SB 683: New penalties for protests near pipelines and other infrastructure

Would create several new criminal offenses that could cover fossil fuel protesters and protest organizers. Under the bill, “conspir[ing] with another person” to trespass onto “critical infrastructure” property would be a third-degree misdemeanor, punishable by up to one year in jail and a minimum $5,000 fine. The bill defines “critical infrastructure” broadly to include a range of posted or fenced-off areas containing facilities for gas and oil production, storage, and distribution, including above- and belowground pipelines, as well as a number of electric, water, telecommunications, and other utilities—whether in operation or under construction. As such, under the bill, planning a protest that would enter onto a pipeline construction site would be a crime punishable by up to a year in jail, even if the protest never takes place. Actually trespassing onto a pipeline construction site or other “critical infrastructure” property would likewise be punishable by up to a year in jail, under the bill, and doing so with intent to “vandalize, deface, tamper with equipment or impede or inhibit operations” would be a third-degree felony, punishable by up to three years in prison. As the bill does not further define “impede or inhibit,” a protest that entered onto a pipeline construction site with the goal of even fleetingly delaying construction could seemingly be covered by the felony offense. Willfully “vandalizing” or “defacing” “critical infrastructure,” or conspiring to do so, would be a third-degree felony as well. The bill further provides that the owner of “critical infrastructure” may sue anyone who is convicted of or merely arrested for an offense under the bill and claim damages for any harm to property, “including damages to pipeline construction."

Status: pending

Introduced 28 Apr 2025.

Issue(s): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass