H.B. 165 Critical Infrastructure Amendments

What this bill does

The bill requires government entities and special districts to check operational technology in critical systems such as water, communications, and electrical systems for malware and to block remote access to it. It also bars use of federally prohibited equipment in critical infrastructure and has the Utah Cyber Center issue guidance on adversarial threats.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

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Every vote

• 10 yes, 0 no, 1 absentHouse Law Enforcement and Criminal Justice Committee: vote to approve it · Feb 2, 2026Who voted how
• 60 yes, 0 no, 15 absentFinal House vote · Feb 10, 2026Who voted how
• 6 yes, 0 no, 2 absentSenate Transportation, Public Utilities, Energy, and Technology Committee: vote to change the bill · Feb 18, 2026Who voted how
• 6 yes, 0 no, 2 absentSenate Transportation, Public Utilities, Energy, and Technology Committee: vote to approve it · Feb 18, 2026Who voted how
• 23 yes, 0 no, 6 absentFirst of two Senate votes · Feb 25, 2026Who voted how
• 20 yes, 0 no, 9 absentFinal Senate vote · Feb 26, 2026Who voted how
• 24 yes, 0 no, 5 absentConference Committee - Final Passage · Feb 27, 2026Who voted how
• 68 yes, 1 no, 6 absentConference Committee - Final Passage · Mar 2, 2026Who voted how

Hearings and debates

• Feb 2, 2026 House Law Enforcement and Criminal Justice Committee▶ Watch
  Transcript (15 turns)

  1. Committee chair1:36:32

     Okay, we're moving right along. Um, move to item number seven on the agenda. Representative Brooks.

  2. Rep. Walt Brooks1:36:48

     Thank you, Mr. Chair and committee. Um, I have Alan Fuller with me from DTS, um, to help me present with this, this bill. We've worked on this for a couple years now, and it's, it's really trying to protect Utah state's critical infrastructure. Um, if you wanna look at the bill, um, inside, um, started on line 33. It really talks what we're, we're dealing with, like, uh, emergency service, communications, electric power, water wa and wastewater transportation and so forth. Um, what we've found in the last few years is that many of our technologies that we use, we don't realize that there's malware on many of them that allows remote access. So this last year, we've added water to this component. Um, we ran a test in Utah, and, um, some of the cities and smaller areas that have, um, used water pumps basically, and on, on these pumps. They don't really have a computer or anything, but there's a small, what we call operational technology or a little, um, little software on there that's had malware placed on it. So someone that is not supposed to could access those and either shut the pumps off or open up all the valves and dump chlorine in their water or whatever it may be. And, and we have that on all these different areas that, um, could really provide a massive disruption to the state. So this is working with, in conjunction with DTS. Um, they already doing a fantastic job. They're aware of this. This helps outline some of the components, what they need to, um, do. Um, there is a, a little piece of this that they already have, um, um, running, uh, Senator Harper has an RFA open to help provide some funding to DTS that can help smaller agencies and communities to be able to help them get moving forward with some of these, whether it's a software solution or other issues that help to make sure that we harden our systems a little bit. And with that, I'd like to give some time to, um, Alan Fuller to explain as well. Thank

  3. Alan Fuller, State Chief Information Officer1:38:39

     You, representative. Thank you, Representative Brooks. Uh, we've, uh, Alan Fuller, chief Information Officer for the State of Utah. And I just want to say, uh, thank you to Representative Brooks for his leadership on this important, uh, issue with regard to, um, we have within our division of technology services, the Cyber Center for the State. And we've done a whole of state cybersecurity program that was funded by the, A grant from the federal government for 13 million and a match by the legislature for 4 million. And that program has been enormously successful in rolling out tens of thousands of endpoint protection and training, uh, to city and county, um, uh, people. And the, the RFA that he mentioned is, uh, is to extend that program as well as to both in time and to extend it to K through 12 and to to water districts. To the point of this bill, uh, this bill requires the cyber center to provide guidance on cybersecurity. Um, and we are, we are prepared to do that, and we will leverage resources, uh, from the, from cisa, the, the Federal Government for Agency for Cybersecurity, and also nist, which provides standards. And we will, we will provide, uh, guidance and advice and help. And then with the, the R ffa, we can provide tooling. Thank you. So you can tell, like in, in our state, we have a lot of little towns. Like in my district down in the south, we have enterprise or maybe over in Penguin, or even at, you know, Tropic. They, they don't have the resources that they need, but we have great resources here with, with the Department of Technology Services that can really provide guidance to make sure that we are protected statewide. With that, that pre uh, concludes my presentation chair, Mr. Chair.

