Rhode Island : 2024 Regular Session : BILL S2540
Establishes regulations to prohibit stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, and other hazardous weather engineering activities.
Sponsor: Sen Elaine Morgan
Bill Details
HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR PRESERVATION ACT - Establishes regulations to prohibit stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, and other hazardous weather engineering activities.
GeoLawWatch Bill Summary
Core Prohibition: The bill prohibits stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, cloud seeding, weather modification, and "other hazardous weather engineering activities" within Rhode Island's atmosphere and at ground level.
Enforcement Authority: Rhode Island State Police (RISP) serves as the primary enforcement agency with authority to issue cease-and-desist orders that carry the weight of court orders. RISP may refer potentially violative activity to the Air National Guard when deemed necessary.
Federal Preemption Challenge: The bill explicitly invokes states' rights and the Tenth Amendment, declaring that state authorities "are correctly exerted where federal actions have become oppressive or destructive." State Police must issue notices to federal agencies that hazardous activities cannot lawfully occur within or over Rhode Island.
Penalties: Violations constitute a felony punishable by a minimum fine of $500,000 and/or a minimum term of imprisonment of 5 years. Each day of violative activity constitutes a separate offence.
Citizenship Requirement: All state personnel appointed or tasked with climate-related activities must be U.S. citizens, administer the state oath of office, and be directly responsive to Rhode Island constituents rather than foreign or out-of-state entities.
Public Participation Framework: The bill establishes a detailed citizen reporting system. Members of the public are encouraged to monitor, measure, document, and report suspected violations by submitting photographs, video, precipitation analysis reports, spectrometry, meter readings, and other evidence to the State Police. Reports of electromagnetic radiation trigger a mandatory investigation within 2 hours.
Wireless Infrastructure Regulation: The bill includes extensive provisions regulating "irradiating infrastructure" beyond weather modification:
- RF signal strength not to exceed -85 dBm
- AC electric fields not to exceed 1 V/m
- Magnetic fields not to exceed 1 mG
- Ionising radiation not to exceed 0.02 mSv/h
- $500,000 per day fines for non-compliance
Fibre-optic connections to premises (FTTP) are prioritised over wireless infrastructure. The bill frames this as both environmental protection and Fourth Amendment privacy protection against "commodification and weaponization of massive data harvesting."
Investigation Standards: State Police must partner with Rhode Island universities to support investigative activities and ensure that evidentiary findings meet the Daubert Rule standard for judicial proceedings. Facility owners must produce records within 24 hours of investigation and cease operations upon State Police order.
Unusual Provisions: The definition of "entity" includes "foreign, domestic and mercenary armed services." The bill references "building biology RF/MW radiation guidelines" as enforcement standards—these are non-governmental guidelines from alternative health practitioners rather than established regulatory standards. The definition of "atmospheric contaminant" includes "trans-biologic agents," "smart dust," and "xenobiotic electromagnetic radiation."
History
S 2540 was introduced on March 1, 2024, by Senator Elaine Morgan and referred to the Senate Environment and Agriculture Committee. A hearing was scheduled for March 20, 2024, at which point the committee recommended the measure be held for further study.
"Held for further study" is a procedural disposition that effectively tables a bill without killing it outright. While the bill technically remains alive, this recommendation typically signals that the committee has significant concerns about the legislation and is unlikely to advance it without substantial revision. Rhode Island's 2024 session concluded in June 2024 without further action on the bill.
- Fri 01 Mar 2024 Introduced, referred to Senate Environment and Agriculture
- Fri 15 Mar 2024 Scheduled for hearing and/or consideration (03/20/2024)
- Wed 20 Mar 2024 Committee recommended measure be held for further study
Consolidated Bill Text
LC004968
STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2024
AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR PRESERVATION ACT
Introduced By: Senator E Morgan
Date Introduced: March 01, 2024
Referred To: Senate Environment & Agriculture
It is enacted by the General Assembly as follows:
SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter:
CHAPTER 23.8
THE RHODE ISLAND CLEAN AIR PRESERVATION ACT
23-23.8-1. Short title.
