CHAPTER 167
Legislative Research Commission PDF Version
1
CHAPTER 167
( SB 16 )
AN ACT relating to agricultural key infrastructure assets.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
ď˘Section 1. KRS 511.100 is amended to read as follows:
(1) As used in this section:
(a) "Key infrastructure assets" means:
1. Any critical node of a system used in the production or generation of electrical energy;
2. A petroleum refinery;
3. A rubber or hazardous chemical manufacturing facility;
4. A petroleum or hazardous chemical storage facility or terminal;
5. Natural gas processing, fractionation, stabilization, and compressor station facilities, as well as
above-ground natural gas or petroleum pipelines and related facilities;
6. Railroad yards and railroad tunnel portals;
7. A drinking water collection, treatment, or storage facility;
8. Grounds or property of a state prison, juvenile justice facility, jail, or other facility for the
detention of persons charged with or convicted of crimes;
9. A facility used for research, development, design, production, delivery, or maintenance of
military weapons systems, subsystems, and components or parts to meet military requirements of
the United States;
10. A wireless communications facility, including the tower, antennae, support structures and all
associated ground-based equipment, and a telecommunications central switching office;[ or]
11. A cable television headend;[ and]
12. A commercial food manufacturing or processing facility in which food is manufactured,
processed, or packaged, commercially, for human consumption, but not including retail food
establishments, home-based processors, or home-based microprocessors as those terms are
defined in KRS 217.015;
13. An animal feeding operation as defined in 40 C.F.R. sec. 122.23; or
14. A concentrated animal feeding operation as defined in 40 C.F.R. sec. 122.23; and
(b) "Unmanned aircraft system" means an aircraft that is operated without the possibility of direct human
interaction from within or on the aircraft and includes everything that is on board or otherwise attached
to the aircraft and all associated elements, including communication links and the components that
control the small unmanned aircraft, that are required for the safe and efficient operation of the
unmanned aircraft in the national airspace system.
(2) (a) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly enters or
remains unlawfully in or upon real property on which key infrastructure assets are located.
(b) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly uses, or
retains or authorizes a person to use, an unmanned aircraft system to fly above real property on which
key infrastructure assets are located with the intent to cause harm or damage to or conduct surveillance
of the key infrastructure asset without the prior consent of the owner, tenant, or lessee of the real
property.
(c) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly,
without consent of the owner or authorized representative: ACTS OF THE GENERAL ASSEMBLY 2
1. Operates an unmanned aircraft system, video recording device, audio recording device, or
photography equipment on or above property containing a key infrastructure asset referenced
in subsection (1)(a)12., 13., or 14. of this section; or
2. Records or distributes, photographically, electronically, or otherwise, any part, procedure, or
action of a key infrastructure asset referenced in subsection (1)(a)12., 13., or 14. of this
section.
(3) Trespass upon key infrastructure assets is a Class B misdemeanor for the first offense, and a Class A
misdemeanor for a second or subsequent offense.
(4) This section does not apply to:
(a) An unmanned aircraft system used by the federal government or by the Commonwealth, or by a person
acting pursuant to a contract with the federal government or the Commonwealth;
(b) An unmanned aircraft system used by:
1. The owner of the real property or key infrastructure asset;
2. A person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right
granted by the owner of the real property or key infrastructure asset; or
3. A third party who is retained or authorized by a person specified in subparagraph 1. or 2. of this
paragraph;
(c) An unmanned aircraft system used by a law enforcement agency, emergency medical service agency,
hazardous material response team, disaster management agency, or other emergency management
agency for the purpose of incident command, area reconnaissance, personnel and equipment
deployment monitoring, training, or a related purpose;
(d) Operation of an unmanned aircraft system by a person or entity for a commercial purpose in compliance
with applicable Federal Aviation Administration authorization, regulations, or exemptions;
(e) A satellite orbiting the earth;
(f) An unmanned aircraft system used by an insurance company or a person acting on behalf of an
insurance company for purposes of underwriting an insurance risk or investigating damage to insured
property;[ or]
(g) An unmanned aircraft system used strictly in accordance with an order of a court of competent
jurisdiction;
(h) Any electric, water, or natural gas utility company or a person acting on behalf of any electric, water,
or natural gas utility company for legitimate business purposes; or
(i) Any federal, state, or local government law enforcement or regulatory officer or employee while the
officer or employee is engaged in the performance of his or her official duties.
Veto Overridden April 12, 2024.