease-and-desist order against the activity Such order shall have the authority of a court order and any violation thereof shall be punished to the full extent of the law
l Where an activity or public process for an activity that is reported on the public record as hazardous has been approved explicitly or implicitly by the federal government the DEM shall issue notice to the appropriate federal agency branch or body that the hazardous activity cannot lawfully be carried out within or over the state pursuant to states rights under the Tenth Amendment of the United States Constitution
m Where an international body funds an activity reported with supportive evidence on the public record to be hazardous or engages in such activity that entity shall be prohibited in perpetuity from both engaging in any and all geoengineering activities and from applying for any license to engage in any geoengineering activity
n If the decision is to grant a license the director shall first provide the applicant an agreement potentially to be executed documenting any and all limitations and safeguards as conditions placed upon the geoengineering activity including minimally the requirement of a detailed report to be submitted to the DEM by the licensee after completion of the activity and steps to be taken to track effects and assure prompt public reporting of any observations and objections Along with the applicants executed agreement the applicant must provide proof of bonding and insurance for the geoengineering activity and indicate understanding of the potential for adverse consequences if the terms and conditions are violated or not fulfilled
o If the agreement the applicants bonding and insurance and other provisions are found to be accurate and comprehensive the director shall complete the execution of the agreement and issue the license with its agreed-upon terms and conditions
p Upon receipt of the license the licensee shall inform the department precisely when the geoengineering activity will begin which must be no earlier than fourteen 14 days from the issuance of the license This period of time allows that independent monitoring by the department the various state agencies and other state parties and the public may be arranged with due rigor
q Any person aggrieved by a decision of the director may within ten 10 calendar days pursue an appeal of the decision pursuant to chapter 35 of title 42 entitled administrative procedures act
23-95-7 Penalties for violations
a Any person as defined in this chapter and any officer thereof who engages in any geoengineering activity within or above any area of the state without a license or who fails to comply with the decision of the director shall be punished per violation by a fine of not less than five hundred thousand dollars $500000 or by imprisonment for not less than one hundred ninety 190 days or by both fine and imprisonment and every such person shall be guilty of a separate and distinct offense for each day during which each act of cloud seeding weather modification or any other geoengineering activity has been conducted repeated or continued
b Any person as defined in this chapter and any officer thereof who engages in any geoengineering activity within or above any area of the state without a license or who fails to comply with the decision of the director shall additionally be deemed to be in violation of chapter 23 of this title entitled air pollution 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 or persons in violation thereof
23-95-8 Enforcement
a Public announcement By way of Internet announcement members of the public shall be encouraged to monitor measure document and report present potential future and past incidents that may constitute geoengineering activities involving nuclear chemical biological or trans-biological substances or physical agents such as electro-magnetic radiation and fields mechanical vibration and noise and others
b Reporting to state police The reporter of any potential geoengineering activity shall email or otherwise write the state police for immediate action The reporter shall supply evidentiary photos ideally taken in several directions from several locations each of these titled as a separate electronic or hard-copy document with the respective location s from which and direction s in which they were taken and the date and time of each photo Any collected samples with photos lab tests microscopy and other forms of evidence shall similarly be submitted in writing to the state police
c Reporting to officials Alternatively a member of the public may write with evidence of a possible geoengineering activity to any public official Whenever a public official has reason to suspect by observation a report with evidence or other means that such activity may be taking place may be planned or may have taken place the public official or his or her agent must report the possibility in writing within twenty-four 24 hours with all documents from any original reporter and all supportive evidence to the state police for enforcement
d Reports involving physical agents
1 As in the case of a report of a possible geoengineering activity involving substances a report to the state police of excessive electromagnetic radiation or electric or magnetic fields in any part of the spectrum including light and ionizing radiation or intense mechanical vibration noise or other physical agent with photographic evidence of measurements of the physical agent s or other evidence shall trigger within twenty-four 24 hours a state agents measurement of peaks with the appropriate calibrated meter or other forensic device s at and near the reported location where power densities and other intensities are relevant to national security safety health or the environment
2 RF MW radiation measured at or near the reported location by any state agent at peak in excess of ten 10 microwatts per meter squared uW per m squared or low-frequency AC electric fields in excess of one volt per meter V per m or magnetic fields in excess of one milliGauss mG or ionizing radiation in excess of 0.02 mSv per h milliSievert per hour or any vibration noise or other physical agent in excess of official limits guidelines or standards shall trigger
i The departments immediate communication of the requirement of the owner of each tower antenna other wireless communications facility or other facility deploying energy-demanding emissions and any and all other emitters at or near said reported location to provide records of all data collection on the extant operators at one or more sites nearby where xenobiotic electromagnetism fields or other physical agents are emitted
ii The departments immediate communication of the requirement of the electrical utility or utilities servicing those sites to provide within one business day all data-collection records up to that date of electrical power usage at the site s
iii The departments order to cease operations of all antennas on the measured structure other than those needed for police fire emergency services and aviation safety which order shall hold the authority of a judiciary order and
iv The departments evaluation within twenty-four 24 hours of the owners performance in causing the cessation of all operations except those operations listed in subsection d 2 iii of this section
23-95-9 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 license application process for geoengineering activities and the contents of the application
23-95-10 Summary
All applicants for geoengineering licensing must include proof of safety health and environmental health along with a one thousand dollar $1000 application fee with their submission Following the public process detailed in this chapter if an agreement toward licensing is provided to the applicant for potential execution the applicant must then submit to the department along with the partially executed agreement proofs of bonding and insurance covering the geoengineering activity A licensee must then notice the department at least fourteen 14 days in advance of the initiation of the licensed activity in order that state and public monitoring may properly be achieved
SECTION 2 This act shall take effect upon passage