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Senate File 2235 - IntroducedA Bill ForAn Act 1relating to criminal acts committed on or against
2critical infrastructure property and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 716.11 Critical infrastructure
2sabotage — definitions.
3Solely for purposes of this section and section 716.12,
4unless the context otherwise requires:
51. “Critical infrastructure” means any of the following:
6a. Electrical critical infrastructure, including any plant,
7maintenance facility, parts warehouse, yard, substation,
8transmission or delivery line, tower or pole with transmission
9or delivery lines affixed, transformer, or any implement that
10is used to generate, store, control, monitor, transmit or
11deliver electrical service. Electrical critical infrastructure
12also includes any supervisory control and data acquisition
13system, or other electronic or computer instrument, that
14may control or monitor any component of electrical critical
15infrastructure.
16b. Gas, oil, petroleum, refined petroleum products,
17or chemical critical infrastructure, including any gas,
18petroleum, or chemical-producing well, compressor station,
19processing plant, storage and distribution facility, storage
20tank, chemical truck or rail car, loading and unloading
21area, chemical container storage, substation, pump station,
22metering station, valve, regulator or meter, or transmission or
23distribution main, line, or pipeline, that is used to generate,
24store, control, monitor, transmit or deliver gas, chemicals,
25oil, petroleum, refined product, fertilizer, or renewable fuel.
26Gas, oil, petroleum, refined petroleum products, or chemical
27critical infrastructure also includes any physical, electronic,
28or computer implement that may control or monitor any component
29of gas, oil, petroleum, refined petroleum products, and
30chemical critical infrastructure. For the purposes of this
31paragraph, “petroleum” means as defined in section 455B.471.
32c. Telecommunications or broadband critical infrastructure,
33including any structure, pedestal, x-box, cross-box, manhole,
34handhold, splice point, antenna, cable, server, router, modem,
35coupler, or any other property, that is used for the purpose
-1-1of reception or transmission of telecommunications or radio or
2broadband signals. Telecommunications or broadband critical
3infrastructure also includes any other physical, electronic, or
4computer implement that may control or monitor any component of
5telecommunications or broadband critical infrastructure.
6d. Transportation critical infrastructure, including
7roadways, highways, bridges, tunnels, and associated
8infrastructure; airports, control towers, communication
9towers, and associated infrastructure; railroads, rail
10segments, bridges, and associated infrastructure that support
11either passenger or freight; transit systems not limited to
12bus, light rail and people-mover systems, and associated
13infrastructure; and intermodal facilities. Transportation
14critical infrastructure also includes any associated physical,
15electronic, or computer implement that may control or monitor
16any component of transportation critical infrastructure.
17e. Wastewater critical infrastructure, including any
18lateral service line, collection line, manhole, trunk line,
19storage tank, chemical storage, methane storage, laboratory,
20pump station, or treatment plant. Wastewater critical
21infrastructure also includes any physical, electronic, or
22computer implement that may control or monitor any component of
23wastewater critical infrastructure.
24f. Water supply critical infrastructure, including any
25public or private water supply system and all component
26facilities thereof, body of water or aquifer used as a source
27of water supply, water supply intake facilities, water supply
28treatment facilities, treated water storage facilities, or
29water supply distribution facilities. Water supply critical
30infrastructure also includes any raw water intakes, wells,
31pump stations, holding tanks, water towers, aquifer storage
32and recovery systems, water mains, control valves, hydrants,
33curb boxes, meter vaults, meters, distribution service lines,
34treatment, filtration, or chlorination implements, or any
35physical, electronic, or computer implement that may control or
-2-1monitor any component of a water supply system.
22. “Critical infrastructure property” means property and
3public utility property, both as defined in section 716.7, that
4is considered critical infrastructure.
53. “Critical infrastructure sabotage” means any unauthorized
6act that is intended to cause a substantial interruption
7or impairment of service rendered to the public relating
8to critical infrastructure property. However, “critical
9infrastructure sabotage” does not include an accidental
10interruption or impairment of service rendered to the public
11caused by a person in the performance of the person’s work
12duties.
13 Sec. 2. NEW SECTION. 716.12 Critical infrastructure
14sabotage — penalties.
15A person committing critical infrastructure sabotage commits
16a class “B” felony, and in addition to the provisions of
17section 902.9, subsection 1, paragraph “b”, shall be punished by
18a fine of not less than eighty-five thousand dollars nor more
19than one hundred thousand dollars.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill creates the crime of critical infrastructure
24sabotage.
25The bill defines critical infrastructure property as
26property and public utility property, both as defined in Code
27section 716.7, that is considered critical infrastructure. The
28bill defines critical infrastructure to include electrical
29critical infrastructure, gas, oil, petroleum, refined
30petroleum products, or chemical critical infrastructure,
31telecommunications or broadband critical infrastructure,
32transportation critical infrastructure, wastewater critical
33infrastructure, and water supply critical infrastructure. The
34bill additionally defines critical infrastructure sabotage
35to mean any unauthorized act that is intended to cause a
-3-1substantial interruption or impairment of service rendered to
2the public relating to critical infrastructure property. The
3bill provides that critical infrastructure sabotage does not
4include any accidental interruption or impairment of service
5rendered in the performance of the person’s work duties. The
6bill provides that a person who commits critical infrastructure
7sabotage commits a class “B” felony, punishable by confinement
8for no more than 25 years. The bill also subjects a person who
9commits critical infrastructure sabotage to a fine of not less
10than $85,000 nor more than $100,000.
