1 Short Title. This act shall be known and may be cited as "The Clean Air Preservation Act."

2 Purpose.

I. Currently, RSA 12-F:1 provides that any department or agency of the state may engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations. Weather modification experimentation is known to involve the use of chemical compounds and technologies.

II. New Hampshire RSA 125 states that it is necessary to aggressively reduce emissions of sulfur dioxide (SO2) and other criteria pollutants due to adverse impacts on human health and the ecosystem. The department of environmental services acknowledges adverse health and environmental effects of SO2 including harm to the human respiratory system and that elevated concentrations of SO2 in the atmosphere can react with other compounds to form small particles that contribute to particulate matter pollution, reduce visibility and cause regional haze. SO2 can harm bees and other pollinators, animals, and aquatic life. SO2 harms trees and forests, damages foliage and decreases plant growth by causing acid rain. Acid rain decreases soil quality and reduces the yield from agriculture, farming, and gardening.

III. Attempts to alter atmospheric conditions through weather modification, solar radiation modification (SRM) and other weather manipulation methods involve the release of pollutants into the atmosphere. These pollutants fall to earth in precipitation causing harm to human health and damaging New Hampshire's natural resources. The Congressionally Mandated Research Plan and an Initial Research Governance Framework Related to Solar Radiation Modification outlines the coordination of federally funded research into Solar Radiation Modification (SRM). Scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities. Per the Center for International Environmental Law, "Solar Radiation Modification (SRM) technologies are dangerous and do not have any role to play in our common future." It is therefore the intention of the general court to prohibit SRM as further set forth by the terms and provisions of this act.

IV. The general court finds it necessary to prohibit SRM, weather modification experimentation and other polluting weather interventions or experiments in New Hampshire under the following provisions of the New Hampshire constitution:

(a) Part 1, article 1. Equality of men; origin and object of government.

(b) Part 1, article 2. Natural rights.

(c) Part 1, article 7. State sovereignty.

3 Atmospheric Experiments and Interventions. RSA 12-F is repealed and reenacted to read as follows:

CHAPTER 12-F

ATMOSPHERIC EXPERIMENTS AND INTERVENTIONS

12-F:1 Definitions. In this chapter:

I. "Air national guard" means the New Hampshire air national guard (NH ANG), a reserve component of the United States Air Force. As state militia units, the units in the NH ANG are not in the normal United States Air Force chain of command. They are under the jurisdiction of the governor of New Hampshire through the office of the state adjutant general unless they are federalized by order of the President of the United States. In the event that NH ANG is federalized, the governor shall form a state guard under RSA 111 to defend New Hampshire airspace.

II. "Apparatus" means ground-based, airborne, or space-based equipment, facilities, instruments, machinery, or tools used for purposes related to weather engineering, weather experimentation, or weather monitoring.

III. "Artificial intelligence" (AI) refers to a field of science and technology encompassing systems and tools that can perform tasks typically requiring human intelligence, such as learning, reasoning, pattern recognition, and decision-making, often through computational techniques like machine learning and neural networks. AI operates within defined parameters to analyze, predict, and execute actions based on complex datasets, with applications ranging from healthcare and genomics to military systems and public policy.

IV. "Atmospheric activity" means any deliberate polluting activity conducted by any iteration of human, machine learning or artificial intelligence, or any combination thereof, that occurs in the atmosphere and may have harmful consequences upon health, the environment or agriculture.

V. "Cloud seeding" is a type of weather modification that attempts to change the amount or type of precipitation by dispersing chemicals such as silver iodide (AgI), carbon dioxide (CO2 in the form of dry ice), or tri-methyl aluminum (TMA) into the air by means of aircraft or ground generators.

VI. "Entity" means any of the following:

(1) Individual.

(2) Trust.

(3) Firm.

(4) Joint stock company.

(5) Corporation, including a quasi-governmental corporation.

(6) Nongovernmental organization (NGO).

(7) Public or private partnership.

(8) Association.

(9) Syndicate.

(10) Municipality or municipal agency.

(11) Program.

(12) Fire district.

(13) Fund.

(14) Club.

(15) Nonprofit agency.

(16) Commission.

(17) University, college, or academic institution.

(18) Department or agency of this state.

(19) 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.

(20) Artificial intelligence.

VII. "Geoengineering" means the intentional alteration or manipulation of the environment, involving the release of nuclear, biological, chemical, trans-biological, electromagnetic radiation or other physical agents or pollutants that effect changes to Earth's atmosphere or surface and is inclusive of weather modification, solar radiation modification (SRM), stratospheric aerosol injection (SAI), marine cloud brightening (MCB), cirrus cloud thinning (CCT), and cloud seeding.

