Bill banning sabotage of pipelines, 'critical infrastructure' passes Iowa Senate

Criminal convictions for sabotage of Iowa pipelines, telecommunications facilities, water treatment plants and other critical infrastructure could result in a long prison sentence and a hefty fine under a bill approved Wednesday night by the Iowa Senate.

Senate File 2235, proposed by the Iowa Department of Homeland Security and Emergency Management, is being pursued in the wake of millions of dollars in damage inflicted by protesters on Iowa sections of the Dakota Access Pipeline, prior to the crude oil pipeline becoming operational last year across Iowa and three other states.

The bill passed on a 33-16 vote after a heated debate, sending it to the House, where a companion bill is being considered.

The legislation would create the crime of critical infrastructure sabotage as a Class B felony. It would be punishable by up to 25 years in prison and a fine of between $85,000 and $100,000.

The bill defines critical infrastructure sabotage as any unauthorized act intended to cause substantial interruption or impairment of service rendered to the public relating to critical infrastructure property.

Sen. Robert Hogg, D-Cedar Rapids, argued against the bill, saying it represented "extraordinary overbreadth." He said could result in nonviolent protesters being prosecuted for circumstances that simply represented trespassing and a "bare intention."

Hogg unsuccessfully offered amendments to soften the bill, including an amendment that would have exempted from the Class B felony requirements situations which did not result in physical injury or property damage. Another amendment that failed would have exempted a person protesting eminent domain while on their own property.

"We want to make sure that we are applying appropriate criminal penalties for the consequences of the conduct. Don't turn every protester into a Class B felon. This is an extraordinarily chilling bill to peoples' freedom," Hogg said.

Sen. Tom Shipley, R-Nodaway, the bill's floor manager, defended the legislation.

"This addresses the high level of crime that many of us are concerned about," he said.

But Sen. Herman Quirmbach, D-Ames, said all the criminal acts described in the legislation are already covered by Iowa law.

"This bill is about helping the big pipeline companies slap back at the pipeline protesters," Quirmbach said, adding he stands with farmers and other property who fought the use of eminent domain to seize their land for the Dakota Access Pipeline project.

Shipley argued otherwise, saying the legislation simply says that if someone meets the specific elements of the crime of infrastructure sabotage, they have committed the crime.

"If you don't, you have committed nothing at all," he said.

The bill was amended in a Senate subcommittee to avoid prosecuting people involved in accidents, such as a car crashing into a utility pole. In addition, an amendment approved Wednesday night would make it clear that farmers engaged in ordinary agricultural work could not be targeted for prosecution.

Officials said state law currently allows criminal charges for terrorism, arson, burglary and criminal mischief. However, these charges do not specifically include "critical infrastructure," and operators of these facilities want criminal charges appropriate for such actions.

Hundreds of Iowans protested the construction of the Dakota Access Pipeline, and many were arrested in demonstrations along the pipeline route over the past two years. Most protests were peaceful, but some were intended to delay the completion of pipeline project.

In addition, two activists claimed responsibility in July 2017 for repeatedly damaging the Dakota Access Pipeline with oxyacetylene cutting torches to damage exposed, empty pipeline valves while the project was under construction in late 2016 and in 2017. However, no criminal charges have been filed to date against the two activists.

Ed Fallon of Des Moines, a former state legislator with the Bold Iowa activist group, said he considers the legislation an effort by "Big Oil" to silence dissent against pipeline projects. A lobbyist for Energy Transfer, the developer of the Dakota Access Pipeline, testified at a Senate subcommittee in support of the proposal.

“This is legislative extremism at its worst. The bill’s backers want you to believe this is about cracking down on arson and vandalism," Fallon said. "But the hundreds of pipeline protests who were peaceful, nonviolent and didn’t engage in property destruction could be accused of interrupting service under this bill and subject to insane consequences.”

Lobbyists registered in support of the bill include a host of other businesses and entities, including Iowa Association of Business and Industry, CenturyLink, Magellan Midstream Partners, Iowa Association of Electric Cooperatives and others. The Iowa chapter of the Sierra Club is opposed.