Montana Code Annotated 2023

TITLE 82. MINERALS, OIL, AND GAS

CHAPTER 1. GENERAL PROVISIONS

Part 6. Critical Infrastructure Facility -- Trespass

Definitions

82-1-601. Definitions. As used in 82-1-601 through 82-1-604, the following definitions apply:

(1) "Critical infrastructure" means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of the systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

(2) "Critical infrastructure facility" means:

(a) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without site authorization:

(i) a petroleum or alumina refinery;

(ii) an electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment infrastructure;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station, including but not limited to pipeline interconnections, a city gate or town border station, a metering station, aboveground piping, and a regulation station and natural gas storage facility;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office;

(viii) wireless telecommunications infrastructure;

(ix) a port, railroad switching yard, railroad tracks, trucking terminal, or other freight transportation facility;

(x) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

(xi) a transmission facility used by a federally licensed radio or television station;

(xii) a steelmaking facility that uses an electric arc furnace to make steel;

(xiii) a facility identified and regulated by the United States department of homeland security chemical facility anti-terrorism standards program;

(xiv) a dam that is regulated by the state, the federal government, or a tribal government;

(xv) a natural gas distribution utility facility, including but not limited to pipeline interconnections, a city gate or town border station, a metering station, aboveground piping, a regular station, and a natural gas storage facility;

(xvi) aboveground oil, gas, hazardous liquid, and chemical pipelines;

(xvii) aboveground portions of an oil or natural gas well and associated production facilities;

(xviii) aboveground portions of a mineral or metal mining facility;

(xix) correctional facilities;

(xx) cable television infrastructure, including headends, poles, cable television lines, coaxial and fiber optic lines, and other equipment attached to cable television lines;

(xxi) military installations, including but not limited to training areas and armories; and

(xxii) a crude oil, inclusive of Y-grade or natural gas liquids, or a refined products storage and distribution facility, including but not limited to a value site, pipeline interconnection, pump station, metering station, below or aboveground pipeline or piping, and truck loading or offloading facility;

(b) a facility for the construction of a location listed in subsection (2)(a); or

(c) a below or aboveground portion of an oil, gas, hazardous liquid, or chemical transmission or distribution pipeline, tank, railroad facility, or other facility that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without site authorization.

(3) "Organization" means a group of people, structured in a specific way to achieve a series of shared goals.

History: En. Sec. 1, Ch. 522, L. 2021.