VIII. "Hazard" means a process, substance or physical agent by its nature that is harmful to living organisms generally or to property or another interest of value.

IX. "Intervention" means the act of interfering with weather processes or altering atmospheric or environmental conditions by releasing pollutants by methods including but not limited to, SRM, stratospheric aerosol injection (SAI), marine cloud brightening (MCB), cirrus cloud thinning (CCT), weather modification, cloud seeding, or outdoor pollution dispersion modeling.

X. "Machine learning" means the process in which a machine can learn on its own without being explicitly programmed.

XI. "Physical agent" means an agent, other than a substance, including, without limitation, radiofrequency/microwave (RF/MW) and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, kinetic or de facto weaponry, mechanical vibration and sound.

XII. "Pollutant" means any solid, liquid, gaseous or thermal irritant, contaminant or substance, including smoke, vapor, soot, fumes, aerosol, acid, alkalis, chemicals, chemical compounds, artificially produced electric fields, magnetic fields, electromagnetic fields, electromagnetic pulse (EMP), sound waves, sound pollution, light pollution, microwaves and all artificially produced ionizing or nonionizing radiation or waste.

XIII. "Pollution" means the discharge, dispersal, deposition, release, seepage, migration or escape of pollutants.

XIV. "Release" means any activity that results in the issuance of contaminants such as the emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-biological, chemical or physical agents into the ambient atmosphere, whether once, intermittently or continuously.

XV. "Sheriff" means a New Hampshire sheriff, with the authority to enforce laws in the State.

XVI. "Solar radiation modification (SRM)" means an experiment in the earth's climatic system involving the release of pollutants that reduces the amount of sunlight reaching the earth's surface. Scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities.

XVII. "State guard" means a state defense force in addition to, and distinct from, the New Hampshire national guard as defined by RSA 111.

XVIII. "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 pollutants in the atmosphere via cloud seeding, for small-scale, large-scale and global-scale alteration of the environment.

XIX. "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 or other electromagnetic or sonic characteristics of the atmosphere.

12-F:2 No person or entity shall engage in solar radiation modification (SRM) in New Hampshire, including through the use of an aircraft, balloon, space-based platform, ground generators, or interoperable ground-based facility.

12-F:3 Violative Activity.

I. A county sherriff shall immediately issue a cease-and-desist order when an unlawful polluting atmospheric intervention is suspected. The cease-and-desist order under this section shall have the weight of a court order and any violation shall be punished in accordance with section 12-F:5.

12-F:4 Notice to Cease Federal or Foreign-Approved Programs.

I. Government and armed forces projects must meet all the requirements of this chapter. If an activity deemed a hazard by this act has been approved, explicitly or implicitly, by the federal government, the sheriff shall issue a notice to the appropriate federal agency that the activity cannot lawfully be carried out within or over the state of New Hampshire.

II. County sheriffs shall determine whether violations have occurred and, if they deem necessary, shall refer potentially prohibited activity to the air national guard or state guard. The county sheriffs and air national guard shall develop a policy to determine the process for assessment of violations, referral to the national guard, and what the enforcement procedure is, within 90 days after the effective date of this chapter.

III. If deemed necessary, the New Hampshire air national guard may interdict, document identification tail numbers, secure photographic evidence, sample aerosolized effluents or particulates, utilize mass spectrometers and other appropriate scientific instrumentation, and engage with aircraft violating this section to escort them to the nearest airport for investigation, securing of evidence, and documentation of the violation.

IV. Random aircraft fuel and equipment checks shall be performed from time to time by county sheriffs, deputies, or the department of environmental services to ensure compliance with this chapter.

12-F:5 Penalties and Enforcement. An entity or individual who engages in a polluting atmospheric intervention or any entity or individual who uses an unmarked or unidentified aircraft or other vehicle or facility to carry out stratospheric aerosol injection (SAI), geoengineering, weather modification, cloud-seeding or other polluting atmospheric intervention:

I. Has committed a felony and shall pay a fine of not less than $500,000 or be imprisoned for not more than 2 years, or both;

II. Shall be guilty of a separate offense for each day during which violative activity has been

conducted, repeated, or continued; and

III. Shall be deemed in violation, and subject to the penalties of RSA 125-C, RSA 125-D, and

RSA 125-I, and other applicable pollution laws of the state of New Hampshire.

IV. Each county sheriff shall deputize and train volunteer New Hampshire citizens to assist with the enforcement of this chapter.

