MA Legislation

In process of moving legislation halted or 'sent to study' here.

TERRIBLE BILL TO STREAMLINE 5G

H.383 An Act relative to a 5G technology task force

Some advocates thought the bill, to streamline 5G, had hope. This allowed the bill to advance as some legislators said they were confused by the lobbying of anti-5G activists for the bill. Here is a short article critiquing the bill. This bill needed to be stopped despite advancing to House Ways and Means.

• • Summary: This is an industry-led commission to study and propose “fair” 5G laws for 5G development - in other words, to streamline 5G. See testimony: Critique of 5G Technology Task Force H 383.
  • Sponsors: Rep. Bradley Jones, B. Hill, E. Poirer, Rep. S. Gifford, etc.
  • Favorable Report by: Joint Committee on Economic Development and Emerging Technologies.

AMENDMENT TO ABOVE H. 383 BILL & COMMISSION BILLS

Summary: Because advocates mistakenly pushed H. 383 and other bills without caveat, action was taken to halt these bills. A https://web.archive.org/web/20210325081008/https://www.subscribepage.com/5g">landing page petition was ready 26 May 2020 and an amendment ready in early 2020 around this time. Scroll down to the section on investigations to see one of the drafts developed.

BILLS THAT HARD-WIRE OR REDUCE EXPOSURES

S. 1988 An Act Relative to Utilities, Smart Meters, & Ratepayers Rights

All legislators need to be educated and persuaded to support this bill, which will be resubmitted! This bill was developed by and for Worcester residents with Senator Michael Moore's support. Here are recent, relevant docket submissions on smart meters from state Senator Moore, several organizations & professionals, Massachusetts Association for the Chemically Injured, and a very detailed account by advocate Patricia Burke. There is also a summary article here. An economic costs presentation was also prepared by Kirstin Beatty.

• • Summary: Allows opt out of wireless meters and does so without a fee.
  • Sponsors: Sen.s Michael Moore, D. DiZoglio, Rep. K. Hogan, Sen. D. Tran, Rep. C. Gonzalez, etc.
  • Favorable Report By: Favorable report given by the Joint Committee on Telecommunications, Utilities and Energy (Chairs Sen. Barrett, Rep. Golden, Vice-Chairs Sen. Pacheco, Rep. Dykema). See link (click bill no.) for progress and new committee).

S. 1982 An Act relative to wifi and cellular infrastructure along rail lines

• • Summary: Requires approval of locally elected bodies for railway antennas, but sadly only for Quincy, Braintree, Holbrook, Abington, & Rockland
  • Sponsor: Sen. JF Keenan

S. 207 An Act ensuring safer technology investment by the Massachusetts Broadband Institute

• • Summary: Adds accountability, safety & security to MBI mandate; requires use of funds for maintaining reliable, hard-wired grid & for hard-wiring public spaces including State House
  • Co-Sponsor Rep. Carlos Gonzalez
  • Sponsor Constituent K. Beatty (LTL Director)

H. 587 An Act Reducing Public School Non-Ionizing Radiation and Wireless Exposures

• • Summary: For school policy to limit wireless exposures and hard-wire connections where possible – funding needed!
  • Sponsor Constituent K. Beatty (LTL Director)

S. 1271 An Act Educating Patients on Environmental Health Risks such as Wireless Exposures

• • Summary: Patient education and health care quality control measures
  • Sponsor Constituent K. Beatty (LTL Director)

S 1867 An Act Reducing Library Non-Ionizing Radiation Exposures from Wireless and Electricity

• • Allows state library grants to be given to hard-wire libraries
  • Sponsor Constituent K. Beatty (LTL Director)

Bill S. 155 (2009), etc., S. 125 (2019) An Act to regulate the sale and use of microwave ovens

• • Summary: To prevent leakage, sale of dysfunctional ovens, ovens sized to allow pets inside, and ownership of more than one. This is bill designed by constituent Donald Kusser.
  • Sponsor Constituent Donald Kusser via Sen. John Keenan and Rep. Michael Morrissey

BILLS FOR WIRELESS LIMITS
S 1273 An Act banning especially dangerous wireless facilities, emissions, and products

• • Summary: To stop 5G and ban small cell towers in front of homes and allow banning other items deemed dangerous – note the state has this right based on Constitutional and federal law.
  • Sponsor Constituent K. Beatty (LTL Director)