This chapter shall be known and may be cited as "The Rhode Island Clean Air Preservation Act".
23-23.8-2. Legislative intent.
(a) Attempts to control the Earth's weather through solar radiation modification (SRM), stratospheric aerosol injection (SAI), or other forms of weather engineering involve the release of hazardous chemicals and xenobiotic (foreign-to-life) electromagnetic radiation pollution into the atmosphere, threatening the public health and environmental conditions on the surface.
(b) There are ever-increasing numbers of pollution-generating, microwave-irradiating instruments used in weather engineering systems, including, but not limited to, ground-based facilities interoperable with weather satellites. Such infrastructures and the electrical grid are susceptible to radiofrequency/microwave radiation (RF/MW) interference and cyber-attacks, potentially leading to accidents, fatalities, more frequent replacement of equipment, and costing the public billions of dollars.
(c) The accumulation of combustible agents contained in weather engineering aerosols combined with continuous electromagnetic radiation exposure causes the desiccation of all biological life and contributes to drought and the hazard of catastrophic forest fires.
(d) It is therefore in the public interest to prohibit solar radiation modification (SRM) experimentation and other hazardous weather engineering activities, as well as to begin reducing emissions of electromagnetic radiation pollution.
23-23.8-3. Legislative declarations -- Necessity arising from federal stance.
The general assembly hereby declares:
(1) "States' rights", including their authorities, are correctly exerted where federal actions have become oppressive or destructive.
(2) In order to prevent the release of polluting emissions such as aerosols, chemicals, and electromagnetic radiation, pollution, weather engineering activities such as stratospheric aerosol injection (SAI), cloud-seeding, and weather modification are prohibited in Rhode Island's atmosphere and at ground level, with penalties and enforcement provided for violative activity.
23-23.8-4. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section:
(1) "Air National Guard" means the Rhode Island Air National Guard, the aerial militia of the State of Rhode Island, and not in the United States Air Force chain of command.
(2) "Albedo" means the fraction of incident radiation, such as light and heat, reflected by a natural cloud or by materials injected into the atmosphere.
(3) "Area" means a portion within the confines of the state or its territorial waters, including the atmosphere above the state.
(4) "Artificial intelligence" or "AI" means systems or machines that mimic human intelligence to perform tasks and can iteratively improve themselves based on the information they collect. AI manifests in a number of forms.
(5) "Atmospheric activity" means any deliberate polluting activity conducted by any iteration of human, machine learning, or artificial intelligence (AI) or any combination thereof, that occurs in the atmosphere and may have harmful consequences upon health, the environment, wildlife, and/or agriculture.
(6) "Atmospheric contaminant" means any type of aerosol, biologic and/or trans-biologic agent, chaff, genetically modified agent, metal, radioactive material, vapor, particulate down to or less than one nanometer in diameter, smart dust, and any air pollutant regulated by the state, any xenobiotic (foreign to life) electromagnetic radiation and fields, mechanical vibration and other physical agents, or any combination of these contaminants.
(7) "Chaff" means aluminum-coated silica glass fibers typically dispersed in bundles containing five million (5,000,000) to one hundred million (100,000,000) inhalable fibers, which fall to the ground in about one day, or for nanochaff, years, and then fall and break apart.
(8) "Desiccate" means to dry up or cause to dry up.
(9) "Entity" means any of the following: individual; trust; firm; joint stock company; corporation, including a quasi-governmental corporation; non-governmental organization (NGO); partnership; public private partnership; association; syndicate; municipality or state or municipal agency; program; fire district; club; nonprofit agency; commission; university; college or academic institution; department or agency of the state, the federal government, or any interstate or international governance or instrumentality thereof, including foreign, domestic and mercenary armed services; or region within the United States.
(10) "Geoengineering" means the intentional alteration or manipulation of the environment, involving the release of nuclear, biological, chemical (NBC), transbiological, electromagnetic radiation and/or other physical-agents or pollutants that effect changes to Earth's atmosphere and/or surface and is inclusive of weather modification, stratospheric aerosol injection (SAI), or cloud-seeding.
