Senate Study Bill 3062 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT BILL) A BILL FOR An Act relating to criminal acts committed on or against 1 critical infrastructure property and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5229XD (9) 87 ec/rn
S.F. _____ H.F. _____ Section 1. NEW SECTION . 716.11 Critical infrastructure 1 sabotage —— definitions. 2 Solely for purposes of this section and section 716.12, 3 unless the context otherwise requires: 4 1. “Critical infrastructure” means any of the following: 5 a. Electrical critical infrastructure, including any plant, 6 maintenance facility, parts warehouse, yard, substation, 7 transmission or delivery line, tower or pole with transmission 8 or delivery lines affixed, transformer, or any implement that 9 is used to generate, store, control, monitor, transmit or 10 deliver electrical service. Electrical critical infrastructure 11 also includes any supervisory control and data acquisition 12 system, or other electronic or computer instrument, that 13 may control or monitor any component of electrical critical 14 infrastructure. 15 b. Gas, oil, refined petroleum products, or 16 chemical critical infrastructure, including any gas or 17 chemical-producing well, compressor station, processing plant, 18 storage and distribution facility, storage tank, chemical truck 19 or rail car, loading and unloading area, chemical container 20 storage, substation, pump station, metering station, valve, 21 regulator or meter, or transmission or distribution main, 22 line, or pipeline, that is used to generate, store, control, 23 monitor, transmit or deliver gas, chemicals, oil, petroleum, 24 refined product, fertilizer, or renewable fuel. Gas, oil, 25 refined petroleum products, or chemical critical infrastructure 26 also includes any physical, electronic, or computer implement 27 that may control or monitor any component of gas, oil, refined 28 petroleum products, and chemical critical infrastructure. 29 c. Telecommunications or broadband critical infrastructure, 30 including any structure, pedestal, x-box, cross-box, manhole, 31 handhold, splice point, antenna, cable, server, router, modem, 32 coupler, or any other property, that is used for the purpose 33 of reception or transmission of telecommunications or radio or 34 broadband signals. Telecommunications or broadband critical 35 -1- LSB 5229XD (9) 87 ec/rn 1/ 3
S.F. _____ H.F. _____ infrastructure also includes any other physical, electronic, or 1 computer implement that may control or monitor any component of 2 telecommunications or broadband critical infrastructure. 3 d. Wastewater critical infrastructure, including any 4 lateral service line, collection line, manhole, trunk line, 5 storage tank, chemical storage, methane storage, laboratory, 6 pump station, or treatment plant. Wastewater critical 7 infrastructure also includes any physical, electronic, or 8 computer implement that may control or monitor any component of 9 wastewater critical infrastructure. 10 e. Water supply critical infrastructure, including any 11 public or private water supply system and all component 12 facilities thereof, body of water or aquifer used as a source 13 of water supply, water supply intake facilities, water supply 14 treatment facilities, treated water storage facilities, or 15 water supply distribution facilities. Water supply critical 16 infrastructure also includes any raw water intakes, wells, 17 pump stations, holding tanks, water towers, aquifer storage 18 and recovery systems, water mains, control valves, hydrants, 19 curb boxes, meter vaults, meters, distribution service lines, 20 treatment, filtration, or chlorination implements, or any 21 physical, electronic, or computer implement that may control or 22 monitor any component of a water supply system. 23 2. “Critical infrastructure property” means property and 24 public utility property, both as defined in section 716.7, that 25 is considered critical infrastructure. 26 3. “Critical infrastructure sabotage” means any unauthorized 27 act that is intended to or does in fact cause a substantial 28 interruption or impairment of service rendered to the public 29 relating to critical infrastructure property. 30 Sec. 2. NEW SECTION . 716.12 Critical infrastructure 31 sabotage —— penalties. 32 A person committing critical infrastructure sabotage commits 33 a class “B” felony, and in addition to the provisions of 34 section 902.9, subsection 1, paragraph “b” , shall be punished by 35 -2- LSB 5229XD (9) 87 ec/rn 2/ 3
S.F. _____ H.F. _____ a fine of one hundred thousand dollars. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill creates the crime of critical infrastructure 5 sabotage. 6 The bill defines critical infrastructure property as 7 property and public utility property, both as defined in Code 8 section 716.7, that is considered critical infrastructure. The 9 bill defines critical infrastructure to include electrical 10 critical infrastructure, gas, oil, refined petroleum products, 11 or chemical critical infrastructure, telecommunications 12 or broadband critical infrastructure, wastewater critical 13 infrastructure, and water supply critical infrastructure. The 14 bill additionally defines critical infrastructure sabotage 15 to mean any unauthorized act that is intended to or does in 16 fact cause a substantial interruption or impairment of service 17 rendered to the public relating to critical infrastructure 18 property. The bill provides that a person who commits critical 19 infrastructure sabotage commits a class “B” felony, punishable 20 by confinement for no more than 25 years. The bill also 21 subjects a person who commits critical infrastructure sabotage 22 to a fine of $100,000. 23 -3- LSB 5229XD (9) 87 ec/rn 3/ 3