Oklahoma § 3-322 - Critical infrastructure facility – Unmanned aircraft

§ 3-322. Critical infrastructure facility – Unmanned aircraft

prohibited.

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

flight of unmanned aircraft without site authorization

is forbidden:

(1) a petroleum or alumina refinery,

(2) an electrical power generating 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,

Oklahoma Statutes - Title 3. Aircraft and Airports

(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,

(11) a transmission facility used by a federally

licensed radio or television station,

(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, gas, 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

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:

Oklahoma Statutes - Title 3. Aircraft and Airports

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;

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;

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.

Added by Laws 2016, c. 313, § 1, eff. Nov. 1, 2016.