GeoLawWatch: Tracking Weather & Climate Legislation

SUMMARY
Rhode Island House Bill 5607 would have established state regulation of solar radiation management and climate geoengineering activities, requiring governmental approval before such practices could be conducted in the state. This legislation represented a fourth consecutive annual attempt to regulate geoengineering in Rhode Island and featured significant changes from previous versions, most notably a dramatic expansion of the definition of prohibited activities and a ten-thousand-fold increase in criminal penalties.
The bill significantly broadens the definition of climate geoengineering beyond the 2016 version to encompass large-scale manipulation of the global environment intended to manipulate the climate for any purpose whatsoever. This expanded definition would include attempts to reduce the overall temperature of the earth, for example to offset supposed global warming; attempts to increase the overall temperature of the earth, for example to melt polar ice caps; and attempts to alter the electrical conductivity of any portion of the atmosphere whether by chemical, nuclear, or electromagnetic means, for example to alter earth's natural processes by electromagnetic radiation. The definition of air contaminant continues to include aerosol particles, including genetically modified particles, alongside traditional pollutants.
The legislative findings emphasise different concerns from previous versions, declaring that solar radiation management and climate geoengineering research is in an extremely early stage and could have significant economic and environmental impacts whilst posing unforeseen and potentially deleterious public health risks. The findings assert that geoengineering could upset the complex natural balance in nature because scientists do not fully understand the vast interconnections between various species and their environments which make life habitable on earth. Potential hazards identified include decreased precipitation, altered monsoon patterns, delayed ozone hole recovery, regional droughts leading to water conflicts along with unnatural storms, torrential rains, and flooding; reduced sunlight affecting solar energy systems; promotion of toxic substances into the environment, changing soil acidity and adversely affecting the ability of soil to support healthy plants, poisoning domestic and wild animals, adversely impacting human health including impacts on forests, crops, built structures, and ocean ecosystems; and numerous unforeseen environmental harms.
The General Assembly declares that whilst the potential use of solar radiation management and climate geoengineering options merits scientific investigation and public debate, research and potential deployment must be strictly regulated by both the state and federal government with environmental impact assessment for activities above certain thresholds. The bill adds a new requirement that all actions, debate, findings, data, operating records, inputs, and decisions must be transparent and open for public inspection.
Any person seeking to implement solar radiation management and climate geoengineering in Rhode Island would be required to file an application with the Director of the Department of Environmental Management. The application must include a detailed description of the proposed project including purpose, scope, and methods to ensure transparency for reporting results, as well as a description of researcher qualifications and methods to minimise potential impacts. For proposals where potential environmental impact exceeds that of common commercial activities, with a threshold of 10 to the power of negative 6 watts per square metre, the Director must conduct an environmental impact statement conforming to United States Environmental Protection Agency standards under the National Environmental Policy Act.
The Director must convene a minimum of two public hearings to review all proposals and solicit comment from the Department of Health, the Coastal Resources Management Council, and various divisions within the Department of Environmental Management. Following the environmental impact statement, public hearings, and agency comments, the Director would decide whether to permit the proposed activity and what limitations and safeguards to impose. For proposals assessed to have potential environmental impact below the established threshold, environmental impact assessment would not be required, though public hearings and agency consultation would still be conducted. Aggrieved parties may appeal the Director's decision through the Administrative Procedures Act.
The most dramatic change from previous versions concerns penalties for violations. Whilst the 2014, 2015, and 2016 bills imposed penalties of up to five hundred dollars or ninety days imprisonment, the 2017 bill would impose penalties of up to five million dollars or fifteen years imprisonment, or both, representing a ten-thousand-fold increase in maximum fines and a sixty-fold increase in maximum imprisonment. Each day of unauthorised activity would constitute a separate offence. Violations would also be deemed violations of the Air Pollution Episode Control Act, subjecting offenders to that chapter's provisions including the use of executive orders to restrain violators. The Director is authorised to promulgate rules and regulations governing the application process, application contents, and standards for approval decisions.
SOUNDBITE
Rhode Island House Bill 5607, introduced in 2017, would have required permission from the state environmental director for any climate geoengineering activities including attempts to alter earth's temperature or atmospheric electrical conductivity, with violations punishable by up to five million dollars and fifteen years imprisonment, but was withdrawn at the sponsor's request before committee consideration.
HISTORY
The bill was introduced on 1st March 2017 by Representative Justin Price and referred to the House Environment and Natural Resources Committee. This marked the fourth consecutive year that Representative MacBeth or his colleagues had introduced geoengineering regulation legislation, though notably this 2017 version was sponsored solely by Representative Price rather than Representative MacBeth who had been the primary sponsor of the 2014, 2015, and 2016 versions. The 2017 bill featured substantial changes from its predecessors, including a vastly expanded definition of prohibited activities encompassing manipulation of climate for any purpose and dramatically increased penalties rising from five hundred dollars to five million dollars maximum fine and from ninety days to fifteen years maximum imprisonment.
A hearing was scheduled for 17th March 2017 with consideration expected to follow. However, before any substantive committee action could occur, the bill was withdrawn at the sponsor's request on 21st March 2017, as announced on 23rd March 2017. Withdrawal at sponsor's request is a procedural mechanism by which legislators voluntarily remove their own bills from consideration, effectively ending the bill's progress. Such withdrawals may occur for various reasons including recognition that the bill lacks sufficient support, concerns about unintended consequences, or strategic decisions to pursue alternative approaches. The withdrawal meant the bill never received a committee hearing or vote and represents the first time since 2014 that a Rhode Island geoengineering regulation bill failed to reach at least the committee hearing stage.
