American Legislative Exchange Council (ALEC) Model Bill: Critical Infrastructure Protection Act

  • Posted on: 18 February 2019
  • By: Connor Gibson

Updated October 14, 2019. 

See Full Report: State Bills to Criminalize Peaceful Protest of Oil & Gas "Critical Infrastructure"

2017 ALEC MODEL "CRITICAL INFRASTRUCTURE PROTECTION ACT":

Based on the two laws that passed in Oklahoma in 2017, HB 2128 and HB 1123, according to ALEC. (See timeline of these bills, including those sponsored by ALEC legislators before the Oklahoma laws)

In December, 2017, ALEC’s EEA Task Force was directed by:

  • ALEC staffer Grant Kidwell (previously of the Charles Koch Institute and Americans for Prosperity),

  • Natural Rural Electric Cooperative Association (NRECA) lobbyist Jennifer Jura,

  • Illinois state Rep. David Reis. Reis is currently one of two ALEC State Chairs for Illinois, meaning he is responsible for recruiting and fundraising for ALEC, and making sure ALEC bills are introduced in the Illinois legislature.

Todd Wynn, Trump Interior Department Official, former ALEC Energy task force director:

The Trump administratioin U.S. Interior Department’s Todd Wynn was scheduled to speak to ALEC EEA task force director Grant Kidwell on Dec 19, 2017, ALEC denies a call happened.

In Sept. 2016, EEI’s Todd Wynn and NRECA’s Jennifer Jura were acknowledged as sponsors of a CSG policy academy event, “The Future of American Electricity.” (Wynn did not end out speaking at the event). The event opened with remarks from Minnesota state Senator Pat Garofalo, who later co-sponsored HB 3693 in 2018.)

Oil, gas, chemical and utility lobbyists overlap at ALEC and CSG:

There is heavy overlap between CSG's current associate member companies, and the companies & lobbying groups that signed a letter to ALEC legislators asking them to support the ALEC model critical infrastructure when it was first being proposed by the ALEC Energy, Environment, and Agriculture task force in December, 2017. The ALEC model bill was approved by the ALEC task force at its December, 2017 meeting, and approved by the ALEC board in January, 2018. The letter to ALEC legislators, first reported by Alexander Kaufman at HuffPost, was signed by:

American Chemistry Council (ACC) 

  • Represents BP Lubricants, Chevron-Phillips Chemical Co, ExxonMobil Chemical Company, Dow Chemical, DuPont, Huntsman, Occidental Chemical Corp, Marathon Petroleum, Saudi Aramco (Motiva), Shell Chemical Co
  • Note: Marathon Petroleum was listed a member of the ACC until 2018, but Marathon senior vice president Ray Brooks is serving on the ACC Board of Directors from January 1, 2017 through December 31, 2019. 

American Fuel & Petrochemical Manufacturers (AFPM)

  • Represents BP, Chevron, Chevron-Phillips Chemical Co, ExxonMobil, Koch Industries (and subsidiary Flint Hills Resources), Marathon Petroleum, Shell, Valero, and dozens of other petrochemical refining companies.

American Gas Association (AGA)

  • Represents Ameren, Atmos, Berkshire Hathaway Energy (PacifiCorp, MidAmerican, NV Energy), Black Hills Corp, CenterPoint, Cheniere, Chevron-Phillips Chemical Co, Dominion Energy, DTE Energy, Duke Energy, Enbridge, Entergy, EQT, Exelon, Kinder Morgan, MDU Resources, NiSource, PG&E, TransCanada, and dozens of other gas distributors and utility companies.

Edison Electric Institute (EEI)

  • Represents AES, Alliant, Ameren, American Electric Power, Berkshire Hathaway Energy (PacifiCorp, MidAmerican, NV Energy), Black Hills Corp, CenterPoint, Dominion Energy, DTE Energy, Duke Energy, Entergy, Exelon, FirstEnergy, MDU Resources, NextEra, NiSource, Oncor, PG&E, Pinnacle West (Arizona Public Service), PNM Resources, PPL Corp, Southern Company, TVA, and Xcel Energy.

Energy Policy Network

Marathon Petroleum

With the exception of the Energy Policy Network, all of these entities are CSG associate members (ACC, AFPM, AGA, EEI, and Marathon) and recurring sponsors of CSG events (ACC, AFPM, AGA, EEI, and Marathon). See our overview of the CSG Critical Infrastructure model bill for more details.

ALEC Funding and Corporate Membership:

Many corporations, including most of the largest fossil fuel companies, have abandoned ALEC in recent years, including ExxonMobil, BP, Shell, MidAmerican, Alliant, and other fossil fuel companies. However, the lobbying groups and trade associations representing those companies have remained active at ALEC meetings. 

For references, see SourceWatch pages on ALEC Corporations, ALEC Trade Groups, ALEC law firms, and ALEC Non-profits.

For the most recent information on ALEC's fossil fuel company members, see the 2019 ALEC Energy task force roster published by Documented. Companies in this 2019 roster are marked* below.

Sponsors of ALEC and ALEC meetings since 2012 include:

Koch Industries and organizations controlled by CEO Charles Koch

The following foundations and nonprofits are financed, governed, and either owned or closely controled by Mr. Koch and other Koch Industries executives. ALEC's 2017 annual meeting in Denver was attended by over 50 of Charles Koch's staff.

