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SENATE FLOOR VERSION
April 7, 2025
ENGROSSED HOUSE
BILL NO. 2312 By: Archer and Hilbert of the
House
and
Howard of the Senate
An Act relating to aircraft and airports; amending 3
O.S. 2021, Section 322, which relates to critical
infrastructure facilities; removing certain
exception; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 322, is
amended to read as follows:
Section 322. A. As used in this section:
1. "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,
are reasonably likely to come to the attention of
intruders, and indicate that entry is forbidden or
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flight of unmanned aircraft without site authorization
is forbidden:
(1) a petroleum or alumina refinery,
(2) an electrical power g enerating facility,
substation, switching station or electrical
control center,
(3) a chemical, polymer or rubber manufacturing
facility,
(4) a water intake structure, water treatment
facility, wastewater treatment plant or pump
station,
(5) a natural gas compressor station,
(6) a liquid natural gas terminal or storage
facility,
(7) a telecommunications central switching office,
(8) wireless telecommunications infrastructure,
including cell towers,
(9) a port, railroad switching yard, trucking
terminal or other freight transportation
facility,
(10) a gas processing plant, including a plant used in
the processing, treatment or fractionation of
natural gas or natural gas liquids,
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(11) a transmission facility used by a federally
licensed radio or television sta tion,
(12) a steelmaking facility that uses an electric arc
furnace to make steel,
(13) a facility identified and regulated by the United
States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS)
program,
(14) a dam that is regulated by the state or federal
government, or
(15) a natural gas distribution utility facility,
including, but not limited to, pipeline
interconnections, a city gate or town border
station, metering station, aboveground piping, a
regulator station and a natural gas storage
facility, or
b. any aboveground portion of an oil, ga s, hazardous
liquid or chemical pipeline that is enclosed by a
fence or other physical barrier that is obviously
designed to exclude intruders;
2. "Dam" means any barrier, including any appurtenant
structures, that is constructed for the purpose of permanently or
temporarily impounding water; and
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3. "Unmanned aircraft" means an aircraft without occupants that
is flown by a pilot via a ground control system or autonomously
through use of an onboard computer and other additional equipment
necessary to operate the aircraft and includes unmanned aircraft
commonly called drones.
B. Except as provided in subsection C of this section, a person
shall not intentionally or knowingly:
1. Operate an unmanned aircraft over a critical infrastructure
facility if the unmanned aircraft is less than four hundred (400)
feet above ground level;
2. Allow an unmanned aircraft to make contact with a critical
infrastructure facility, including any person or object on the
premises of or within the facility; or
3. Allow an unmanned aircraft to come within a distance of a
critical infrastructure facility that is close enough to interfere
with the operations of or cause a disturbance to the facility.
C. This section shall not apply to conduct committed by:
1. The federal government, the state or a political subdivision
of the state;
2. A person under contract with or otherwise acting under the
direction or on behalf of the federal government, the state or a
political subdivision of the state;
3. A law enforcement agency;
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4. A person under contract with or otherwise acting under the
direction or on behalf of a law enforcement agency;
5. An owner or operator of the critical infrastructure
facility;
6. A person under contract with or otherwise acting under the
direction or on behalf of an owner or operator of the critical
infrastructure facility;
7. A person who has the prior written consent of the owner or
operator of the critical infrastructure facility; or
8. The owner or occupant of the property on which the critical
infrastructure facility is located or a person who has the prior
written consent of the owner or occupant of that property ; or
9. An operator of an unmanned aircraft that is being used for a
commercial purpose, if the operator is authorized by the Federal
Aviation Administration to conduct operations over that airspace .
D. Any person in violation of this section may be civilly
liable for damages to the critical infrastructure facility to
include, but not be limited to, damage to property, the environment
or human health.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
April 7, 2025 - DO PASS