BILL TEXT
A N A C T
RELATING TO HEALTH AND SAFETY GEOENGINEERING
Introduced By Representative Justin Price
Date Introduced March 01 2017
Referred To House Environment and Natural Resources
It is enacted by the General Assembly as follows
SECTION 1 The general assembly finds and declares as follows
1 Solar radiation management and climate geoengineering research is in an extremely early stage but 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 Solar radiation management and climate geoengineering approaches could also have a negative impact on the states economy as well as environmental soil water and air quality posing unforeseen and potentially deleterious public health risks
3 Geoengineering could have a negative impact on the state by upsetting the complex natural balance in nature because scientists do not fully understand the vast interconnections between various species and their environments which make life habitable on earth
4 Potential but foreseeable hazards of solar radiation management and climate geoengineering could include
i Decreased precipitation and evaporation including alteration of monsoon patterns and potentially 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 along with unnatural storms torrential rains and flooding
iii Reducing the total amount of direct sunlight reaching earths surface which could reduce the effectiveness of solar energy systems
iv Promoting an increase in toxic substances into the environment changing acidity of soil and adversely affecting the ability of soil to support healthy plants poisoning domestic and wild animals adversely impacting human health including impacts on forests crops built structures and ocean ecosystems and
v Numerous other potential consequences that would produce air pollution air contaminants and other as yet unforeseen environmental harms
SECTION 2 Title 23 of the General Laws entitled HEALTH AND SAFETY is hereby amended by adding thereto the following chapter
CHAPTER 23.8
THE CLIMATE GEOENGINEERING ACT OF 2017
23-23.8-1 Short title
This chapter shall be known and may be cited as The Climate Geoengineering Act of 2017
23-23.8-2 Definitions
As used in this chapter the following words and phrases shall have the following meanings
1 Air contaminant means soot cinders ashes dust fumes gas aerosol particles including genetically modified particles mist or smoke vapor odor toxic or radioactive materials 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 This threshold is set forth in section 23-23.8-4
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 them by this chapter
6 Climate geoengineering means large-scale manipulation of the global environment intended to manipulate the climate for any purpose Such options may include but are not limited to the following
i Attempts to reduce the overall temperature of the earth for example to offset supposed global warming
ii Attempts to increase the overall temperature of the earth for example to melt polar ice caps and
iii Attempts to alter the electrical conductivity of any portion of the atmosphere whether by chemical nuclear or electromagnetic means for example to alter earths natural processes by electromagnetic radiation
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 nonprofit 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 Declaration of solar radiation management climate geoengineering policy
a With respect to solar radiation management and climate geoengineering options as described in this chapter the general assembly declares that while the potential use of solar radiation management climate geoengineering options is a topic worthy for both scientific and other public investigation and debate research and potential deployment should be strictly regulated by both the state and the federal government Such regulation should include environmental impact assessment for research or deployment above certain thresholds set forth in section 23-23.8-4 and the opportunity for input and comment from the general public as well as from the medical environmental and scientific communities
b Assessments of the impact of solar radiation climate and geoengineering research and or deployment must be performed on a continuous basis to ascertain potential impacts on the environment
c All actions debate findings data operating records inputs and decisions should be transparent and open for public inspection
23-23.8-4 Limitations on solar radiation management and climate geoengineering
a Any person seeking to implement conduct or engage in any form of solar radiation management and climate geoengineering in any area of the state shall first file an application to do so with the director of the department of environmental management
b The application should include all of the following information as well as other information deemed pertinent by the director and set forth in regulations for climate geoengineering approaches
1 A detailed description of the proposed project including its purpose scope and methods to ensure transparency for reporting of results and
2 A description of the qualification of researchers and methods to ensure that potential impacts are minimized
c Upon receipt of a proposal for solar radiation management and climate geoengineering research or deployment the director will conduct an environmental impact statement conforming to the United States Environmental Protection Agency standards under the National Environmental Policy Act NEPA in all cases where the potential environmental impact is above that of common commercial activities with an initial threshold 10 to the power of negative 6 watts per square metre Upon receipt of such application the director shall also convene 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
d 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
e After the conducting of the environmental impact statement public hearings and soliciting agency comments the director shall render a decision on whether to permit the proposed application for solar radiation management and climate geoengineering activities and if permitted what limitations and safeguards if any shall be placed upon the activity
f Any person aggrieved by a decision of the director may pursue an appeal of such decision through chapter 35 of title 42 administrative procedures act
g In all cases where the application assesses the potential environmental impact to be below the threshold established in subsection c of this section the proposal will not be subject to an environmental impact assessment however public hearings as set forth above will still be conducted as well as solicitation of comments from state agencies set forth above
23-23.8-5 Penalty for violations
a Any person who knowingly engages in solar radiation management and climate 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 million dollars $5000000 or by imprisonment for not more than fifteen 15 years 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 solar radiation management and climate geoengineering shall be conducted repeated or continued
b Any person who knowingly engages in solar radiation management and climate 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 in 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
23-23.8-6 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 solar radiation management and climate 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 3 This act shall take effect upon passage