GeoLawWatch: Tracking Weather & Climate Legislation

A BILL for an Act to create and enact a new chapter to title 23.1 of the North Dakota Century Code relating to harmful atmospheric activity and to provide a penalty
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA
SECTION 1 A new chapter to title 23.1 of the North Dakota Century Code is created and enacted as follows
Definitions
As used in this chapter
1 Aircraft means any contrivance invented used or designed for navigation or flight in the air The term includes a drone
2 Cloud seeding means a type of weather modification that attempts to change the amount or type of precipitation by dispersing chemicals into the air by means of an aircraft or a ground generator including silver iodide potassium iodide or dry ice
3 Director means the director of the department of environmental quality
4 Stratospheric aerosol injection means a method of solar radiation modification which introduces aerosols into the atmosphere to reduce sunlight
5 Weather engineering means altering or manipulating the weather
6 Xenobiotic means a foreign substance to the human body or to an ecological system
Polluting atmospheric activity Penalty
1 A person may not engage in a polluting atmospheric activity or use an unmarked or unidentified aircraft vehicle or facility for weather engineering cloud seeding stratospheric aerosol injection or other atmospheric activity that is harmful to a human or the environment including the production of excessive electromagnetic radiation
2 Any person that violates this section is guilty of a class C felony and subject to a fine of not more than five hundred thousand dollars
Exemption
This chapter does not apply to an individual who operates an aircraft for aerial application of agricultural chemicals or materials
Reporting and investigative requirements
1 Any individual may report an aircraft facility or other delivery system used for weather engineering cloud seeding stratospheric aerosol injection or any atmospheric experimentation involving the release of polluting emissions to the sheriff in the county in which the activity was observed or suspected If the sheriff finds the evidence reported to be credible the sheriff shall investigate the reported activity and may report any prohibited activity to the county states attorney for prosecution
2 The director and each county sheriff shall encourage the public to monitor measure document and report any incident that may constitute cloud seeding stratospheric aerosol injection weather engineering or any other polluting atmospheric activity An individual with evidence of a polluting atmospheric activity may report the activity to the director or the sheriff by submitting
a A photograph that includes the date time and location the photograph was taken
b An independent precipitation analysis report audiography microscopy spectrometry metering or any other form of evidence or
c A video recording of activity involving the release of polluting atmospheric emissions
3 If the director suspects prohibited activity has occurred based on the evidence provided the director shall report all documentary and supportive evidence to the sheriff in writing within twenty-four hours
a The director shall provide technical assistance and analysis of pollutants as needed
b The sheriff may request assistance from the bureau of criminal investigation to investigate any prohibited activity the sheriff suspects occurred or is occurring
4 If a report is made to the director or a sheriff alleging polluting atmospheric emissions the director or sheriff shall investigate the source and content of the emissions If the emissions are harmful to humans or the environment as demonstrated by a primary scientific source the sheriff shall take enforcement actions in accordance with this chapter
5 The director or sheriff shall take the following emergency measurements at the reported location where a suspected violation of this chapter occurred within two hours of receiving the report
a Excessive electromagnetic radiation or fields including microwave or maser infrared light or laser or ionizing or non-ionizing radiation or
b Excessive mechanical vibration noise or other physical agent
6 If professional metering or monitoring equipment is needed but not available to the state or county the director or sheriff shall partner with an institution of higher education to investigate and provide evidentiary findings that would qualify as scientific expert testimony
Enforcement actions
1 If the director or sheriff has reason to believe an individual is violating has violated or is attempting to violate this chapter the director or sheriff shall issue and serve an order to cease the activity
2 The governor may request the adjutant general to identify and notify the owner or operator of any aircraft or facility releasing aerosol emissions electromagnetic radiation or other pollutants into the atmosphere to cease the activity The adjutant general shall order the operator of an aircraft releasing aerosol emissions electromagnetic radiation or other pollutants into the atmosphere to land at the nearest airport to be investigated for violating this chapter The governor may request the bureau of criminal investigation to investigate any activity that may violate this chapter
3 The governor may request the department of environmental quality for an environmental study to investigate a violation of this chapter
Xenobiotic agents and radiation Enforcement
If the director or sheriff receives information alleging weather engineering or other atmospheric experimentation involving the release of a xenobiotic agent or the production of harmful levels of electromagnetic radiation the director or sheriff shall
1 Immediately require the owner or operator of the facility aircraft or other vehicle releasing the xenobiotic agent or producing electromagnetic radiation to produce a record of any site where a xenobiotic agent or radiation has been detected and convey the records to the director or sheriff
2 Immediately order the owner or operator to cease operations of the facility aircraft or other vehicle and
3 Verify within twenty-four hours that the owner or operator has stopped all operations relating to the release of xenobiotic agents or the production of electromagnetic radiation
Electromagnetic disturbances Enforcement
1 The director or sheriff immediately shall require the owner or operator of each tower antenna or other facility or infrastructure to produce a record of any operation where excessive xenobiotic electromagnetism and fields mechanical vibrations or other physical agents are or have been detected specifically
a Radio frequency or microwave radiation at any reported publicly accessible location in excess of negative eighty-five decibel-milliwatts
b Extreme-low-frequency alternating current electric fields in excess of one volt per eighty-two feet
c Magnetic fields in excess of one milligauss
d Ionizing radiation in excess of 0.02 millisievert per hour
e Laser or other light with harmful effects and
f Any vibration noise laser sonic weapon or other physical agent exceeding building or biology guidelines
2 The owner or operator shall convey the records to the director or sheriff within twenty-four hours
3 The director or sheriff shall
a Immediately order a cessation of operations of all antennas and other deployments of energy or vibration emitted from the structure or facility
b Verify within twenty-four hours that the owner or operator has ceased all operations of antennas and other deployments of energy or vibration and
c Refer suspected criminal activity to the county states attorney for prosecution