Commission for Electromagnetic Investigation

A discussion of legislation, especially in reference to wireless investigation, can be found in this post on whether to investigate.

The below draft was not finished or put forward, for reasons discussed in the post.

 

DRAFT: An Electromagnetic (Wireless, Electricity) Investigation

Prepared by Kirstin Beatty (Beatty.fyi, co-chair of Last Tree Laws)
2 December 2020

SECTION 1. Whereas, other countries and some states have chosen to limit or ban certain exposures to wireless or electrical frequencies.

Whereas, reputable, peer-reviewed evidence shows wireless frequencies may cause or promote cancer, heart disease, and learning problems – such as research on cancer by the U.S. National Toxicology Program.

Whereas, peer-reviewed science associates certain types of electric exposures with cancer, infertility, and miscarriage.

Whereas, Massachusetts residents would benefit from a review of the science and potential solutions free of influence from corporate and political interests.

Whereas, the following investigative commission reduces political pressure by diversifying who appoints, restricting appointments by politicians, and setting limits on conflicts of interest.

SECTION 2. Resolved, Notwithstanding any general or special law to the contrary, there shall be a special commission, hereafter called the commission, to research the impact of electromagnetic (EMR) radiation ranging from zero to 300 Ghz, with respect to consumer protection, public health, and the environment to determine, if detrimental, how to equitably allay environmental and health impacts.

(a) Commission objectives. The commission shall convene no later than 60 days following enactment in order to research and review non-industry-funded and peer-reviewed science regarding EMR, inviting comment from medical and scientific experts independent of industry.

If concerns are deemed warranted, the commission shall with respect to safer housing, utilities, business, public health, environment, and telecommunications:

(i) identify and review the current state laws, regulations, and administrative directives; (ii) identify the key sectors and regions that would best benefit from improved legislation, regulations, and administrative directives;
(iii) secondarily, as time allows, identify same at the federal level;
(iv) identify funding sources for recommendations;
(v) require the department of housing and economic development to submit reports to the legislature it obtains from cellular and cellular technology companies;
(vi) set a schedule, dividing into smaller committees as warranted to meet objectives; (vii) invite testimony from other experts as useful; and
(viii) may accept public testimony.

The commission shall submit a report of its findings, or a series of reports, including any draft legislation and regulations, to the clerks of the house of representatives and the senate within 16 months of the passage of this act.

(b) Transparency. The commission’s meetings and communications shall be recorded and subject to the Massachusetts open meeting laws so as to be transparent.

(c) Formation and resources.The Office of the Governor shall organize and support the commission arrangements. The chairperson or chairpersons shall with the commission members set a meeting schedule. Commission members shall elect a chair by majority vote, who may be replaced at any time upon majority vote. If the commission members break into smaller committees, the same process shall apply. Commission member attendance and expert testimony by videoteleconference or telephone shall be allowed.

The commission shall be assisted by and have access to all the resources available to the legislature and the executive branch in its investigations.

(d) The commission shall have the following composition:

(a) The Attorney General or designee;
(b) A nominee of the Massachusetts Teachers Association or Boston Teachers Union;
(c) A nominee of the Massachusetts School Nurse 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 New England-based Community Action Works, formerly the Toxics Action Center;
(i) One pediatric doctor nominated by the Massachusetts Chapter of the American Academy of Pediatrics;
(j) One doctor nominated by the Greater Boston Physicians for Social Responsibility;
(k) One doctor or scientists nominated by the Environmental Health Trust [or Massachusetts Breast Cancer Coalition];
(l) One representative or lawyer nominated by the Massachusetts Jewish Alliance for Law and Social Action;
(m) 2 representatives nominated by the Massachusetts American Civil Liberties Union;
(n) 2 nominees from the Institute of Building Biology & Sustainable IBN
(o) A representative of the State House selected by the Speaker of the House;
(p) A senator of the State Senate selected by the President of the Senate;
(q) A representative of small business appointed by the governor;
(r) 3 non-voting members appointed by governor:
Telecommunications representative;
Medical system representative;
Engineer in wireless networks;
(s) 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.

(e) Conflicts of interest. No member, except a non-voting member, or spouse of voting member of the Commission shall have a history involving current telecommunications, energy, IT, or utility industry clients or job dependency; nor shall any voting member have a current investment portfolio with conflicts of interest in the areas of energy, telecommunications, IT, or utilities. No voting member or spouse of a voting member of the Commission shall receive funding or a job from telecommunications, energy, IT, or utility sectors in the two years following the commission’s final report. All commission members must file a statement detailing any relevant conflicts of interest as specified, including activities in relation to immediate family and extended family members. Copies must be freely available for viewing by the public. These statements must be filed with the Secretary of State during the commission period and in the two years following closure of the commission.

Chairmanship, legislative and policy decisions for reports to the Commonwealth shall be decided by vote only of all members with voting status.

Only members deemed voting members may author commission reports. Any commission member deemed a non-voting member shall recuse himself or herself from any commission votes to decide or influence the commission reports, and shall instead serve only to assist the commission. Any nominee with conflicts of interest intended as a voting member shall recuse himself or herself from nomination, except insofar as the nominee’s job represents a conflict of interest, is specified in subsection (d), and the individual is not described as non-voting.

MASSACHUSETTS STATE LEGISLATION IN DRAFT FOR 2021