MICHIGAN ATMOSPHEREIC PROTECTION ACT DRAFT

This is not a law yet. It’s just a draft to get the attention of Michigan Legislatures and to provide groundwork for them to finalize.
Contact your local state representatives to support the movement.
Crafted my myself, Anthony Mikinka.

Michigan Atmospheric Protection Act

AN ACT

To prohibit unauthorized weather modification, geoengineering, and atmospheric polluting activities; to regulate and license atmospheric activities for scientific or emergency purposes; to establish penalties for violations; to repeal conflicting provisions; to integrate with the Michigan Environmental Protection Act (MEPA) and the Natural Resources and Environmental Protection Act (NREPA); and to provide for the health, safety, and welfare of Michigan residents.

Section 1: Title

This Act shall be known and may be cited as the “Michigan Atmospheric Protection Act.”

Section 2: Legislative Findings

The legislature finds and declares the following:

    1. Atmospheric polluting activities, including weather modification, geoengineering, and aerosol injection, pose significant risks to Michigan’s environment, public health, and natural resources.
    2. The release of aerosols, electromagnetic emissions, and other atmospheric contaminants can interfere with natural processes, degrade air quality, and harm ecosystems.
    3. Michigan’s existing environmental framework, including the Michigan Environmental Protection Act (MEPA) and the Natural Resources and Environmental Protection Act (NREPA), establishes a foundation for environmental stewardship that this Act complements and strengthens.
    4. This Act provides additional protections by regulating emerging threats from unauthorized atmospheric manipulation and ensuring accountability for such activities.

Section 3: Definitions

For purposes of this Act, the following terms shall have the meanings provided:

  1. “Geoengineering”: The intentional manipulation of the environment to effect changes in Earth’s atmosphere or surface, including but not limited to weather modification, solar radiation management, and aerosol injection.
  2. “Weather Modification”: Any deliberate activity that alters or attempts to alter natural atmospheric processes, including cloud seeding or precipitation suppression.
  3. “Aerosol Injection”: The release of particles such as reflective sulfates, metals, or other substances into the atmosphere for the purpose of influencing weather or climate.
  4. “Atmospheric Polluting Activity”: Any deliberate release of contaminants, chemicals, or electromagnetic energy into the atmosphere that may harm human health, the environment, or agriculture.
  5. “Atmospheric Contaminant”: Any chemical, biological, radioactive, or hazardous material intentionally released into the atmosphere.
  6. “Solar Radiation Modification”: Activities aimed at reducing global temperatures by reflecting sunlight into space or increasing infrared radiation escape from Earth.
  7. “Chaff”: Aluminum-coated silica fibers or other reflective materials dispersed into the atmosphere, capable of breaking into fine particles.
  8. “Entity”: Any individual, organization, corporation, government agency, or other entity conducting activities covered by this Act.
  9. “Electromagnetic Radiation”: Emissions across the electromagnetic spectrum, including microwave, radiofrequency, infrared, laser, or ionizing radiation.
  10. “Hazardous Substance”: Any physical, chemical, or biological agent harmful to living organisms, property, or natural ecosystems.
  11. “MEPA”: The Michigan Environmental Protection Act, 1970 PA 127, which governs the protection of Michigan’s natural resources.
  12. “NREPA”: The Natural Resources and Environmental Protection Act, 1994 PA 451, which regulates pollution and environmental management.

Section 4: Prohibition of Unauthorized Atmospheric Activities

  1. No person or entity, including any federal agency, shall engage in any of the following activities within the State of Michigan without explicit authorization:
    1. Weather modification, including cloud seeding, precipitation enhancement, or suppression.
    2. Geoengineering activities, including but not limited to aerosol injection and solar radiation modification.
    3. Dispersal of atmospheric contaminants, including chaff, reflective particles, or hazardous materials.
    4. Emission of excessive electromagnetic or ionizing radiation intended to alter atmospheric conditions.
  2. Exemptions:
      1. Activities conducted for scientific research, public safety, or emergency response may be authorized under Section 5, provided they comply with the licensing and oversight requirements of this Act.

    Section 5: Licensing and Oversight

    1. Licensing Requirements:
      1. Any entity seeking to conduct activities described in Section 4 must apply for a license from the Michigan Department of Environment, Great Lakes, and Energy (EGLE).
      2. Applications shall include detailed project descriptions, environmental impact assessments, proof of financial responsibility, and any additional information required by EGLE.
    2. Reporting Obligations:
      1. Licensed entities must submit quarterly reports detailing activity scope, methods, and observed impacts.
    3. Public Notice:
      1. Entities must publish notices of intent to conduct licensed activities in newspapers of general circulation and on EGLE’s official website at least 30 days prior to commencement.

    Section 6: Enforcement and Penalties

    1. Violations:
      1. Any unauthorized activity under Section 4 shall be subject to penalties outlined in MEPA, NREPA, and this Act, including:
      2. Civil fines not exceeding $500,000 per day of violation.
        1. Criminal charges classified as felonies, punishable by imprisonment for up to five (5) years.
    2. Investigation:
      1. EGLE shall investigate all credible reports of violations within thirty (30) days of receipt.
      2. Citizens may file reports under MEPA to initiate investigations or seek declaratory relief.
    3. Cease-and-Desist Orders:
      1. EGLE may issue enforceable orders to halt unauthorized activities, consistent with its powers under NREPA.

    Section 7: Integration with Existing Laws

    1. Coordination with MEPA and NREPA: 
      1. This Act supplements MEPA and NREPA by addressing emerging threats from atmospheric activities not explicitly covered under existing statutes.
      2. Licensing, enforcement, and penalties under this Act shall be administered in alignment with MEPA’s citizen enforcement provisions and NREPA’s air pollution control framework.
    2. Repeal of Conflicting Provisions:
      1. Any statute or regulation within the Michigan Compiled Laws (MCL) that conflicts with this Act is hereby repealed or amended to ensure consistency.

    Section 8: Immediate Effect and Effective Date

    This Act is declared necessary for the immediate preservation of public peace, health, and safety and shall take effect upon its enactment.