MINNESOTA - Oil & Gas "Critical Infrastructure" Anti-Protest Bills

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

Updated December 9, 2019. 

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

2019 SF 2011:

  • Bill is still considered active for 2020 legislative regular session. Session resumes on February 11, 2020. Recess began on May 20, 2019.
  • Referred to Senate Judiciary and Public Safety Finance and Policy committee after second reading on March 18, 2019
  • Introduced March 4, 2019

ICNL analysis:

Would create new potential penalties for protests near pipelines, utilities, and "critical public service facilities." The bill criminalizes trespass onto such properties, including those under construction, as a gross misdemeanor punishable by one year in jail and a $3,000 fine. Trespass “with the intent to disrupt the operation or provision of services” by the pipeline or utility, is a felony under the bill, punishable by up to 5 years in prison and a $10,000 fine. The bill also newly provides that a court may order anyone convicted of the above offenses to pay for “the costs and expenses resulting from the crime.”

ALEC legislators:

0 of 5 sponsoars are confirmed MN ALEC affiliated legislators:

CSG legislators:

1 of 5 sponsors is a confirmed affiliates of the Council of State Governments: Sen. Tom Bakk is a member of CSG Midwest’s Great Lakes Legislative Caucus as of 2016, 2017, and 2018.

Industry funding to co-sponsors:

The 11 co-sponsors of SF 2011 (above) and HF 2248 (below) received a total of $24,315 in political contributions from oil, gas, electric utility and railroad companies. Each of these industries is named in the bill's definitions of "critical public service facility," "pipeline" or "utility."

2019 HF 2241:

  • Companion to SF 2011, above.
  • Bill is still considered active for 2020 legislative regular session. Session resumes on February 11, 2020. Recess began on May 20, 2019.
  • Referred to Public Safety and Criminal Justice Reform Finance and Policy Division Committee on March 8, 2019
  • Introduced, read, and referred to Ways and Means Committee on March 7, 2019

ALEC legislators:

0 of 6 sponsoars are confirmed MN ALEC affiliated legislators:

CSG legislators:

2 of 6 sponsors are confirmed affiliates of the Council of State Governments:

2018 SF 3463:

  • Vetoed by Governor on May 30, 2018
  • Introduced March 15, 2018

ICLN analysis:

Would have created new civil liability for protesters on infrastructure property, as well as vicarious liability for any individual or organization who supported them. The bill would make someone who trespasses on property containing a "critical public service facility, utility, or pipeline" liable for any damages to persons or property, and any person or entity that "recruits, trains, aids, advises, hires, counsels, or conspires with them" vicariously liable for such damages. Under Minnesota law, a person who trespasses on infrastructure property is guilty of a gross misdemeanor; the bill would make anyone who "recruits, trains, aids, advises, hires, counsels, or conspires with" a trespasser likewise guilty of a gross misdemeanor, which is punishable by one year in jail and a $3,000 fine. If the person trespasses "with the intent to significantly disrupt the operation of or the provision of services" by the facility, the bill would make anyone who "recruits, trains, aids, advises, hires, counsels, or conspires with" the trespasser guilty of a felony and subject to 10 years in prison and a $20,000 fine. The phrase "significantly disrupt" could be construed to encompass peaceful protests that block access to infrastructure, for instance, which under Minnesota law is broadly defined to include bus stations and bridges. The broad terms used in the vicarious liability provisions could even be construed to include aiding a protester by providing them with water or medical assistance. 

ALEC legislators:

1 of 5 sponsors is a confirmed MN ALEC affiliated legislator: Sen. Bruce Anderson

CSG legislators:

1 of 5 sponsors is a confirmed affiliates of the Council of State Governments: Sen. Tom Bakk is a member of CSG Midwest’s Great Lakes Legislative Caucus as of 2016, 2017, and 2018.

Industry funding to co-sponsors:

The 17 co-sponsors of SF 2011 (above) and HF 2248 (below) received a total of $25,285 in political contributions from oil, gas, electric utility and railroad companies. Each of these industries is named in the bill's definitions of "critical public service facility," "pipeline" or "utility."

2018 HB 3693

  • Introduced March 12, 2018
  • Postponed and folded into SF 3463 on May 9, 2018

ALEC legislators:

Primary sponsor Dennis Smith (R-34B) is not a confirmed ALEC member.

6 of 12 co-sponsors are confirmed MN ALEC affiliated legislators: Rep. Pat Garofalo (R-58B), Sen. John Howe (R-28), Rep. Kathy Lohmer (R-39B), Rep. Bob Loonan (R-55A), Rep. Cindy Pugh (R-33B), and Rep. Mark Zerwas (R-30A),

  • Rep. Dan Fabian is unconfirmed as an ALEC member, but has repeatedly authored and introduced legislation very similar to ALEC models.