  • Charles Koch Foundation*
  • Charles Koch Institute (SPN affiliate)
  • Cato Institute (SPN affiliate)
  • Freedom Partners Chamber of Commerce, and its subsidiaries (source)
    • Americans for Prosperity (SPN affiliate)
      • Concerned Veterans for America
      • LIBRE Initiative
      • Generation Opportunity - merged with AFP
  • Institute for Humane Studies, at George Mason University (SPN affiliate)
  • Mercatus Center, at George Mason University (SPN affiliate)
  • American Energy Alliance*

Oil & Gas Industry:

  • AES (via Indianapolis Power & LIght)
  • AGL Resources
  • Anadarko Petroleum
  • American Fuel & Petrochemical Manufacturers, AFPM
    • Represents oil refinery companies including BP, Chevron, Chevron-Phillips Chemical Co, ExxonMobil, Koch Industries (and subsidiary Flint Hills Resources), Marathon Petroleum, Shell, Valero, and dozens of other petrochemical refining companies.
  • American Gas Association, AGA
    • Represents Ameren, Atmos, Berkshire Hathaway Energy (PacifiCorp, MidAmerican, NV Energy), Black Hills Corp, CenterPoint, Cheniere, Chevron-Phillips Chemical Co, Dominion Energy, DTE Energy, Duke Energy, Enbridge, Entergy, EQT, Exelon, Kinder Morgan, MDU Resources, NiSource, PG&E, TransCanada, and dozens of other gas distributors and utility companies.
  • American Petroleum Institute, API
    • Represents most of the major U.S. oil industry, including BP, Chevron, ConocoPhillips, Devon Energy, Dow Chemical, Enbridge, ExxonMobil, Marathon Petroleum, Magellan Midstream, Phillips66, Shell, TransCanada (aka TC Energy), and Williams Companies,
    • Note: neither Energy Transfer nor Koch Industries are listed as members of the API.
  • Cheniere Energy
  • Chevron
  • Devon Energy
  • Energy Transfer Partners - pipeline company, owns Dakota Access and Bayou Bridge Pipelines
  • Koch Industries lobbying subsidiary, Koch Companies Public Sector
  • Marathon Petroleum Corporation - not Marathon Oil Co
  • Phillips66
  • TransCanada

    Electric Utility (Power Plants) Industry:

    • American Electric Power, AEP
    • Arizona Public Service, APS
    • CenterPoint Energy
    • Cooperative Energy
    • Dominion Resources
    • Duke Energy
    • Edison Electric Institute, EEI
      • Represents AES, Alliant, Ameren, American Electric Power, Berkshire Hathaway Energy (PacifiCorp, MidAmerican, NV Energy), Black Hills Corp, CenterPoint, Dominion Energy, DTE Energy, Duke Energy, Entergy, Exelon, FirstEnergy, MDU Resources, NextEra, NiSource, Oncor, PG&E, Pinnacle West (Arizona Public Service), PNM Resources, PPL Corp, Southern Company, TVA, and Xcel Energy.
    • Exelon
    • National Rural Electric Cooperatives Association, NRECA - coal power plant co-ops lobby
    • NextEra, via Florida Power & Light
    • NiSource
    • Nuclear Energy Institute - nuclear power lobby
    • Salt River Project - public / private utility, partial owner of Navajo Generating Station coal plant
    • UniSource Energy Services, via Tucson Electic Power
    • Vistra Energy - owns Luminant and TXU, following bankruptcy of Energy Future Holdings

    Chemical Industry:

    • American Chemistry Council, ACC
      • Represents BP Lubricants, Chevron-Phillips Chemical Co, ExxonMobil Chemical Company, Dow Chemical, DuPont, Huntsman, Occidental Chemical Corp, Marathon Petroleum, Saudi Aramco (Motiva), Shell Chemical Co
      • Marathon Petroleum was listed a member of the ACC until 2018, but Marathon senior vice president Ray Brooks is serving on the ACC Board of Directors from January 1, 2017 through December 31, 2019. 
    • Plastics Industry Association, aka Society of the Plastics Industry - plastics supply chain lobby
    • Vinyl Institute

    Coal Mining Industry:

    • Contura Energy, aka Alpha Natural Resources, aka Massey Energy - coal mining firm, reformed after bankrupcy of Alpha
    • American Coalition for Clean Coal Electricity, ACCCE - coal lobby
      • Represents Alliance Energy Partners, American Electric Power, BNSF, Caterpillar, Consol Energy, CSX, Kentucky Coal Association, Murrary Energy, Peabody, Southern Company, and Union Pacific, among others.
    • Cloud Peak Energy - coal mining company in Wyoming
    • Peabody Energy - largest private coal mining company in the world, bankrupt

    U.S. Chamber of Commerce - represents many industries, including some companies above, and some of ALEC's defected members

    Foundations, think tanks and front groups, incl. State Policy Network (SPN) orgs:

      • Competitive Enterprise Institute (CEI - SPN affiliate)

      • Energy Policy Network - founded by the late Kelly Mader, a former Peabody executive and ALEC board member
      • Federalist Society (SPN affiliate)
      • Goldwater Institute (SPN member)
      • Heartland Institute (SPN affiliate)
      • Heritage Foundation (SPN affiliate)
      • Mackinac Center (SPN member)
      • Pacific Legal Foundation (SPN affiliate)
      • Reason Foundatio (SPN affiliate)
      • Searle Freedom Trust - large foundation that often supports anti-environmental initiatives, climate denial, and State Policy Network think tanks
      • State Policy Network (SPN umbrella org)
      • Strata Policy, aka the Center for Growth and Opportunity at Utah State University
      • Texas Public Policy Foundation, TPPF (SPN member)