HF 4687

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/12/2024 12:08am

A bill for an act
relating to environment; prohibiting certain harmful atmospheric activity; providing
penalties; proposing coding for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.901] HARMFUL ATMOSPHERIC ACTIVITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin In this section, the following terms have the meanings given:
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new text begin (1) "aircraft" has the meaning given in section 360.511 and includes a drone;
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new text begin (2) "cloud-seeding" means a type of weather modification that attempts to change the
amount or type of precipitation by dispersing chemicals such as silver iodide, potassium
iodide, and dry ice into the air by means of aircraft or ground generators;
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new text begin (3) "stratospheric aerosol injection" means a method of solar radiation modification that
introduces aerosols into the stratosphere to create a cooling effect by reducing the amount
of sunlight reaching the earth, mimicking what happens naturally during a volcanic eruption;
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new text begin (4) "weather-engineering" means altering or manipulating the weather; and
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new text begin (5) "xenobiotic" means foreign to the body or to an ecological system.
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new text begin Subd. 2. new text end

new text begin Prohibition; penalty. new text end

new text begin (a) A person may not engage in a polluting atmospheric
activity or use an unmarked or unidentified aircraft or other vehicle or facility:
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new text begin (1) for weather-engineering, cloud-seeding, stratospheric aerosol injection, or other
atmospheric activity that is harmful to humans or the environment; or
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new text begin (2) to produce excessive electromagnetic radiation that is harmful to humans or the
environment.
new text end

new text begin (b) A person who violates this subdivision is guilty of a felony and subject to a fine of
$500,000.
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new text begin Subd. 3. new text end

new text begin Citizen reporting; investigative requirements. new text end

new text begin (a) A person may report an
aircraft, facility, or other delivery system used for suspected weather-engineering,
cloud-seeding, or any atmospheric experimentation involving the release of polluting
emissions to the county sheriff's office in the county in which the activity was observed or
suspected. If the county sheriff finds the reported evidence credible, the sheriff must
investigate further and may report supporting evidence of prohibited activity to the attorney
general.
new text end

new text begin (b) The commissioner and each county sheriff must encourage the public to monitor,
measure, document, and report incidents that may constitute cloud-seeding, stratospheric
aerosol injection, weather-engineering, or other polluting atmospheric activities. A person
with evidence of a polluting atmospheric activity may report by email or in writing to the
commissioner or the county sheriff by submitting:
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new text begin (1) evidentiary photographs, each separately titled as an electronic or hardcopy document,
specifying the date, time, and location where taken and, if the content is from other than a
measuring device, the compass direction in which the photo was taken;
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new text begin (2) independent precipitation analysis reports, audiography, microscopy, spectrometry,
metering, and other forms of evidence; or
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new text begin (3) videography of activity involving a release of polluting atmospheric emissions.
new text end

new text begin (c) If the commissioner has reason to suspect prohibited activity based on evidence
submitted under this subdivision, the commissioner must report in writing within 24 hours
all documentary and supportive evidence to the county sheriff for enforcement. The county
sheriff may request assistance from state law enforcement to investigate possible prohibited
activity. Upon request of a county sheriff, the commissioner must provide technical assistance
and analysis of pollutants as needed.
new text end

new text begin (d) If a report is made to the commissioner or a county sheriff under this subdivision
that alleges polluting atmospheric emissions, the commissioner or county sheriff must
investigate the source and contents of the emissions, without limitation. If the emissions
are harmful to humans or the environment, as demonstrated by a primary scientific source,
the county sheriff must take enforcement actions according to this section.
new text end

new text begin (e) Within two hours of receiving a report under this subdivision with evidence, including
photography, videography, audio recordings, measurements of the agents, or other detection,
that alleges an activity specified under clause (1) or (2), the commissioner or county sheriff
must take emergency measurements of peaks and averages over time with the appropriate
calibrated meter and forensic detection devices at the reported location:
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new text begin (1) excessive electromagnetic radiation or fields in any part of the spectrum, including
without limitation microwave or maser, infrared light or laser, or ionizing or nonionizing
radiation; or
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new text begin (2) intense mechanical vibration, noise, or other physical agent.
new text end