CSG legislators:

7 of 12 sponsors are confirmed affiliates of CSG:

  • Rep. Dan Fabian is on the 2017-2018 CSG Midwest Canada Relations Committee
  • Rep. Nick Zerwas is on the 2017-2018 CSG Midwest Criminal Justice and Public Safety Committee
    • Zerwas talked to CSG about a prior bill to restrict protests on roads
  • Rep. Bob Loonan participated in the 2016 CSG BILLD program
  • Rep. Pat Garofalo was a board member of CSG as of June 30, 2016, according to CSG’s most recent IRS tax filing. Garofalo has presented at natural gas policy workshops hosted by CSG in 2015 and 2016. Garofalo is a former chair of CSG’s Energy and Environment Committee, and participated in a CSG nuclear waste storage program in 2016.
  • Rep. Jeff Howe participated in the 2016 CSG BILLD program
  • Rep. Cindy Pugh is member of CSG Midwest’s Great Lakes Legislative Caucus as of 2016, 2017, and 2018.
  • Rep. Dale Lueck is member of CSG Midwest’s Great Lakes Legislative Caucus as of 2016, 2017, and 2018.

Koch Industries & Marathon Petroleum, and the Enbridge Line 3 Pipeline:

According to an Enbridge executive, Koch's giant Pine Bend refinery "relies exclusively" on Line 3, via the Koch/Marathon Minnesota Pipe Line Company pipelines. Koch's refinery is undergoing a billion dollar upgrade to handle more petroleum products from the Line 3 expansion. 

Koch and Marathon have also recently collaborated on fighting against policies supporting electric vehicles.

Oil & Gas Lobbying:

In 2017 and 2018, while SF 3463 and HB 3693 were being considered by the MN legislature, a combined $17,473,500 was spent by the following companies:

Enbridge has disclosed $22,960,000 in lobbying expenses from 2007-2018, of which $11.08 million was spent in 2018 alone. Spending totals for 2019 are not yet public.

Koch Industries subsidiaries: $6,780,000 in lobbying expenses from 2007-2018:

Marathon Petroleum and a subsidiary disclosed a combined $450,500 in lobbying expenses from 2007-2018. Spending totals for 2019 are not yet public.

Minnesota Pipe Line Company--jointly owned by Koch Industries subsidiary Flint Hills Resources, Marathon Petroleum, and Trof, Inc (affiliated with Koch Industries)--disclosed $180,000 in lobbying expenses from 2014-2018.

    The American Petroleum Institute disclosed $762,800 in lobbying expenses from 2007-2018, $88,800 of which was spent in 2018. API represents most of the major U.S. oil industry, including Enbridge and Marathon Petroleum (but excluding Koch Industries and Energy Transfer).

    The American Fuel & Petrochemical Manufacturers (AFPM) reported $40,000 in lobbying expenses in 2018.

    Additionally, lobbying expenditures were disclosed by:

    The American Chemistry Council disclosed $1,748,000 in lobbying expenses from 2007-2018, $180,000 of which was spent in 2018.

    • The 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. 

    Magellan Midstream Partners disclosed $262,988 in lobbying expenses from 2007-2017. Magellan has lobbied for similar laws in Iowa and Texas.

    Many companies that have lobbied for similar laws in other states have not disclosed recent lobbying expenses in Minnesota, such as Energy Transfer Partners, TransCanada (TC Energy), ExxonMobil, Chevron, BP, Shell, Valero, and Dow Chemical.

    Media Reports & References:

    Andrew Neef, Multi-Agency Task Force Prepares “Rules of Engagement” For Line 3 Protests, Unicorn Riot, February 11, 2019

    Alleen Brown and Will Parrish, How Police, Private Security, and Energy Companies are Preparing for a New Pipeline Standoff, The Intercept, January 30, 2019

    Tim Donaghy, Dangerous Pipelines: Enbridge's History of Spills Threatens Minnesota Waters, Greenpeace USA, November 14, 2018

    Governor Dayton Vetoes 'Line 3 Fast Track' and 'Guilt by Association' Bills, Stop Line 3 / Honor the Earth, June 1, 2018

    Don Davis, MN lawmakers claim a bonding victory as Dayton signs with objections, Hastings Star-Gazette, May 30, 2018

    Mike Hughlett, Gov. Mark Dayton vetoes bill that gave Enbridge's new pipeline fast-track approval, Minneapolis Star-Tribune, May 21, 2018

    Grace Pastoor, Proposed Minnesota law aims to crack down on protesters, but protesters are protesting, Praire Business Magazine, April 17, 2018

    Alleen Brown and Will Parrish, Louisiana and Minnesota Introduce Anti-Protest Bills Amid Fights over Bayou Bridge and Enbridge Pipelines, The Intercept, March 31, 2018

    Karla Hult, MN bill to penalize protesters clears hurdle, KARE 11, March 28, 2018

    Honor the Earth

    Water is Life Movement: Minnesota groups