(11) "Hazard" means a substance or physical agent by its nature harmful to living organisms, generally, and/or to property or another interest of value.
(12) "Individual" means any man, woman or child.
(13) "Laser" means light amplification by stimulated emission for radiation devices. Lasers typically have unique frequencies in the infrared, visible, or ultra-violet parts for the electromagnetic spectrum.
(14) "Machine learning" means the process relative to AI, in which a machine can learn on its own without being explicitly programmed.
(15) "Physical agent" means an agent other than a substance, including, without limitation, radiofrequency/microwave (RF/MW) radiation pollution, and other electromagnetic radiation pollution, and fields, maser, barometric pressure, temperature, gravity, kinetic weaponry, mechanical vibration and sound.
(16) "Pollution" means the discharge, dispersal, deposition, release, seepage, migration or escape of pollutants.
(17) "Pollutants" means any solid, liquid, gaseous, or thermal irritant, contaminant, or substance including smoke, vapor, soot, fumes, aerosol plumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, electromagnetic pulse, sound waves, sound pollution, light pollution, microwaves, and all artificially produced ionizing or non-ionizing radiation, and/or waste. Waste includes materials to be recycled, reconditioned or reclaimed.
(18) "Radiative forcing" means measures of heat energy coming from the sun and reflected back to space, versus measures of terrestrial heat energy, reflected back to Earth's surface.
(19) "Release" means any activity that results in the issuance or deposition of pollutants such as the emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-biological, chemical and/or physical agents into the ambient atmosphere, whether once, intermittently, or continuously.
(20) "Satellite" means a machine launched into Earth's orbit to perform functions including, but not limited to, communications, global positioning, intelligence gathering, weather modification and weaponry. Currently satellites are operating in low Earth orbit (LEO), medium Earth orbit (MEO), and high Earth orbit (HEO).
(21) "Satellite weather modification system (SWMS)" means weather modification by satellites which involves a space-based, man-made network of satellites able to communicate in real time with other satellites and ground-based infrastructure via transmission of electromagnetic radiation pollution such as lasers.
(22) "State police" means the Rhode Island State Police (RISP), an agency of the United States, State of Rhode Island, responsible for statewide law enforcement and regulation especially in areas underserved by local police agencies and on the state's limited access highways.
(23) "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.
(24) "Troposphere" means the region of the lowest layer of the atmosphere, six (6) to twelve (12) miles high in altitude, wherein temperature steadily drops with increasing altitude and nearly all cloud formations occur and weather conditions manifest.
(25) "Weather engineering" means the deliberate manipulation or alteration of the environment for the purpose of changing the weather or climate by artificial means, typically involving the deliberate release of polluting emissions into the atmosphere via cloud seeding, for small-scale, large-scale, and global-scale alteration of the environment.
(26) "Weather modification" means changing, controlling, or interfering with or attempting to change, control, or interfere with the natural development of cloud forms, precipitation, barometric pressure, temperature, conductivity and/or other electromagnetic or sonic characteristics of the atmosphere.
(27) "Website" means publicly accessible internet website.
(28) "Xenobiotic" means a chemical, compound or physical agent that is foreign to life and ecological systems.
23-23.8-5. Regulation by the state.
(a) Given officials' obligation to promote the safety of life and property, and due to the ability of enemies both foreign and domestic to cause harm intentionally, all state personnel appointed or tasked with climate-related activities shall be citizens of the United States, administered the state oath of office, and shall fulfill the obligations thereunder to protect the state and federal constitutions and Rhode Island constituents, requiring appointees' direct responsiveness to constituents and not to foreign or out-of-state entities.
(b) In order to fill the gaps and improve upon chapter 6.2 of title 42 ("2021 Act on Climate"), by reducing environmental pollution, the general assembly recognizes that transmissions by microwave antenna infrastructures are utilized for weather engineering and other purposes, creating an environmental and cyber security hazard. Therefore, protecting wildlife and people from exposure to radiation pollution is of the utmost urgency, while at the same time safeguarding the public from the commodification and weaponization of massive data harvesting.
