Council of State Governments (CSG) Model Bill: Trespassing, Interference, and Destruction of Critical Infrastructure

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

Updated August 3, 2019. 

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

CSG MODEL BILLS:

CSG's 2019 Shared State Legislation committee included two Oklahoma laws--HB 2128 and HB 1123--in its annual volume of model bills, according to CSG.

  • Submitted to CSG committee on shared state legislation in 2017
  • Adopted by CSG committee on shared state legislation December 15, 2017
    • SSL committee meeting minutes published by CSG omit attendance at the 2017, in contrast to minutes provided for SSL meetings in December, 2015 and May 2016.

These two 2017 Oklahoma laws were also the basis for the ALEC model bill on critical infrastructure trespass.

North Dakota Rep. Kim Koppelman, CSG, and ALEC:

Since at least January of 2017, the CSL Committee on Shared State Legislation is co-chaired by North Dakota state Rep. Kim Koppelman, who co-sponsored ND HB 1293 several months before the CSG adopted bill was adopted.

Rep. Kim Koppelman is co-chair of the Council of State Governments’ committee on Shared State Legislation (SSL), which approved a critical infrastructure protest model bill in December, 2017. Koppelman was CSG’s national chair in 2008, and served on CSG’s executive committee. Koppelman has been involved with CSG since at least 2000, and has participated in the SSL committee meetings for many years, since at least 2004 to 2017.

A 2006 CSG model bill titled “Unauthorized Entry of a Critical Infrastructure was based on Louisiana's Act 157 of 2004. It was included in CSG 2006 Suggested State Legislation Vol. 5, from CSG’s Public Safety and Justice committee. North Dakota state Rep. Kim Koppelman attended the November 20, 2004 meeting of the SSL committee in Dana Point, CA, when the 2006 CSG “Unauthorized Entry of a Critical Infrastructure” model bill was approved. Rep. Koppelman was also chair of the CSG Public Safety and Justice committee that was responsible for producing the model bill (CSG Suggested State Legislation 2006, Vol. 5).

CSG’s corporate sponsors from 2004-2006 include Koch Industries, ExxonMobil, Chevron, Shell, BP, Sunoco, Encana, and Williams Companies. 

A 2003 CSG report on Critical Infrastructure was sponsored by BP, among other companies.

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.

While at the US Interior Department, Todd Wynn was scheduled to speak with CSG energy & environment committee chair Rich Lindsey on December 21, 2017.

In Sept. 2016, EEI’s Todd Wynn was acknowledged as a sponsor 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, Shell, U.S. Oil & Refining, 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, 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).

Council of State Government Corporate Affiliates and Meeting Sponsors:

CSG “leadership” members currently pay annual dues of $40,000, and “associate” members pay $10,000. Members become eligible to participate in CSG’s task forces and committees. In previous years, this was an included benefit, and annual dues were $6,000 (2009, 2010).

