1. (1) As used in this section, “critical infrastructure facility” means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

   1. (a) A petroleum or alumina refinery;
   2. (b) An electrical power generating facility, substation, switching station or electrical control center;
   3. (c) A chemical, polymer or rubber manufacturing facility;
   4. (d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;
   5. (e) A natural gas compressor station;
   6. (f) A liquid natural gas terminal or storage facility;
   7. (g) A telecommunications central switching office;
   8. (h) A port, railroad switching yard, trucking terminal or other freight transportation facility;
   9. (i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;
   10. (j) A transmission facility used by a federally licensed radio or television station;
   11. (k) A steelmaking facility that uses an electric arc furnace to make steel;
   12. (L) A dam that is classified as a high hazard by the Water Resources Department;
   13. (m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or
   14. (n) A correctional facility or law enforcement facility.

2. (2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

   1. (a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or
   2. (b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

3. (3) This section does not apply to:

   1. (a) The federal government.
   2. (b) A public body.
   3. (c) A law enforcement agency.
   4. (d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.
   5. (e) An owner or operator of the critical infrastructure facility.
   6. (f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.
   7. (g) The owner or occupant of the property on which the critical infrastructure facility is located.
   8. (h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.
   9. (i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

Note: See note under 837.300.

[2016 c.72 §13]