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