V. A county sheriff or their deputy shall investigate reports of SRM or radiation pollution to ensure compliance with the requirements of this chapter or the rules adopted in furtherance of this chapter.

12-F:6 Investigatory Findings. As established in this act, scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities involving the release of pollutants including electromagnetic radiation.

I. Communications facilities shall be subject to evaluation by an independent licensed radiofrequency (RF) engineer paid for by the facility owner. Evaluation shall document wavelengths, modulation characteristics and rates, intensities and concentrations, directionalities, reflection and duration specifications of any type of electromagnetism to be deployed or potentially emitted, intentionally or inadvertently, during the activity. Facility owner shall provide a detailed description of current purposes and future capabilities of facilities, including public, private and foreign affiliates and potential uses of artificial intelligence. The RF engineer shall provide findings in a report to be submitted to the county sheriff and the department of environmental services. The radiation signal strength metered at the reported location is not to exceed -75 dBm (decibel-milliwatt) for any frequency or channel band specified by a transmitting entity's FCC transmission license. If signal strength metered by the RF engineer is in excess of -75 dBm, the facility operator has 30 days to achieve compliance without disruption to performance of personal wireless services. County sheriffs and the department of environmental services shall perform random testing from time to time to ensure facility compliance with this chapter. Failure to comply will result in a fine of not more than $50,000 per day for each day the facility is out of compliance. Deliberate falsification or altering of information related to this section shall constitute a violation of this chapter.

4 Cross Reference Removed; Variances; Powers of Zoning Board of Adjustment. Amend RSA 674:33, VII to read as follows:

VII. Neither a special exception nor a variance shall be required for a collocation or a modification of a personal wireless service facility, as defined in RSA 12-K:2.

5 Cross Reference Removed; Powers to Review Site Plans. Amend RSA 674:44, V to read as follows:

V. Site plan review shall not be required for a collocation or a modification of a personal wireless service facility, as defined in RSA 12-K:2.

6 Repeal. The following are repealed:

I. RSA 12-K, relative to the deployment of personal wireless service facilities.

II. RSA 676:13, relative to building permits for person wireless service facilities.

7 Effective Date. This act shall take effect January 1, 2027.

1 Short Title. This act shall be known and may be cited as "The Clean Air Preservation Act."

2 Purpose.

I. Currently, RSA 12-F:1 provides that any department or agency of the state may engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations. Weather modification experimentation is known to involve the use of chemical compounds and technologies.

II. New Hampshire RSA 125 states that it is necessary to aggressively reduce emissions of sulfur dioxide (SO2) and other criteria pollutants due to adverse impacts on human health and the ecosystem. The department of environmental services acknowledges adverse health and environmental effects of SO2 including harm to the human respiratory system and that elevated concentrations of SO2 in the atmosphere can react with other compounds to form small particles that contribute to particulate matter pollution, reduce visibility and cause regional haze. SO2 can harm bees and other pollinators, animals, and aquatic life. SO2 harms trees and forests, damages foliage and decreases plant growth by causing acid rain. Acid rain decreases soil quality and reduces the yield from agriculture, farming, and gardening.

III. Attempts to alter atmospheric conditions through weather modification, solar radiation modification (SRM) and other weather manipulation methods involve the release of pollutants into the atmosphere. These pollutants fall to earth in precipitation causing harm to human health and damaging New Hampshire's natural resources. The Congressionally Mandated Research Plan and an Initial Research Governance Framework Related to Solar Radiation Modification outlines the coordination of federally funded research into Solar Radiation Modification (SRM). Scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities. Per the Center for International Environmental Law, "Solar Radiation Modification (SRM) technologies are dangerous and do not have any role to play in our common future." It is therefore the intention of the general court to prohibit SRM as further set forth by the terms and provisions of this act.

IV. The general court finds it necessary to prohibit SRM, weather modification experimentation and other polluting weather interventions or experiments in New Hampshire under the following provisions of the New Hampshire constitution:

(a) Part 1, article 1. Equality of men; origin and object of government.

(b) Part 1, article 2. Natural rights.

(c) Part 1, article 7. State sovereignty.

3 Atmospheric Experiments and Interventions. RSA 12-F is repealed and reenacted to read as follows:

CHAPTER 12-F

ATMOSPHERIC EXPERIMENTS AND INTERVENTIONS

12-F:1 Definitions. In this chapter:

I. "Air national guard" means the New Hampshire air national guard (NH ANG), a reserve component of the United States Air Force. As state militia units, the units in the NH ANG are not in the normal United States Air Force chain of command. They are under the jurisdiction of the governor of New Hampshire through the office of the state adjutant general unless they are federalized by order of the President of the United States. In the event that NH ANG is federalized, the governor shall form a state guard under RSA 111 to defend New Hampshire airspace.