(1) Per the Fourth Amendment of the U.S. Constitution, and article 1, section 6 of the constitution of the State of Rhode Island: "The right of the people to be secure in their persons, papers and possessions, against unreasonable searches and seizures, shall not be violated".
(2) Therefore, to boost the cyber security of Rhode Islanders, the safe and secure deployment of hard-wired, fiber-optic connections to the premises (FTTP) shall be prioritized instead of uninsurable polluting wireless irradiating infrastructure.
(c) To begin the process of reducing RF/MW radiation pollution, evaluation and verification of wireless communications facilities by an independent licensed radio frequency engineer is necessary. Analysis of wireless facilities shall include specifications for the generating equipment, various frequencies, modulation characteristics and rates, intensities and concentrations, directionalities, reflection and duration specifications of any type of transmission of electromagnetic radiation pollution.
(d) Potential violations shall be reported by state agencies or members of the public to the state police, as detailed in this chapter.
(e) The state police are authorized to and shall implement this chapter, determining when violations have occurred and if deemed necessary, shall refer potentially violative activity to the Air National Guard.
23-23.8-6. Violative activity.
(a) The state police shall immediately issue a cease-and-desist order upon the discovery of a polluting atmospheric activity, where an agency, department, office, program, or member of the public produces evidence that the polluting atmospheric activity may be occurring.
(b) The cease-and-desist order under subsection (a) of this section shall have the weight of a court order and any violation shall be punished under law.
23-23.8-7. Departmental notice to cease federal or foreign-approved programs.
(a) Where an activity in this chapter has been deemed hazardous has been approved, explicitly or implicitly, by the federal government, the state police shall issue a notice to the appropriate federal authority, agency, entity, or university that the hazardous activity cannot lawfully be carried out within or over the State of Rhode Island, pursuant to the Tenth Amendment.
(b) Government agencies or projects, universities, public or private entities, and armed forces operating within or above the State of Rhode Island shall meet all the requirements of this chapter.
23-23.8-8. Penalties and enforcement.
An entity or individual who engages in an activity under this chapter, or person who uses an unmarked or unidentified aircraft or other vehicle or facility to carry out an activity involving the release of polluting emissions, or who fails to comply with the regulations set forth:
(1) Has committed a felony and shall pay a fine of not less than five hundred thousand dollars ($500,000) or be imprisoned for not less than five (5) years, or both;
(2) Shall be guilty of a separate offense for each day during which the violative activity has been conducted, repeated, or continued; and
(3) Shall be deemed in violation of this chapter, and subject to further penalties under law.
23-23.8-9. Public participation -- Reporting.
(a) The department shall encourage the public to monitor, measure, document and report incidents that may constitute stratospheric aerosol injection (SAI), weather modification, or other related environmental polluting activities.
(b) An individual who presents evidence of a polluting atmospheric activity under subsection (a) of this section shall email or otherwise write and send any of the following to the state police:
(1) Evidentiary photographs, each separately titled as an electronic or hard-copy document, with the respective location from which, and, if the content is from other than a measuring device, the direction in which, the photo was taken, with its time and date;
(2) Independent precipitation analysis reports, photography, videography, audiography, microscopy, spectrometry, metering, and other forms of evidence shall similarly be submitted; and
(3) Videography of activity involving release of polluting emissions.
(d) A report to state police of potentially hazardous polluting emissions or electro-magnetic radiation pollution or fields, shall trigger investigation of the source(s) and contents of said emissions, without limitation. Spectrometry of air and rainwater and other testing may be used to determine specific contents of emissions. Where the emissions are harmful to humans or the environment, per primary scientific study, or building biology RF/MW radiation guidelines, enforcement shall ensue pursuant to Section 23-23.8-8.
