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Senate debates utility and water infrastructure amendments amid concerns about attacks and protest protections

February 23, 2023 | 2023 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate debates utility and water infrastructure amendments amid concerns about attacks and protest protections
Senator Hinkins presented substitute language for House Bill 370 during the Feb. 23 Senate floor session expanding the definition of “water facility” and strengthening penalties for damaging or tampering with infrastructure. He framed the measure as a response to a recent surge in physical attacks on the power grid and other critical infrastructure, citing external reporting that incidents jumped in recent years. The sponsor said the bill would apply to water intake structures, storage and treatment facilities, wastewater and pumping stations, and similar systems, and increase incarceration and fine penalties for attacks intended to disrupt critical services.

Senator Bluhen asked whether the bill could unintentionally criminalize peaceful protest activity near facilities (for example, demonstrations at energy sites). Senator Hinkins responded on the floor that the intent is not to punish peaceful protests and that the bill is aimed at destructive actions—he cited exemptions for minor offenses (e.g., graffiti) and said the bill targets disruptions to water, electricity or telecommunication operations. Sponsors stated several trade associations support the bill, including utility cooperatives and power companies.

The floor debate emphasized protecting essential services, but senators also signaled they wanted to avoid overbroad language that could chill lawful protest. Sponsors and committee members identified the need for precise drafting; the bill was substituted on the floor and discussion continued about fiscal and procedural scheduling.

Next steps: sponsors anticipated further refinement and review; the measure was on the Senate calendar and subject to fiscal‑note timing and committee scheduling.

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