March 5th, 2019 - Senate Bill Targets Water Protectors

March 1, 2019 North Dakota

“Senate Bill 2044 increases criminal penalties for people who damage, deface, tamper with, impede, or inhibit the construction of or operation of “critical infrastructure”. The bill defines “critical infrastructure” as mainly fossil fuel infrastructure, like pipelines, power stations, or oil wells etc. The bill also has a conspirator clause, which holds organizations liable for civil fines if the organization is determined to have conspired with the person responsible for doing an illegal act on a piece of “critical infrastructure.” Nicole Montclair-Donaghy

Polluter Watch reports

Lawmakers in several states are introducing bills that would increase criminal penalties for people who trespass “critical infrastructure” facilities, such as oil and gas pipelines, power plants, and petrochemical refineries.

According to many of these legislators, these bills are a reaction to widespread protests of oil and gas infrastructure. Some of the protests have captured the nation’s attention, such as the indigenous-led protests at Standing Rock in North Dakota and in Iowa against the Dakota Access Pipeline, opposition to the Keystone XL pipeline from Nebraska to Texas, protests of the Bayou Bridge pipeline in Louisiana, and opposition to several pipeline projects in Pennsylvania. Five states have enacted some form of these bills into law: North Dakota, South Dakota, Oklahoma, Iowa, and Louisiana.

This effort to add felony-level penalties to peaceful protestors does not appear to be in reaction from the constituents of the politicians sponsoring such legislation. In contrast, there is much evidence of coordinated pressure from the oil and gas industry, electric utilities, and chemical companies.

Many of these bills are virtually identical. Several companies and lobbying organizations used groups like the American Legislative Exchange Council (ALEC) and the Council of State Governments (CSG) to put these policies into the hands of legislators. These model “critical infrastructure” anti-protest bills adopted by ALEC and by CSG would allow prosecutors to impose large fines and felonies, not only on individuals who are arrested, but organizations that are deemed to be supporting those individuals.

Offenses such as vandalism and violence are already illegal in these states and grounds for prosecution. Nonviolent offenses, like trespassing, are also already illegal in these states. People arrested for protesting oil and gas infrastructure–before these “critical infrastructure” bills became law in several states–already faced severe legal threats. Many people were jailed, imprisoned, and fined for nonviolent activities that occurred during protests of petrochemical pipelines.

The following pages assemble a variety of information on these state bills, and the model bills, organized by state, and then in reverse chronological order. This research is an attempt to measure how polluting companies are using a combination of lobbying, state legislative consortiums, and campaign cash to afford extra legal enforcement against protests of oil, gas, and electric infrastructure. Greenpeace relied heavily on the US Protest Law Tracker, published by the International Center for Not-For-Profit Law (ICNL).

OIL & GAS INFRASTRUCTURE ANTI-PROTEST BILLS, BY STATE:

OIL & GAS INFRASTRUCTURE ANTI-PROTEST BILLS, PRESENT TO PAST:

2019:

Feb 12, 2019: Ohio SB 33 introduced. (see Ohio Oil & Gas Infrastructure anti-protest bills)

Feb 12, 2019: Idaho SB 1090 introduced. (see Idaho Oil & Gas Infrastructure anti-protest bills)

Feb. 11, 2019: Mississippi SB 2754 passed in Senate (see Mississippi Oil & Gas Infrastructure anti-protest bills)

Feb. 7, 2019: Indiana SB 471 passed in Senate. (see Indiana Oil & Gas Infrastructure anti-protest bills)

Feb. 7, 2019: Illinois SB 1304 introduced. (see Illinois Oil & Gas Infrastructure anti-protest bills)

Feb. 4, 2019: Wyoming HB 10 died in committee. (see Wyoming Oil & Gas Infrastructure anti-protest bills)

Jan. 31, 2019: Illinois HB 1633 introduced. (see Illinois Oil & Gas Infrastructure anti-protest bills)

Jan. 23, 2019: Missouri SB 293 introduced. (see Missouri Oil & Gas Infrastructure anti-protest bills)

Jan. 19, 2019: Mississippi SB 2754 introduced. (see Mississippi Oil & Gas Infrastructure anti-protest bills)

Jan 17, 2019: Pennsylvania Senators announced they will reintroduce SB 652. (see Pennsylvania Oil & Gas Infrastructure anti-protest bills)

Jan. 14, 2019: Indiana SB 471 introduced. (see Indiana Oil & Gas Infrastructure anti-protest bills)

Jan. 3, 2019: North Dakota SB 2044 introduced. (see North Dakota Oil & Gas Infrastructure anti-protest bills)

2018:

Dec. 6, 2018: Ohio SB 250 passed Senate, then died in House committee. (see Ohio Oil & Gas Infrastructure anti-protest bills)

Oct. 10, 2018: Pennsylvania SB 652 died in House committee. (see Pennsylvania Oil & Gas Infrastructure anti-protest bills)

Aug. 8, 2018: Louisiana Act 692 (HB 727) officially went into effect. (see Louisiana Oil & Gas Infrastructure anti-protest bills)

Jun. 13, 2018: Pennsylvania SB 652 referred to House committee. (see Pennsylvania Oil & Gas Infrastructure anti-protest bills)

May 30, 2018: Louisiana HB 727 signed by Governor as Act 692. (see Louisiana Oil & Gas Infrastructure anti-protest bills)