(e) A report to state police of excessive electromagnetic radiation or fields, (as defined in Sections 23-23.8-4 and 23-23.8-10) in any part of the spectrum, including, without limitation, microwave or maser, infrared, light or laser, ionizing and non-ionizing radiation, or report of intense mechanical vibration, noise, or other physical agent, with evidence, including possible photographs, videography, audio recordings, measurements of the agents, or other detection, shall trigger immediately for attention within two (2) hours state police emergency measurements of peaks and averages over time with the appropriate, calibrated meters and forensic detection devices at the reported location. Where professional metering and monitoring equipment is needed but not owned by the state, state police shall partner with Rhode Island universities or colleges for investigative activity, in order to provide evidentiary findings that would qualify under the United States Supreme Court Daubert Rule in judiciary contexts.
23-23.8-10. Investigatory findings -- Responses.
As established in this chapter, weather engineering involves the deliberate release of polluting emissions. Upon a finding of:
(1) Any pollutants that are either xenobiotic (foreign-to-life) and should not exist in the natural environment, or electromagnetic radiation pollution found at hazardous levels according to building biology RF/MW radiation guidelines shall trigger enforcement as follows, over all federal, state and corporate entities:
(i) Immediate communication by state police of the requirement of the owner and/or operator of each facility or infrastructure deploying or releasing the specific agent or agents, to produce records of all data collection on emissions of the extant operations of any site(s) where xenobiotic agents or excessive levels are or have been detected, and convey said records to the department;
(ii) The issuance of the state police's order to cease operations of the facility/ies or infrastructure(s); and
(iii) The state police's evaluation within twenty-four (24) hours of the owner's and/or operator's performance in causing the cessation of all operations;
(2) Owners and/or operators of ground-based infrastructures or facilities transmitting excessive radiofrequency/microwave (RF/MW) radiation, including maser, of signal strength metered at and near the reported, publicly-accessible location in excess of negative eighty-five milliwatt (-85 dBm) for any frequency or channel band specified by a transmitting entity's FCC transmission license that fails to cease operations according to the order issued by the state police, shall pay a fine of not less than five hundred thousand dollars ($500,000) per day for each day during which violative activity is conducted;
(3) Extreme low-frequency alternating current (AC) electric fields in excess of one volt per meter (1 V/m);
(4) Magnetic fields in excess of one milliGauss (1mG);
(5) Ionizing radiation in excess of two hundredths milliSievert per hour (0.02 mSv/h);
(6) Laser, lidar, Li-fi, strobe, or other light with harmful effects; or
(7) Any vibration, noise, saser, sonic weapon, or other physical agent exceeding building biology guidelines shall trigger:
(i) Immediate communication by state police of the requirement of the owner or operator of each antenna, or facility or infrastructure deploying excessively energy-demanding and/or public-exposing transmissions, or other source of energy or vibration at the reported location, to produce records of all information collected on the extant operations at sites where excessive xenobiotic electro-magnetism and fields, mechanical vibration, or other physical agents are or have been detected, and to convey said records to the state police within twenty-four (24) hours;
(ii) Immediate communication by state police of the requirement of the operator of the facility, or utility or other service equipment at the reported location to provide within one business day all records up to that date and time of electrical usage at the reported location;
(iii) The issuance of the state police's order to cease operations of all antennas on, and other deployments of energy or vibration emitted from, the measured structure or facility;
(iv) The issuance of the state police's evaluation within twenty-four (24) hours of the owner's or operator's performance in causing the cessation of all operations at the reported location; and
(v) State police referral to the department of the attorney general any potential criminal activity for prosecution.
SECTION 2. This act shall take effect upon passage.
EXPLANATION BY THE LEGISLATIVE COUNCIL
AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR PRESERVATION ACT
The Rhode Island Clean Air Preservation Act would establish regulations to prohibit stratospheric aerosol injection (SAI), solar radiation modification (SRM) experimentation, and other hazardous weather engineering activities. For state security and public safety, this chapter would disallow the release of polluting emissions, including electromagnetic radiation, in Rhode Island's atmosphere and at ground level. The chapter also would improve health, protect the environment and wildlife, enhance agriculture, and preserve Rhode Island's unique biodiversity and precious natural resources.
This act would take effect upon passage.