II. "Apparatus" means ground-based, airborne, or space-based equipment, facilities, instruments, machinery, or tools used for purposes related to weather engineering, weather experimentation, or weather monitoring.

III. "Artificial intelligence" (AI) refers to a field of science and technology encompassing systems and tools that can perform tasks typically requiring human intelligence, such as learning, reasoning, pattern recognition, and decision-making, often through computational techniques like machine learning and neural networks. AI operates within defined parameters to analyze, predict, and execute actions based on complex datasets, with applications ranging from healthcare and genomics to military systems and public policy.

IV. "Atmospheric activity" means any deliberate polluting activity conducted by any iteration of human, machine learning or artificial intelligence, or any combination thereof, that occurs in the atmosphere and may have harmful consequences upon health, the environment or agriculture.

V. "Cloud seeding" is a type of weather modification that attempts to change the amount or type of precipitation by dispersing chemicals such as silver iodide (AgI), carbon dioxide (CO2 in the form of dry ice), or tri-methyl aluminum (TMA) into the air by means of aircraft or ground generators.

VI. "Entity" means any of the following:

(1) Individual.

(2) Trust.

(3) Firm.

(4) Joint stock company.

(5) Corporation, including a quasi-governmental corporation.

(6) Nongovernmental organization (NGO).

(7) Public or private partnership.

(8) Association.

(9) Syndicate.

(10) Municipality or municipal agency.

(11) Program.

(12) Fire district.

(13) Fund.

(14) Club.

(15) Nonprofit agency.

(16) Commission.

(17) University, college, or academic institution.

(18) Department or agency of this state.

(19) 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.

(20) Artificial intelligence.

VII. "Geoengineering" means the intentional alteration or manipulation of the environment, involving the release of nuclear, biological, chemical, trans-biological, electromagnetic radiation or other physical agents or pollutants that effect changes to Earth's atmosphere or surface and is inclusive of weather modification, solar radiation modification (SRM), stratospheric aerosol injection (SAI), marine cloud brightening (MCB), cirrus cloud thinning (CCT), and cloud seeding.

VIII. "Hazard" means a process, substance or physical agent by its nature that is harmful to living organisms generally or to property or another interest of value.

IX. "Intervention" means the act of interfering with weather processes or altering atmospheric or environmental conditions by releasing pollutants by methods including but not limited to, SRM, stratospheric aerosol injection (SAI), marine cloud brightening (MCB), cirrus cloud thinning (CCT), weather modification, cloud seeding, or outdoor pollution dispersion modeling.

X. "Machine learning" means the process in which a machine can learn on its own without being explicitly programmed.

XI. "Physical agent" means an agent, other than a substance, including, without limitation, radiofrequency/microwave (RF/MW) and other electromagnetic radiation and fields, barometric pressure, temperature, gravity, kinetic or de facto weaponry, mechanical vibration and sound.

XII. "Pollutant" means any solid, liquid, gaseous or thermal irritant, contaminant or substance, including smoke, vapor, soot, fumes, aerosol, acid, alkalis, chemicals, chemical compounds, artificially produced electric fields, magnetic fields, electromagnetic fields, electromagnetic pulse (EMP), sound waves, sound pollution, light pollution, microwaves and all artificially produced ionizing or nonionizing radiation or waste.

XIII. "Pollution" means the discharge, dispersal, deposition, release, seepage, migration or escape of pollutants.

XIV. "Release" means any activity that results in the issuance of contaminants such as the emitting, transmitting, discharging or injecting of one or more nuclear, biological, trans-biological, chemical or physical agents into the ambient atmosphere, whether once, intermittently or continuously.

XV. "Sheriff" means a New Hampshire sheriff, with the authority to enforce laws in the State.

XVI. "Solar radiation modification (SRM)" means an experiment in the earth's climatic system involving the release of pollutants that reduces the amount of sunlight reaching the earth's surface. Scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities.

XVII. "State guard" means a state defense force in addition to, and distinct from, the New Hampshire national guard as defined by RSA 111.

XVIII. "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 pollutants in the atmosphere via cloud seeding, for small-scale, large-scale and global-scale alteration of the environment.

XIX. "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 or other electromagnetic or sonic characteristics of the atmosphere.

