Senate File 2235 - Reprinted SENATE FILE 2235 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3062) (As Amended and Passed by the Senate February 21, 2018 ) A BILL FOR An Act relating to criminal acts committed on or against 1 critical infrastructure and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2235 (3) 87 ec/rn/jh
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- SF 2235 (3) 87 ec/rn/jh 1/ 3
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- SF 2235 (3) 87 ec/rn/jh 2/ 3
S.F. 2235 monitor any component of a water supply system. 1 g. Any land, building, conveyance, or other temporary or 2 permanent structure whether publicly or privately owned, that 3 contains, houses, supports, or is appurtenant to any critical 4 infrastructure as described in paragraphs “a” through “f” of 5 this subsection. 6 2. “Critical infrastructure sabotage” means any unauthorized 7 act that is intended to cause a substantial interruption or 8 impairment of service rendered to the public relating to 9 critical infrastructure. However, “critical infrastructure 10 sabotage” does not include an accidental interruption or 11 impairment of service rendered to the public caused by a 12 person in the performance of the person’s work duties. In 13 addition, “critical infrastructure sabotage” does not include 14 any condition or activity related to the production of farm 15 products as defined in section 554.9102, including but not 16 limited to the discharge of agricultural stormwater; the 17 construction or use of soil or water quality conservation 18 practices or structures; the preparation of agricultural land 19 and the raising, harvesting, drying, or storage of agricultural 20 crops; the application of fertilizer as defined in section 21 200.3, pesticides as defined in section 206.2, or manure 22 as defined in section 459.102; the installation and use of 23 agricultural drainage tile and systems; the construction, 24 operation, or management of an animal feeding operation as 25 defined in section 459.102; and the care, feeding, or watering 26 of livestock. 27 Sec. 2. NEW SECTION . 716.12 Critical infrastructure 28 sabotage —— penalties. 29 A person committing critical infrastructure sabotage commits 30 a class “B” felony, and in addition to the provisions of 31 section 902.9, subsection 1, paragraph “b” , shall be punished by 32 a fine of not less than eighty-five thousand dollars nor more 33 than one hundred thousand dollars. 34 -3- SF 2235 (3) 87 ec/rn/jh 3/ 3