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2critical infrastructure property and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 716.11 Critical infrastructure
2sabotage — definitions.
3Solely for purposes of this section and section 716.12,
4unless the context otherwise requires:
51. “Critical infrastructure” means any of the following:
6a. Electrical critical infrastructure, including any plant,
7maintenance facility, parts warehouse, yard, substation,
8transmission or delivery line, tower or pole with transmission
9or delivery lines affixed, transformer, or any implement that
10is used to generate, store, control, monitor, transmit or
11deliver electrical service. Electrical critical infrastructure
12also includes any supervisory control and data acquisition
13system, or other electronic or computer instrument, that
14may control or monitor any component of electrical critical
15infrastructure.
16b. Gas, oil, petroleum, refined petroleum products,
17or chemical critical infrastructure, including any gas,
18petroleum, or chemical-producing well, compressor station,
19processing plant, storage and distribution facility, storage
20tank, chemical truck or rail car, loading and unloading
21area, chemical container storage, substation, pump station,
22metering station, valve, regulator or meter, or transmission or
23distribution main, line, or pipeline, that is used to generate,
24store, control, monitor, transmit or deliver gas, chemicals,
25oil, petroleum, refined product, fertilizer, or renewable fuel.
26Gas, oil, petroleum, refined petroleum products, or chemical
27critical infrastructure also includes any physical, electronic,
28or computer implement that may control or monitor any component
29of gas, oil, petroleum, refined petroleum products, and
30chemical critical infrastructure. For the purposes of this
31paragraph, “petroleum” means as defined in section 455B.471.
32c. Telecommunications or broadband critical infrastructure,
33including any structure, pedestal, x-box, cross-box, manhole,
34handhold, splice point, antenna, cable, server, router, modem,
35coupler, or any other property, that is used for the purpose
-1-1of reception or transmission of telecommunications or radio or
2broadband signals. Telecommunications or broadband critical
3infrastructure also includes any other physical, electronic, or
4computer implement that may control or monitor any component of
5telecommunications or broadband critical infrastructure.
6d. Transportation critical infrastructure, including
7roadways, highways, bridges, tunnels, and associated
8infrastructure; airports, control towers, communication
9towers, and associated infrastructure; railroads, rail
10segments, bridges, and associated infrastructure that support
11either passenger or freight; transit systems not limited to
12bus, light rail and people-mover systems, and associated
13infrastructure; and intermodal facilities. Transportation
14critical infrastructure also includes any associated physical,
15electronic, or computer implement that may control or monitor
16any component of transportation critical infrastructure.
17e. Wastewater critical infrastructure, including any
18lateral service line, collection line, manhole, trunk line,
19storage tank, chemical storage, methane storage, laboratory,
20pump station, or treatment plant. Wastewater critical
21infrastructure also includes any physical, electronic, or
22computer implement that may control or monitor any component of
23wastewater critical infrastructure.
24f. Water supply critical infrastructure, including any
25public or private water supply system and all component
26facilities thereof, body of water or aquifer used as a source
27of water supply, water supply intake facilities, water supply
28treatment facilities, treated water storage facilities, or
29water supply distribution facilities. Water supply critical
30infrastructure also includes any raw water intakes, wells,
31pump stations, holding tanks, water towers, aquifer storage
32and recovery systems, water mains, control valves, hydrants,
33curb boxes, meter vaults, meters, distribution service lines,
34treatment, filtration, or chlorination implements, or any
35physical, electronic, or computer implement that may control or
-2-1monitor any component of a water supply system.
22. “Critical infrastructure property” means property and
3public utility property, both as defined in section 716.7, that
4is considered critical infrastructure.
53. “Critical infrastructure sabotage” means any unauthorized
6act that is intended to cause a substantial interruption
7or impairment of service rendered to the public relating
8to critical infrastructure property. However, “critical
9infrastructure sabotage” does not include an accidental
10interruption or impairment of service rendered to the public
11caused by a person in the performance of the person’s work
12duties.
13 Sec. 2. NEW SECTION. 716.12 Critical infrastructure
14sabotage — penalties.
15A person committing critical infrastructure sabotage commits
16a class “B” felony, and in addition to the provisions of
17section 902.9, subsection 1, paragraph “b”, shall be punished by
18a fine of not less than eighty-five thousand dollars nor more
19than one hundred thousand dollars.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill creates the crime of critical infrastructure
24sabotage.
25The bill defines critical infrastructure property as
26property and public utility property, both as defined in Code
27section 716.7, that is considered critical infrastructure. The
28bill defines critical infrastructure to include electrical
29critical infrastructure, gas, oil, petroleum, refined
30petroleum products, or chemical critical infrastructure,
31telecommunications or broadband critical infrastructure,
32transportation critical infrastructure, wastewater critical
33infrastructure, and water supply critical infrastructure. The
34bill additionally defines critical infrastructure sabotage
35to mean any unauthorized act that is intended to cause a
-3-1substantial interruption or impairment of service rendered to
2the public relating to critical infrastructure property. The
3bill provides that critical infrastructure sabotage does not
4include any accidental interruption or impairment of service
5rendered in the performance of the person’s work duties. The
6bill provides that a person who commits critical infrastructure
7sabotage commits a class “B” felony, punishable by confinement
8for no more than 25 years. The bill also subjects a person who
9commits critical infrastructure sabotage to a fine of not less
10than $85,000 nor more than $100,000.
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