12-F:2 No person or entity shall engage in solar radiation modification (SRM) in New Hampshire, including through the use of an aircraft, balloon, space-based platform, ground generators, or interoperable ground-based facility.

12-F:3 Violative Activity.

I. A county sherriff shall immediately issue a cease-and-desist order when an unlawful polluting atmospheric intervention is suspected. The cease-and-desist order under this section shall have the weight of a court order and any violation shall be punished in accordance with section 12-F:5.

12-F:4 Notice to Cease Federal or Foreign-Approved Programs.

I. Government and armed forces projects must meet all the requirements of this chapter. If an activity deemed a hazard by this act has been approved, explicitly or implicitly, by the federal government, the sheriff shall issue a notice to the appropriate federal agency that the activity cannot lawfully be carried out within or over the state of New Hampshire.

II. County sheriffs shall determine whether violations have occurred and, if they deem necessary, shall refer potentially prohibited activity to the air national guard or state guard. The county sheriffs and air national guard shall develop a policy to determine the process for assessment of violations, referral to the national guard, and what the enforcement procedure is, within 90 days after the effective date of this chapter.

III. If deemed necessary, the New Hampshire air national guard may interdict, document identification tail numbers, secure photographic evidence, sample aerosolized effluents or particulates, utilize mass spectrometers and other appropriate scientific instrumentation, and engage with aircraft violating this section to escort them to the nearest airport for investigation, securing of evidence, and documentation of the violation.

IV. Random aircraft fuel and equipment checks shall be performed from time to time by county sheriffs, deputies, or the department of environmental services to ensure compliance with this chapter.

12-F:5 Penalties and Enforcement. An entity or individual who engages in a polluting atmospheric intervention or any entity or individual who uses an unmarked or unidentified aircraft or other vehicle or facility to carry out stratospheric aerosol injection (SAI), geoengineering, weather modification, cloud-seeding or other polluting atmospheric intervention:

I. Has committed a felony and shall pay a fine of not less than $500,000 or be imprisoned for not more than 2 years, or both;

II. Shall be guilty of a separate offense for each day during which violative activity has been

conducted, repeated, or continued; and

III. Shall be deemed in violation, and subject to the penalties of RSA 125-C, RSA 125-D, and

RSA 125-I, and other applicable pollution laws of the state of New Hampshire.

IV. Each county sheriff shall deputize and train volunteer New Hampshire citizens to assist with the enforcement of this chapter.

V. A county sheriff or their deputy shall investigate reports of SRM or radiation pollution to ensure compliance with the requirements of this chapter or the rules adopted in furtherance of this chapter.

12-F:6 Investigatory Findings. As established in this act, scientific dimensions of SRM include the use of interoperable ground-based, airborne, and space-based facilities involving the release of pollutants including electromagnetic radiation.

I. Communications facilities shall be subject to evaluation by an independent licensed radiofrequency (RF) engineer paid for by the facility owner. Evaluation shall document wavelengths, modulation characteristics and rates, intensities and concentrations, directionalities, reflection and duration specifications of any type of electromagnetism to be deployed or potentially emitted, intentionally or inadvertently, during the activity. Facility owner shall provide a detailed description of current purposes and future capabilities of facilities, including public, private and foreign affiliates and potential uses of artificial intelligence. The RF engineer shall provide findings in a report to be submitted to the county sheriff and the department of environmental services. The radiation signal strength metered at the reported location is not to exceed -75 dBm (decibel-milliwatt) for any frequency or channel band specified by a transmitting entity's FCC transmission license. If signal strength metered by the RF engineer is in excess of -75 dBm, the facility operator has 30 days to achieve compliance without disruption to performance of personal wireless services. County sheriffs and the department of environmental services shall perform random testing from time to time to ensure facility compliance with this chapter. Failure to comply will result in a fine of not more than $50,000 per day for each day the facility is out of compliance. Deliberate falsification or altering of information related to this section shall constitute a violation of this chapter.

4 Cross Reference Removed; Variances; Powers of Zoning Board of Adjustment. Amend RSA 674:33, VII to read as follows:

VII. Neither a special exception nor a variance shall be required for a collocation or a modification of a personal wireless service facility.

5 Cross Reference Removed; Powers to Review Site Plans. Amend RSA 674:44, V to read as follows:

V. Site plan review shall not be required for a collocation or a modification of a personal wireless service facility.

6 Repeal. The following are repealed:

I. RSA 12-K, relative to the deployment of personal wireless service facilities.

II. RSA 676:13, relative to building permits for person wireless service facilities.

7 Effective Date. This act shall take effect January 1, 2027.