Critical Infrastructure Protection Bill passes out of committee
Last Friday, the Senate Energy and Natural Resources Committee voted 6-0 to recommend a “Do Pass” on Senate Bill 2044. This legislation provides stronger deterrents for damaging critical infrastructure facilities in our state. The language in the bill amends state law to better define that is illegal to willfully tamper with or damage energy facilities and other infrastructure and provides several definitions to a list of facilities qualify as “critical infrastructure facilities” under the North Dakota Century Code.
Some of the critical infrastructure facilities listed in the bill are ubiquitous to the landscape of North Dakota. They include a refinery, electrical power generating facility, natural gas processing plant or compressor station, wireless telecommunications infrastructure, railroad track and crude oil storage facility including valve sites.
SB2044 also amends current law surrounding what would constitute a criminal charge for tampering with or damaging a critical infrastructure facility or public service. The language states that a person may not cause a substantial interruption or impairment of a critical infrastructure facility by damaging, destroying, vandalizing, defacing or tampering with the operations, equipment or the repair of a critical infrastructure facility.
The bill states that if an organization is found to be a conspirator with an individual who has pleaded guilty or been found guilty of a criminal charge under this legislation, the court must assess on the conspiring organization a fine equivalent to the penalty for each individual who has pled guilty or been convicted under subsection 1. This fine is not to exceed a total of one hundred thousand dollars.
It is important to note that there is also a provision to protect the first amendment rights of dissenters, as the bill language states that “may not be construed to prevent or prohibit lawful assembly and peaceful and orderly petition for the redress of grievances, including a labor dispute between an employer and its employee.”
Overall, this legislation is designed to prevent future incidents that could result in major economic, social and environmental catastrophes. The bill passed off the Senate floor today on a vote of 42-3.