May 30, 2018: Minnesota SF 3463 vetoed by governor. (see Minnesota Oil & Gas Infrastructure anti-protest bills)

May 23, 2018: Pennsylvania SB 652 passed in Senate. (see Pennsylvania Oil & Gas Infrastructure anti-protest bills)

May 9, 2018: Minnesota HB 3693 postponed and folded into SF 3463. (see Minnesota Oil & Gas Infrastructure anti-protest bills)

Apr. 17, 2018: Iowa SB 2235 signed by governor, became law. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Mar. 27, 2018: Iowa HF 2349 withdrawn, folded into SB 2235. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Mar. 26, 2018: Louisiana HB 727 introduced. (see Louisiana Oil & Gas Infrastructure anti-protest bills)

Mar. 15, 2018: Minnesota SF 3463 introduced (see Minnesota Oil & Gas Infrastructure anti-protest bills)

Mar. 15, 2018: Wyoming SF 74 vetoed by governor. (see Wyoming Oil & Gas Infrastructure anti-protest bills)

Mar. 12, 2018: Minnesota HB 3693 introduced. (see Minnesota Oil & Gas Infrastructure anti-protest bills)

Feb. 19, 2018: Wyoming SF 74 introduced. (see Wyoming Oil & Gas Infrastructure anti-protest bills)

Feb. 16, 2018: Iowa HF 2349 introduced, replacing HSB 603 and SSB 3062. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Feb. 12, 2018: Iowa SB 2235 introduced. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Jan. 31, 2018: Iowa HSB 603 introduced. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Jan. 24, 2018: Ohio SB 250 introduced. (see Ohio Oil & Gas Infrastructure anti-protest bills)

Jan. 23, 2018: Iowa SSB 3062 introduced. (see Iowa Oil & Gas Infrastructure anti-protest bills)

Jan. 20, 2018: ALEC board approves model bill. (see American Legislative Exchange Council ALEC Model Bill: Critical Infrastructure Protection Act)

2017:

Dec. 15, 2017: Council of State Governments model bill adopted. (see Council of State Governments CSG Model Bill: Trespassing, Interference, and Destruction of Critical Infrastructure)

Dec. 7, 2017: ALEC model bill considered internally at ALEC meeting. (see American Legislative Exchange Council ALEC Model Bill: Critical Infrastructure Protection Act)

May 15, 2017: Oklahoma HB 2128 signed by governor, became law. (see Oklahoma Oil & Gas Infrastructure anti-protest bills)

May 3, 2017: Oklahoma HB 1123 signed by governor, became law. (see Oklahoma Oil & Gas Infrastructure anti-protest bills)

Apr. 25, 2017: Pennsylvania SB 652 introduced. (see Pennsylvania Oil & Gas Infrastructure anti-protest bills)

Apr. 12, 2017: Colorado SB 17-035 died in House committee. (see Colorado Oil & Gas Infrastructure anti-protest bills)

Mar. 28, 2017: Georgia SB1 died in committee. (see Georgia Oil & Gas Infrastructure anti-protest bills)

Mar. 27, 2017: South Dakota SB 176 signed by governor, became law. (see South Dakota Oil & Gas Infrastructure anti-protest bills)

Feb. 28, 2017: Colorado SB 17-035 approved by Senate. (see Colorado Oil & Gas Infrastructure anti-protest bills)

Feb. 23, 2017: North Dakota HB 1293 signed into law by governor, became law. (see North Dakota Oil & Gas Infrastructure anti-protest bills)

Feb. 6, 2017: Oklahoma HB 2128 introduced. (see Oklahoma Oil & Gas Infrastructure anti-protest bills)

Feb. 6, 2017: Oklahoma HB 1123 introduced. (see Oklahoma Oil & Gas Infrastructure anti-protest bills)

Feb. 3, 2017: South Dakota SB 176 introduced. (see South Dakota Oil & Gas Infrastructure anti-protest bills)

Jan. 12, 2017: North Dakota HB 1293 introduced. (see North Dakota Oil & Gas Infrastructure anti-protest bills)

Jan. 11, 2017: Colorado SB 17-035 introduced. (see Colorado Oil & Gas Infrastructure anti-protest bills)

Jan. 1, 2017: Georgia SB1 introduced. (see Georgia Oil & Gas Infrastructure anti-protest bills)

2016:

Dec. 16, 2016: Washington SB 5009 pre-filed. (see Washington Oil & Gas Infrastructure anti-protest bills)

Dec. 8, 2016: Michigan HB 4643 referred to Senate, where the bill died. (see Michigan Oil & Gas Infrastructure anti-protest bills)

Dec. 7, 2016: Michigan HB 4643 approved by House. (see Michigan Oil & Gas Infrastructure anti-protest bills)

2015:

May 26, 2015: Michigan HB 4643 introduced. (see Michigan Oil & Gas Infrastructure anti-protest bills)

2006:

Council of State Governments adpoted “Unauthorized Entry of a Critical Infrastructure” model bill. (see Council of State Governments CSG Model Bill: Trespassing, Interference, and Destruction of Critical Infrastructure)

2004:

June 10, 2004: Louisiana Act 157 signed into law by Governor Kathleen Blanco (see Louisiana Oil & Gas Infrastructure anti-protest bills)

Last Real IndiansMarch 5, 2019