new text begin (f) When professional metering and monitoring equipment or expertise is needed under
paragraph (e) but not otherwise available to the state or county, the commissioner or county
sheriff must partner with state universities or colleges to investigate, so as to provide
evidentiary findings that would qualify as scientific expert testimony.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement actions. new text end

new text begin (a) Except as provided in subdivisions 5 and 6, the
commissioner or the sheriff in the county where reported must immediately issue a
cease-and-desist order for weather-engineering, cloud-seeding, or any other polluting
atmospheric activity when a person produces evidence to the commissioner or sheriff that
the activity involves a harmful polluting emission. The cease-and-desist order has the weight
of a court order and any violation is punishable under law.
new text end

new text begin (b) The governor may call upon the adjutant general of the Minnesota National Guard
to identify and notify any aircraft or facility releasing aerosol emissions, electromagnetic
radiation, or other pollutants into the atmosphere that they must cease and desist. Any aircraft
must be ordered to land at the nearest available airport to be investigated for prohibited
activity. The governor may call upon state law enforcement to investigate instances that
may be in violation of this section.
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new text begin (c) The governor may call upon the Pollution Control Agency for environmental studies
to investigate if and what chemicals may have been dispersed in violation of this section.
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new text begin Subd. 5. new text end

new text begin Enforcement; xenobiotic agents and radiation. new text end

new text begin When information is received
that alleges weather-engineering or other atmospheric experimentation that involves releasing
xenobiotic agents or producing electromagnetic radiation at harmful levels, the commissioner
or the sheriff in the county where reported must:
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new text begin (1) immediately require the owner or operator of the facility, aircraft, or other vehicle
releasing or producing the specific agent to produce records of the operations of any site
where xenobiotic agents or radiation have been detected and to convey the records to the
commissioner or sheriff;
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new text begin (2) immediately order the owner or operator to cease operations of the facility, aircraft,
or other vehicle; and
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new text begin (3) within 24 hours, verify that the owner or operator has stopped all operations that
release xenobiotic agents or produce electromagnetic radiation.
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new text begin Subd. 6. new text end

new text begin Enforcement; electromagnetic disturbances. new text end

new text begin (a) The commissioner or sheriff
must immediately require the owner or operator of each tower, antenna, other facility or
infrastructure to produce records of the extant operations at sites where excessive xenobiotic
electromagnetism and fields, mechanical vibration, or other physical agents are, or have
been detected, specifically:
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new text begin (1) radio frequency or microwave radiation, including maser, of signal strength metered
at the reported, publicly accessible location in excess of negative 85 dBm for any frequency
or channel band specified by a transmitting entity's FCC transmission license;
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new text begin (2) extreme-low-frequency alternating current electric fields in excess of 1 volt per 25
meters;
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new text begin (3) magnetic fields in excess of one milligauss;
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new text begin (4) ionizing radiation in excess of 0.02 millisievert per hour;
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new text begin (5) laser or other light with harmful effects; or
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new text begin (6) any vibration, noise, laser, sonic weapon, or other physical agent exceeding building
or biology guidelines.
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new text begin (b) The owner or operator must convey the records to the commissioner or sheriff within
24 hours.
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new text begin (c) The commissioner or sheriff must:
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new text begin (1) immediately order a cessation of operations of all antennas and other deployments
of energy or vibration emitted from the measured structure or facility;
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new text begin (2) within 24 hours, verify that the owner or operator has stopped all operations of
antennas and other deployments of energy or vibration; and
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new text begin (3) refer suspected criminal activity to the attorney general for prosecution.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement; federal activity. new text end

new text begin When an activity that the commissioner or any
sheriff has deemed harmful according to this section has been approved, explicitly or
implicitly, by the federal government, a foreign state, or an international body, the
commissioner or the sheriff must issue a notice to the appropriate federal agency, foreign
state, or international body that the harmful activity cannot lawfully be carried out within
or over the state, pursuant to the Tenth Amendment of the United States Constitution.
Government agencies or projects, universities, public or private entities, and armed forces
operating within or above the state must comply with this section.
new text end