GeoLawWatch: Tracking Weather & Climate Legislation

A N A C T
RELATING TO HEALTH AND SAFETY GEOENGINEERING
Introduced By Representatives MacBeth Dickinson Ferri and Messier
Date Introduced February 27 2014
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 23.8
THE GEOENGINEERING ACT OF 2014
23-23.8-1 Short title This chapter shall be known and may be cited as The Geoengineering Act of 2014
23-23.8-2 Definitions The following words and phrases as used in this chapter have the following meaning
1 Air contaminant means soot cinders ashes any dust fumes gas mist smoke vapor odor toxic or radioactive material particulate matter or any combination of these
2 Air pollution means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities which either alone or in connection with other emissions by reason of their concentration and duration may be injurious to human plant or animal life or cause damage to property or which unreasonably interfere with the enjoyment of life and property
3 Area means not only that portion or portions of the state as shall be described in the air pollution episode declaration of the governor but also to any other portion or portions of the state where activities are carried on which contribute or may contribute to the air pollution episode in the portion or portions of the state described in the governors declaration
4 Department means the Rhode Island department of environmental management
5 Director means the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter
6 Geoengineering means activities specifically and deliberately designed to effect a change in the area climate with the intent or purpose of minimizing or masking anthropogenic climate change including global warning Such actions may include but are not limited to the following
i Attempts to remove carbon dioxide from the atmosphere and
ii Solar radiation management or cloud whitening or similar process whereby aerosols particles chemicals gases vapors or other compounds are injected into the atmosphere to reflect a portion of the suns radiation back into space
7 Person means any individual trust firm joint stock company corporation including a quasi-governmental corporation partnership association syndicate municipality municipal or state agency fire district club non-profit agency or any subdivision commission department bureau agency or department of state or federal government including quasi-government corporation or any interstate body
23-23.8-3 Findings of fact The general assembly finds and declares as follows
1 Geoengineering or climate remediation is a process that is in the experimental stages and if unrestricted and unregulated could have an economic impact on the state by potentially allowing increased amounts of air contaminants and air pollution throughout all areas of the state
2 Geoengineering could also have a negative impact on economic environmental soil water and air quality in the state
3 Geoengineering could have a negative impact on the state that it might be able to mask some impacts of greenhouse gases on the climate system while doing nothing to address with the chemical consequences of increased carbon dioxide CO2 concentrations in the atmosphere including ocean acidification a phenomenon that poses significant risks particularly for marine life
4 Potential but foreseeable hazards of geoengineering could include
i Decreased precipitation and evaporation altered monsoon rains and winds and perhaps delayed recovery of the ozone hole
ii Producing reductions in regional rainfall that could rival those of past major droughts leading to winners and losers among the human population and possible conflicts over water
iii Promoting rain or snow in one area to the detriment of another
iv Reducing the total amount of direct sunlight reaching earths surface
v Increased air water pollution and acid rains which will have a deleterious effect on the seafood industry
vi Promoting an increase in acid rain from sulfur aluminum oxide particles gases or other compounds which would cause adverse impacts on highly sensitive forest ecosystems
vii Allowing sulfate aluminum oxide particles gases or other compounds used in geoengineering schemes to eventually fall from the stratosphere into the troposphere and rain out onto the land and ocean contributing to ocean acidification and could negatively impact crop soils and built structures
viii Decreasing the effectiveness of alternative forms of energy such as solar panels due to reductions in direct sunlight or diffuse sunlight
ix Increasing atmospheric water vapor a greenhouse gas and cirrus clouds which are formed from aircraft engine exhaust and jet engine combustion often visible as persistent jet contrails and
x Numerous other potential consequences that would produce air pollution air contaminants and other as yet unforeseen environmental harms
23-23.8-4 Declaration of geoengineering policy a With respect to geoengineering as described in this chapter the general assembly declares that while the use of geoengineering to address climate change and global warming is a topic worthy for both scientific and other public investigation and debate its implementation and use should be strictly regulated by the state at this time Such regulation must include the opportunity for input and comment from the general public as well as from the medical environmental and scientific communities
b Air quality air pollution and the level of air contaminants must be monitored to ensure geoengineering programs are not implemented without public consent
c Tests must be performed on a continuous basis to ascertain levels of proposed and known chemicals particles gases metals other compounds and materials to ensure that these programs are not implemented without public consent
23-23.8-5 Limitations on geoengineering a Any person seeking to implement conduct or engage in any form of geoengineering in any area of the state shall first file an application proposal to do so with the director of the department of environmental management
b Upon receipt of such application the director shall conduct a set of public hearings to review the proposal which shall include a minimum of two 2 hearings where public comment on the application may take place
c The director shall also solicit comment on the application proposal from the department of health the coastal resources management council and various divisions from the department of environmental management
d After such hearing the director shall render a decision on whether to permit the proposed application for geoengineering and if permitted what limitations shall be placed upon the activity
e Any person aggrieved by a decision of the director may pursue an appeal of such decision through the administrative procedures act chapter 35 of title 42
23-23.8-6 Penalty for violations a Any person who knowingly engages in geoengineering within any area of the state or who knowingly fails to comply with the decision of the director shall be punished by a fine of not more than five hundred dollars $500 or by imprisonment for not more than ninety 90 days or by both fine and imprisonment and every person shall be guilty of a separate and distinct offense for each day during which the act of geoengineering shall be conducted repeated or continued
b Any person who knowingly engages in geoengineering within any area of the state or who knowingly fails to comply with the decision of the director shall also be deemed to be a violation of the air pollution episode control act pursuant to chapter 23 of title 23 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 in violation thereof
23-23.8-7 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 application process to implement geoengineering the contents of the application and the standards to be applied in making determinations as to whether to approve disallow or modify the application
SECTION 2 This act shall take effect upon passage