2018 CSG Associate Members are in bold. Source Documents below.

  • Alpha Natural Resources (SLC 2012, CSG 2013)
  • Ameren (SLC 2018)
  • America’s Natural Gas Alliance, ANGA (CSG 2013, 2014, 2015)
  • American Chemistry Council, aka ACC (2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2016, 2018)
  • American Coalition for Clean Coal Electricity, aka ACCCE (MLC 2010, 2011, CSGW 2011, MLC 2011, SLC 2011, CSGW 2012, MLC 2012, 2013, CSGW 2013, MLC 2013, SLC 2013, 2014, MLC 2014, 2015, MLC 2015, 2016, SLC 2016 
  • American Electric Power (1998, 2000, 2001, 2002, 2004, 2005, 2006, 2009, 2011, 2011, 2012, 2012,  2012, 2013, SLC 2014, 2014, 2016, 2017, 2018), via Paul Loeffelman, who also led ALEC’s EEA task force in recent years.
  • American Fuel & Petrochemical Manufacturers Association, aka AFPM (2013, 2014, 2015, 2016, 2017, 2018)
  • American Gas Association, aka AGA (2013, 2014, 2015, 2016, 2017, 2018)
  • American Petroleum Institute (1998, 2009 exhibitor, 2011, 2013, MLC 2013, 2013, 2014, 2017, 2018)
  • Anadarko Petroleum (CSGW 2007, CSGW 2008, CSGW 2015)
  • Atmos Energy (SLC 2011, SLC 2016, SLC 2017)
  • Black Hills Energy (CSGW 2007, MLC 2014, CSGW 2015, MLC 2017)
  • BP (1998, CSGW 2006, CSGW 2009, MLC 2010, CSGW 2010, CSGW 2011, MLC 2011, SLC 2011, CSGW 2012, CSGW 2013, MLC 2013, SLC 2013)
  • Center for Energy and Economic Development, now the American Coalition for Clean Coal Electricity, or ACCCE (1998, 2000, 2001, 2004, 2005, CSGW 2006)
  • Centerpoint Energy (SLC 2014)
  • Chevron (1998, 2000, 2001, 2002, 2004, 2005, 2006, 2006, 2007, 2009, 2010, 2011, 2011, 2013, 2013, 2014, 2015, SLC 2015, 2016, 2016, 2017, 2017, 2018, CSGW 2018, 2018)
  • ConocoPhillips (2006, 2009, 2010, 2012)
  • Consumer Energy Alliance, CEA (2014, 2015, 2016)
  • Dominion Energy (2012, 2012, 2017, 2018)
  • Dow Chemical (MLC 2011, MLC 2012, MLC 2013, CSG 2013, CSG 2014, MLC 2015, MLC 2016, MLC 2017, CSG 2017 via then-subsidiary DuPont, MLC 2018, CSG 2018 via then-subsidiary DuPont)
  • Duke Energy (2011, 2012, 2016)
  • Edison Electric Institute, aka EEI (1998, 2000, 2002, 2004, 2005, 2006, 2006, 2011, 2012, 2013, 2014, 2015, 2016, CSGW 2016, 2017, 2018)
  • El Paso [Energy] Corp (2000, 2001, 2002)
  • Enbridge (MLC 2010, MLC 2011, CSGW 2012, MLC 2012, MLC 2013, SLC 2013, MLC 2014, SLC 2014, SLC 2014, MLC 2015, MLC 2016, SLC 2017, ERC 2017, MLC 2018)
  • Encana (CSGW 2006, CSGW 2015)
  • Enron (1998, 2000, 2001)
  • Entergy (SLC 2014, SLC 2017)
  • Exelon (2001)
  • Exxon Corp (1998)
  • ExxonMobil (2000, 2001, 2002, 2004, 2005, 2006, 2007, 2011, 2012, 2012, XTO 2012, 2013, 2013, 2013, 2014, 2014, 2015, 2016, 2017, 2018)
  • First Energy [Foundation] (2012)
  • Halliburton (2015)
  • Hess Corporation (2015)
  • Koch Industries, through its wholly-owned subsidiaries, Flint Hills (2002, 2004, 2005, 2006) and Koch Companies Public Sector (2013, 2013, 2013, 2014, 2014, 2015, 2015, 2016, 2016, 2017, 2017, 2018, 2018)
  • Marathon Oil Corporation (2012, 2013, 2015)
  • Marathon Petroleum Company (2010, 2011, 2015, 2016, 2017, 2017, 2018)
  • MDU Resources (2015)
  • Mirant (2002)
  • Mobil Corp (1998)
  • Murphy Oil Co (2014)
  • National Rural Electric Cooperative Association, aka NRECA, (1998, 2000, 2001, 2002, 2004, 2005, 2006, 2013, 2014, 2015, 2016, 2017, 2018)
  • NV Energy (2013)
  • PacifiCorp + subsids (2006, 2007, 2008, 2009, 2010, 2011, 2013, 2015, CSGW 2017, 2018)
  • Phillips 66 (2012, 2013, 2013, 2014, 2015, 2016, 2017, 2018)
  • PNM Resources (2009)
  • Salt River Project (1998, 2000, 2001, 2002, 2004, 2005, 2006, 2006, 2007, 2008, 2013, 2014)
  • Shell (2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013)
  • Southern Company + subsids (2011, 2013, 2015, 2017)
  • Spectra Energy (2011)
  • Suncor (2012)
  • Sunoco (2000, 2001, 2002, 2004, 2005, 2006)
  • TransCanada (2007, 2011, 2012, 2012, 2012, 2013, 2013, 2014, 2016, 2018)
  • WSPA (2017)
  • Williams Companies (2000, 2001, 2002, 2004, 2005, 2006, 2009, 2012, 2015)
  • Xcel Energy (2006, 2007, 2008, 2009, 2013, 2015, 2015)