BILLS FOR MONITORING & EDUCATION
S 1272 An Act registering wireless facilities to allow for monitoring and to ease access to contact information

• • Registers wireless facilities with state radiation department, which is to work with MA Broadband Institute to create a map. Registration is crucial for towns & citizen knowledge.
  • Co-sponsor: Rep. Carlos Gonzalez
  • Sponsor: Constituent K. Beatty (LTL Director)

S. 1271 An Act Educating patients on environmental risks such as wireless exposures

• • Summary: Encourages doctors to educate patients on wireless, mold, digital addiction, and other pollutants as relevant.
  • Sponsor Constituent K. Beatty (LTL Director)

H. 2011 An Act Providing for environmental risk fact sheets from the Department of Public Health

• • Dept. of Public Health will prepare & publish fact sheets on environmental health risks (incl. wireless)and respond to citizen concerns—accountability measures to DPH
  • Sponsor Constituent K. Beatty (LTL Director)

S. 130 https://malegislature.gov/Bills/191/SD2119">30 Resolve relative to disclosure of radio frequency notifications – NOT ACTIVE

• • Warns to read product manual and keep appropriate distance from cell phone
  • Editing: Best to remove suggestion that recommended distance equals safety.
  • Sponsor: Rep. J. Cyr

BILLS TO REDUCE SCREEN TIME EXPOSURES (Blue light, wireless risks, etc.)

S 294 An Act Limiting school screen time – NOT ACTIVE

• • Removes state mandate requiring students to use technology (this begins in Pre-K) and allows schools to set school screen time limits. See screentimetestimony2020
  • Sponsor Constituent K. Beatty (LTL Director)

H 588 An Act Requiring privacy protections and supporting safer technology in schools – NOT ACTIVE

• • Allows opt outs of technology by students/parents for privacy/safety/clout; recommends hard-wiring; makes school data use for political ID, marketing, & abuse unlawful; restricts data retention to that necessary for education
  • Sponsor Constituent K. Beatty (LTL Director)

S 295 An Act Accounting for technological privacy and safety in schools with local and state committees – NOT ACTIVE

• • Local council monitors school privacy and safety policies & creates curriculum on safer technology use. State committee provides helpful template.
  • Sponsor K. Beatty

BILLS TO INVESTIGATE & REPORT

H 2888 National Grid Worcester smart meter pilot program – NOT ACTIVE

• • Seeks to correct false financial reporting being misused to assert cost-savings of wireless utility infrastructure.
  • H. 2888 Pamela Steinberg via Rep. Mahoney

H 2840 An Emergency Act to Investigate the Results Reporting of the National Grid Worcester smart meter pilot program . . .

• • Same as H. 2888 above.
  • Patricia Burke via Rep. S. Dooley

H 2885 An Act establishing a commission to study the environmental and health effects of evolving 5G technology

• • A study of health risks—however, initial sentence ought to include all wireless, not just 5G; representation of others like parents, sensitives, etc., and the latter may need to be financially supported—see critique of 5G Task Force for more ideas.
  • Sponsor Rep. J. Lewis

The amendment below is to insure independence and a wide range of stakeholders in an investigation of wireless and other electromagnetic radiation -- this was later worked on and revised such as seen in this draft. Excepting the American Environmental Academy of Medicine and the American Academy of Pediatrics, none of the organizations has made a public statement on this issue. Notes:

• • This bill provides greater independence from politics than the New Hampshire bill would be a poor choice and S. 129 and is better than H. 383 which promotes 5G.

