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Critical infrastructure: the threat picture and the regulatory frame

“Critical infrastructure” sounds like someone else’s problem — a federal category covering power stations and pipelines, staffed by people with clearances. In Arizona it is a much wider net than that, and a surprising number of ordinary commercial sites sit inside it without their owners realising.

Two definitions matter, and they are not the same definition.

The federal frame

At national level, CISA identifies sixteen critical infrastructure sectors whose assets, systems and networks are considered so vital that their incapacity would have a debilitating effect on security, the economy, public health or safety. Each sector has a designated Sector Risk Management Agency responsible for coordinating security and resilience within it.

Sitting inside a designated sector generally does not, by itself, impose obligations on a private operator. The regulatory weight comes from sector-specific regimes: NERC CIP standards for the bulk electric system, TSA security directives for pipelines and certain surface transportation, NRC requirements for nuclear facilities, sector rules for water systems, and so on. Those bite hard where they apply and not at all where they do not.

For most Arizona businesses the federal frame is context. The state statute is the one with teeth.

The Arizona frame, which is broader than people expect

A.R.S. § 13-3729 makes it a class 6 felony — class 5 for a second or subsequent offence — to operate an unmanned aircraft to intentionally photograph or loiter over or near a critical facility in furtherance of a criminal offence. To do that, the statute has to define “critical facility”, and its list is long:

  • Petroleum or alumina refineries.
  • Petroleum, chemical or rubber production, transportation, storage or processing facilities.
  • Chemical manufacturing facilities.
  • Water or wastewater treatment facilities, and water development, distribution or conveyance systems including dams.
  • Electric generation facilities and any associated substation or switchyard.
  • Electrical transmission or distribution substations.
  • Electrical transmission lines of at least sixty-nine thousand volts.
  • Electronic communication stations or towers.
  • Energy control centres and distribution operating centres.
  • Natural gas transfer or distribution facilities, including compressor, regulator, city gate and pressure limiting stations, liquefied natural gas facilities and supplier tap facilities.
  • Any railroad infrastructure or facility.
  • Federal, state, county or municipal courts.
  • Public safety or emergency operation facilities.
  • Jails, prisons and other facilities in which persons are incarcerated.
  • Federal or state military installations or facilities.
  • Hospitals that receive air ambulance services.

Set that against a map of Pinal or Maricopa County. Substations, communication towers, canal and conveyance infrastructure, rail, and natural gas assets are distributed across ordinary industrial and even suburban ground. A great deal of Arizona is within photographing distance of something on that list.

What this actually changes for an operator

If you own or manage listed infrastructure, the statute is a tool. Loitering aircraft over your site in furtherance of an offence is a felony, which means an incident log with timestamps, photographs and flight behaviour is worth building. Most sites record nothing, and then have nothing to hand over.

If you operate near listed infrastructure — and most industrial sites do — the statute is a constraint. A drone flown for a legitimate purpose, over your own property, that drifts within photographing range of a neighbouring substation, creates a situation you have to be able to explain. Intent is what separates lawful from criminal here, and intent is much easier to demonstrate when the flight was scoped in writing beforehand. That planning is covered in our piece on Part 107, LAANC and Arizona drone law.

If you are a contractor working on listed infrastructure, your people, vehicles and access credentials become part of that site’s exposure. Vetting standards, escort requirements and equipment control are usually specified in the contract, and they are usually specified more tightly than a general commercial contract would be.

The physical threats that actually recur

Whatever the regulatory category, the incidents at infrastructure sites in the Southwest are consistent and mundane.

Metal theft. Copper grounding conductors are stolen from substations, which is both a theft and a serious safety hazard for anyone subsequently working on the equipment. It is dangerous enough that thieves are regularly injured or killed. Rising copper prices drive the rate directly.

Remote-site attrition. Fencing, gates, cameras and lighting degrade, and unmanned sites go unvisited for long periods. Failures are typically discovered during an incident rather than before one.

Reconnaissance. Repeated presence at a fence line, photography, questions asked of staff, or attempted access under a false pretext. These leave a pattern only if someone records them, and at most sites nobody does.

Contractor and insider access. The routine route into a controlled site is a legitimate credential, which is why access records and their reconciliation matter more than the gate itself.

What a proportionate programme looks like

  • Know your status. Determine whether your site meets the Arizona statutory definition and whether any federal sector regime applies. These are separate questions with separate answers.
  • Log suspicious activity in a structured way — date, time, location, description, photographs where lawful. A pattern is only visible in aggregate.
  • Inspect remote assets on a schedule rather than on complaint. Unmanned does not mean unvisited.
  • Treat contractor access as a control, not paperwork. Issue, log and reconcile.
  • Write down the drone posture for your own operations and for reporting aircraft over the site.
  • Vary patrols. Fixed-interval coverage at a remote site is a published timetable.

Honeybadger Solutions works infrastructure and industrial ground in Arizona — posture design, patrol structure, and the drone element where a site is large enough to justify it. Aerial coverage sits under drone operations and, for permanent installations, autonomous drone systems. Where reconnaissance appears to be organised rather than opportunistic, that becomes a matter for private investigations.

This is general information about Arizona and federal frameworks, not legal advice.