Senate File 2235 - Introduced SENATE FILE 2235 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3062) 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 5229SV (2) 87 ec/rn
S.F. 2235 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, petroleum, refined petroleum products, 16 or chemical critical infrastructure, including any gas, 17 petroleum, or chemical-producing well, compressor station, 18 processing plant, storage and distribution facility, storage 19 tank, chemical truck or rail car, loading and unloading 20 area, chemical container storage, substation, pump station, 21 metering station, valve, regulator or meter, or transmission or 22 distribution main, line, or pipeline, that is used to generate, 23 store, control, monitor, transmit or deliver gas, chemicals, 24 oil, petroleum, refined product, fertilizer, or renewable fuel. 25 Gas, oil, petroleum, refined petroleum products, or chemical 26 critical infrastructure also includes any physical, electronic, 27 or computer implement that may control or monitor any component 28 of gas, oil, petroleum, refined petroleum products, and 29 chemical critical infrastructure. For the purposes of this 30 paragraph, “petroleum” means as defined in section 455B.471. 31 c. Telecommunications or broadband critical infrastructure, 32 including any structure, pedestal, x-box, cross-box, manhole, 33 handhold, splice point, antenna, cable, server, router, modem, 34 coupler, or any other property, that is used for the purpose 35 -1- LSB 5229SV (2) 87 ec/rn 1/ 4
S.F. 2235 of reception or transmission of telecommunications or radio or 1 broadband signals. Telecommunications or broadband critical 2 infrastructure also includes any other physical, electronic, or 3 computer implement that may control or monitor any component of 4 telecommunications or broadband critical infrastructure. 5 d. Transportation critical infrastructure, including 6 roadways, highways, bridges, tunnels, and associated 7 infrastructure; airports, control towers, communication 8 towers, and associated infrastructure; railroads, rail 9 segments, bridges, and associated infrastructure that support 10 either passenger or freight; transit systems not limited to 11 bus, light rail and people-mover systems, and associated 12 infrastructure; and intermodal facilities. Transportation 13 critical infrastructure also includes any associated physical, 14 electronic, or computer implement that may control or monitor 15 any component of transportation critical infrastructure. 16 e. Wastewater critical infrastructure, including any 17 lateral service line, collection line, manhole, trunk line, 18 storage tank, chemical storage, methane storage, laboratory, 19 pump station, or treatment plant. Wastewater critical 20 infrastructure also includes any physical, electronic, or 21 computer implement that may control or monitor any component of 22 wastewater critical infrastructure. 23 f. Water supply critical infrastructure, including any 24 public or private water supply system and all component 25 facilities thereof, body of water or aquifer used as a source 26 of water supply, water supply intake facilities, water supply 27 treatment facilities, treated water storage facilities, or 28 water supply distribution facilities. Water supply critical 29 infrastructure also includes any raw water intakes, wells, 30 pump stations, holding tanks, water towers, aquifer storage 31 and recovery systems, water mains, control valves, hydrants, 32 curb boxes, meter vaults, meters, distribution service lines, 33 treatment, filtration, or chlorination implements, or any 34 physical, electronic, or computer implement that may control or 35 -2- LSB 5229SV (2) 87 ec/rn 2/ 4
S.F. 2235 monitor any component of a water supply system. 1 2. “Critical infrastructure property” means property and 2 public utility property, both as defined in section 716.7, that 3 is considered critical infrastructure. 4 3. “Critical infrastructure sabotage” means any unauthorized 5 act that is intended to cause a substantial interruption 6 or impairment of service rendered to the public relating 7 to critical infrastructure property. However, “critical 8 infrastructure sabotage” does not include an accidental 9 interruption or impairment of service rendered to the public 10 caused by a person in the performance of the person’s work 11 duties. 12 Sec. 2. NEW SECTION . 716.12 Critical infrastructure 13 sabotage —— penalties. 14 A person committing critical infrastructure sabotage commits 15 a class “B” felony, and in addition to the provisions of 16 section 902.9, subsection 1, paragraph “b” , shall be punished by 17 a fine of not less than eighty-five thousand dollars nor more 18 than one hundred thousand dollars. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill creates the crime of critical infrastructure 23 sabotage. 24 The bill defines critical infrastructure property as 25 property and public utility property, both as defined in Code 26 section 716.7, that is considered critical infrastructure. The 27 bill defines critical infrastructure to include electrical 28 critical infrastructure, gas, oil, petroleum, refined 29 petroleum products, or chemical critical infrastructure, 30 telecommunications or broadband critical infrastructure, 31 transportation critical infrastructure, wastewater critical 32 infrastructure, and water supply critical infrastructure. The 33 bill additionally defines critical infrastructure sabotage 34 to mean any unauthorized act that is intended to cause a 35 -3- LSB 5229SV (2) 87 ec/rn 3/ 4
S.F. 2235 substantial interruption or impairment of service rendered to 1 the public relating to critical infrastructure property. The 2 bill provides that critical infrastructure sabotage does not 3 include any accidental interruption or impairment of service 4 rendered in the performance of the person’s work duties. The 5 bill provides that a person who commits critical infrastructure 6 sabotage commits a class “B” felony, punishable by confinement 7 for no more than 25 years. The bill also subjects a person who 8 commits critical infrastructure sabotage to a fine of not less 9 than $85,000 nor more than $100,000. 10 -4- LSB 5229SV (2) 87 ec/rn 4/ 4