An Amendment of H. 383 or S. 129 - initial drafts in early 2020

• Summary: Because of concerns that S. 129 would be a political football and H. 383 streamline 5G, the following amendment was developed. Attached is one of the drafts, designed to bring in big stakeholders and provide a appointees originated from a diversity of stakeholders to support independence. Initially, when asked, Cece Doucette was not interested, hoping both bills would just move forward in committees. A draft was sent to Helen Walker who suggested reaching out to different groups for feedback. Kirstin joined one strategy session with Ruth Rin, Cece, and God knows who else, for positive feedback and ideas from strangers but Cece was proposing that the bills be replaced with language from the New Hampshire state commission. Kirstin felt that commission also lacked controls to prevent the bill from being a political football in Massachusetts, where the administration and legislature and heavily lobbied by the technology industry. Kirstin has continued to work on revising the bill, getting feedback, and reaching out to stakeholders without much luck making contact.
• Author: Kirstin Beatty, co-chair of ballot committee, director of Last Tree Laws
  • A Wireless or Electromagnetic Investigation
  • Resolved, Notwithstanding any general or special law to the contrary, there shall be a special commission to research the impact of electromagnetic (EMR) and radiofrequency (RFR) radiation on consumer protection, public health, and and the environment, and determine, if detrimental, how to allay health and financial repercussions, the former having primacy.
  • The commission shall be composed of the following 21 members, as follows:
  • (a) The Attorney General or designee;
  • (b) A nominee of the Massachusetts Teachers Association;
  • (c) One union member nominated by the Massachusetts AFL-CIO;
  • (d) One telecommunications worker representative nominated by the Communications Workers of America;
  • (e) One doctor nominated by the American Environmental Academy of Medicine;
  • (f) One scientist nominated by the Silent Spring Institute;
  • (g) One doctor nominated by the Massachusetts Medical Society, ideally with expertise in either cancer, neuroscience, or infertility;
  • (h) One scientist nominated by Community Action Works;
  • (i) One pediatric doctor nominated by the Massachusetts Chapter of the American Academy of Pediatrics;
  • (j) One representative or lawyer nominated by the Massachusetts Jewish Alliance for Law and Social Action;
  • (k) 2 representatives nominated by the Massachusetts American Civil Liberties Union;
  • (l) A representative of the State House selected by the Speaker of the House;
  • (m) A senator of the State Senate selected by the President of the Senate;
  • (n) A representative of small business appointed by the governor;
  • (o) 3 non-voting members appointed by governor:
  • -Telecommunications representative;
  • -Medical system representative;
  • -Engineer in wireless networks;
  • (p) 4 non-voting commissioners, directors, or their designees for the following departments:
  • Public Health;
  • -Telecommunications and Cable;
  • -Technical Assistance and Technology Office;
  • -Consumer Affairs & Business Regulation.
  • Chairmanship, legislative and policy decisions for reports to the Commonwealth shall be decided by vote of all members with voting status. Commission members shall elect a chair by majority vote, who may be replaced at any time upon majority vote.
  • No voting member or spouse of voting member of the commission shall have a history of or current telecommunication, energy, IT, or utility industry clients or job dependency; nor shall any voting member have current telecommunications, energy, IT, or utility direct financial investments exceeding the sum of $5,000. No voting member or spouse of a voting member of the commission shall receive funding or a job from telecommunication, energy, IT, or utilities in the two years following the commission’s final report. All commission members must file a statement of any relevant conflicts of interest as specified above, including in relation to immediate family members, i.e. parents, children, siblings, uncles, aunts, with the Secretary of State during the commission period and continuing through each year until two years after the commission ends. These statements must be made public by the Secretary of State.
  • The meetings and communications shall be subject to the Massachusetts open meeting laws so as to be transparent. The commission shall be assisted by and have access to the resources available to the legislature and the executive branch in its investigations. The commission shall file a report of its recommendations and proposed legislation or regulatory changes, if any, with the clerks of the House and Senate and with the chairs of the Joint Committee on Consumer Protection and Professional Licensure not later than December 31st 2022, and may file a series of reports.

ONLY GOOD IF AMENDED -AN INVESTIGATION OF WIRELESS

S. 129 Resolve relative to disclosure of radio frequency notifications

Please see criticism and appointee problems below. Here is a short article critiquing the bill.

• • • Summary: Establishes a commission to investigate wireless but as written has significant risks of politicization.
    • Status: Click bill no. above and scroll down – presently in Senate Ways and Means
    • Favorable report by Consumer Protection and Professional Licensure [Members: Paul Feeney, Bill Welch, Tackey Chan, Jay Livingstone, Diana DiZiglio, Joseph O. Boncore, Ryan Fattman, Jonathan D. Zlotnick, Adrian C. Madaro, William J. Driscoll, Jr., Mindy Domb, Tami Goveia, David H.A. Lebouef, Jack Patrick Lewis, Steven S. Howitt, Joseph D. McKenna]
    • Criticism:
      • Most appointment descriptions are ideal for filling with industry representatives or dependents;
      • Lacks specificlanguage to prevent appointment of compromised individuals – no limit on industry clients, no limits on voting by industry reps or dependents, no limits on financial interests, no limits on career dependence – nothing;
      • Industry has influence not just from the vote of an industry rep, but from people whose jobs depend on industry;
      • Why give industry, a non-person, a vote? Industry, a non-person, has a seat but the people who have been harmed lack a seat. The point is protect the people and even the economy for the people, not industry;
      • Lacks full breadth of representation. Here is a relevant copy of a May 2, 2020, request for a changes by Kirstin Beatty naming some groups that could be included – but these would still be too few to be a counterweight.
    • More Appointee Problems: The governor has in the past appointed industry insiders and lobbyists to fill his cabinet and commissions. Highlighted in red below are individuals who could easily favor or be chosen to represent industry rather than the people:
    • Dept. Commissioners, Director, or designees:
      1. Public Health
      2. Telecommunications and Cable
      3. Technical Assistance and Technology Office (Dir.)
      4. Consumer Affairs & Business Regulation (Dir.)
    • Other appointees:
      1. Telecommunications Representative – beholden to industry
      2. Engineer in wireless networks – career dependent upon industry
      3. Attorney in environmental law – easily filled by MA-based industry lawyer in environmental law who represents the industry and is involved in “environmental” nonprofit focused on corporations
      5. Scientist in environmental medicine knowledgeable of electromagnetic and radiofrequency radiation and research methods– easily filled by industry “scientist” such as Peter Valberg
      6. Massachusetts Medical Society member with background in environmental medicine
      7. Pediatrician knowledgeable of electromagnetic radiation in children – May be a token member, easily overruled

ONLY GOOD IF AMENDED – FOR WIRELESS LIMITS

H 1874 An Act relative to best management practices for wireless in schools and public institutions of higher education – NOT ACTIVE

• • Important Edit: Replace “purchase and installation of wireless internet services” with “reducing wireless and electromagnetic exposures.”
  • Improvements:
    • Something concrete, such as requiring removal of wireless from schools, would be better for quick results.
    • Building Biologists and electrical engineers could be brought in for an independent report of how best to cut electromagnetic exposures.
  • Sponsor Rep. C. C. Dykema

ONLY IF AMENDED – TO INVESTIGATE

H. 2901 (2011) H. 2032 (2013) H. 2007 (2015) H. 1192 (2017) H. 1956 An Act relative to a special commission to study electric and magnetic fields

• • Help Request: Critique was sent to Linsky’s office and the committee by constituent Kirstin Beatty prior to 2019 – 2020, but his resubmission in 2019 was the same. Perhaps the written submission was not reviewed – if someone could pass on the information to him personally that would be helpful.
  • Issue 1: Appointees Environmental League of Massachusetts and American Cancer Society are connected to the utility and/or telecommunications industry.
  • Issue 2: Given that the science is fairly solid that electric and magnetic fields can cause ill health, why not immediately adopt the ALARA principle, “As Low As Reasonably Allowable,” as other states and countries already have in place?
  • Sponsor Rep. D.P. Linsky

This Last Tree Laws ballot measure proposed a committee of environmental advocacy groups to write and propose legislation to the state legislature for vote. Not enough signatures were gathered, however, and the vote requirement disallowed.

Lessons learned from this ballot measure are many, but essentially it is best to simple propose the environmental legislation directly.

Previous Wireless Legislation 2017 – 2018

S.2080 An Act increasing medical awareness and insurance coverage of non-ionizing radiation injury and reliance upon credible independent medical research (Constituent Kirstin Beatty) ~ Detailed bill for quality control for electromagnetic exposures in hospitals; that credible research be defined; and medical insurance coverage be included for electromagnetic harm.

S.2079An Act reducing non-ionizing radiation exposure in schools (Constituent Kirstin Beatty) ~ Idealistic bill demanded removal of school wireless and addition of criminal penalties, yet was passed forward from Education committee.

H. 2030 An Act relative to best management practices for wireless in schools and public institutions of higher education (Rep. Carolyn Dykema)~ Similar to 2019-2020 bill of same name and to a Maryland bill, decent in concept except for an important error - allowed continued wireless installation - and as the Massachusetts education board was not then particularly free of industry influence.

Resolve S.2431 Resolve relative to disclosure of radio frequency notifications (Sponsor Joint Committee on Consumer Protection and Professional Licensure) This bill resembles a bill of the same name submitted in 2019 – 2020.

In 2015, a ballot question committee, Citizens for Safer Radiation Technology, was organized for an investigation of wireless together with resident Patricia Burke. The proposal was the first commission proposed to study wireless. The legislative proposal, written by Kirstin Beatty, was quite hopeful or idealistic, as can be seen in the summary below. Time was necessary to realize that such a proposal could not easily go forward without significant public understanding and support.

SUMMARY OF NO. 15-33
This proposed law would create a commission to study and address risks posed by electromagnetic radiation. The proposed law would require the commission to complete 16 tasks, including (1) conducting risk analysis and clarification; (2) creating standards; (3) generating guidelines; (4) enacting partial or full bans in emergencies; (5) determining whether to mandate decommissioning or cleaning of nuclear power plants in Massachusetts; (6) ensuring that existing regulations align with the commission’s standards; (7) choosing to require relevant testing and monitoring to ensure compliance; (8) updating medical definitions and requiring that certain illnesses are covered by insurance; (9) updating guidelines for when electromagnetic devices must be covered by insurance; (10) updating guidelines for use of electromagnetic technology in educational and child care settings; (11) creating warning labels and signs; (12) designating areas that are protected or restricted from items of concern; (13) creating recommendations to improve education, workplace, utilities, radiation, emergency management, and building regulations; (14) preparing reports and informational media; (15) generating proposed legislation; (16) accessing the emergency broadcast system to prevent emergencies.
In addition, whenever a commission publication identifies a state agency as requiring revisions in its regulations bearing on public health, the proposed law would give that agency up to six months to revise its regulations in accordance with the commission’s recommendations.
The proposed law would create an eight-member board to nominate and review commission members. Board members would be selected by Kirstin Beatty, the organizer of Healing Earth Refuge, a citizen environmental and public health grassroots advocacy group. The eight board members would be charged with determining the organization of the commission, appointing one or more chairs, and appointing twelve full-time members and one lawyer to the commission. The board members would also have authority to appoint six more temporary commission members.
The proposed law would require that commission members have relevant education and experience across a range of disciplines. Under the proposed law, any person considered for appointment to the commission would be required to disclose financial and personal information and, when necessary, make disclosures about potential conflicts of interest to the Ethics Commission. Under the proposed law, the commission chairs would be responsible for assigning tasks to commission members.
The proposed law would prohibit commission members from taking jobs in industries subject to their investigation for two years following completion of their commission service. It would also authorize commission members to appoint substitutes for themselves, subject to board approval, in the event of continuing absence, illness, or significant responsibilities barring attendance.
The proposed law would provide funding to the commission to complete its tasks, subject to appropriation. In particular, the proposed law would give board members a $600 honorarium and funds for accounting services. It would provide commission members compensation for time and travel expenses. The proposed law would allow for the hiring of administrative, scientific, and secretarial assistants and a media and communications writer. It would give the commission access to medical and scientific journals, office supplies and office space, and a page on the Massachusetts government website.

WIRELESS LEGISLATION 2015 – 2016

Bill SD. 2212An Act relative to studying radiation health and safety risks for protective measures

• • This investigative commission was empowered to enact bans, etc.
  • This was not resubmitted.
  • Sponsor Constituent K. Beatty (LTL Director)

Bill SD.2256<An Act requiring physician training on non-ionizing radiation and electrohypersensitivity

• • Short bill requiring physician training in electromagnetic sensitivity and other harms of electromagnetic radiation.
  • Sponsor Constituent K. Beatty (LTL Director)

WIRELESS LEGISLATION 2015 – 2017

H. 2868(2015)S.1864 (2017) An Act relative to utilities, smart meters, and ratepayers’ rights (Sen. Michael Moore) – Similar to 2019 -2020 bill of same name. Critique was made by Director Kirstin Beatty that bill did not apply to town-owned utilities, and changes appear to have been made. This bill was originally submitted on behalf of concerned Worcester residents and Halt Smart Meters Massachusetts, which no longer has a website.

S. 1222(2015) S.1268 (2017) Resolve creating a special commission to examine the health impacts of electromagnetic field (Recommended by constituent Cece Doucette 2015, prepared by Sponsor Sen. Karen Spilka 2017) Initially this bill did not prevent industry influence, and some changes were made in following sessions. Kirstin spoke with Cece about the issue of industry influence needing to be curtailed.