  4. Committee chair1:40:22

     Thank you. Turn to the committee for clarifying questions. Okay. I don't see any, is there anyone here from the public speak to this one? Not even a small water provider. Okay. Return back to the committee for discussion or action. Thank you very much. Representative Hall.

  5. Rep. Thomas W. Peterson1:40:45speaker not certain

     Actually, I did have one clarifying question. Go ahead. Quick, sorry. Um, you said there's an RFA that goes along with it. Do you

  6. Rep. Walt Brooks1:40:51

     Know what? Oh, the bill itself stands alone, but we do, we're trying to help a program that they already have in place that helps with the, um, K through 12, the public school systems and water districts. And this allows that, so let's say a small, um, community, they can provide some funding to help them get started in it until they build up their own revenue source to be able to pay for it.

  7. Rep. Hall1:41:12speaker not certain

     Is that RFA going through, like public ed? Or is It, I I don't know where it's going Through general governance.

  8. Rep. Walt Brooks1:41:17speaker not certain

     General governance, uh, the sponsors are, uh, actually a little bit more complex. Senator Harper and Representative Albrecht both did RFAs and I think they're going to merge, be merging those together. Okay.

  9. Rep. Hall1:41:27speaker not certain

     Okay. All right. Thank you. I just had a Question. We're still on negotiation on all of that. Okay. Good question.

  10. Committee chair1:41:37

      I'm happy to keep it going. Go Ahead. All right. Is there a sub or anything that needs to be adopted? Not that I'm aware of. Okay.

  11. Rep. Hall1:41:44

      So I, I move that we pass forward with a favorable recommendation. First substitute HB 1 65 critical infrastructure amendments

  12. Committee chair1:41:53

      In order. Would you like to speak to it?

  13. Rep. Hall1:41:55

      Um, sounds good. I think hardening our grid as much as possible is good. So thank you.

  14. Committee chair1:42:02

      Thank you. Any discussion to the motion? Okay. Seeing none, sponsor, I waive. I appreciate your time. Thank you. Representative Hall Waive. Now go ahead and place the motion. All those in favor of passing out house Bill 1 65 for substitute to the floor, say aye. Aye. Aye. And opposed? Okay. It's done. Thank you, Representative Brooks.

  15. Rep. Walt Brooks1:42:24

      Thank you, committee. Okay, we're gonna go

• Feb 10, 2026 House floor debate▶ Watch
  Transcript (8 turns)

  1. Speaker (presiding)2:55:50

     First substitute house bill 1 65 critical infrastructure amendments by Representative Brooks. This bill was heard in law enforcement and criminal justice with the vote of 10 0 1 Representative Brooks.

  2. Rep. Walt Brooks2:56:02

     Thank you Mr. Speaker. For the last couple years we've been working on, um, different organizations and how we can protect UTAHNS from our critical infrastructure being accessed by those who should not access it. This bill expands that and includes, um, protecting our emergency services, communication systems, our water systems and electrical systems. Um, just, just last year, you think that on a water pump, there's not a lot of technology that can be accessed. And there's a, there's usually a little teeny, uh, circuit board and that on that circuit board has what they call operational technology. But what they're finding is there's malware on it that allows someone to be able to re access that remotely and they can do all kinds of things in our critical infrastructure with water and our electricity and our communication. So this is, uh, allows DTS to be able to further their, their pilot program to make sure that we're safe here in Utah and protect us and say, and with that, I'm open to any questions.

  3. Speaker (presiding)2:56:57

     Thank you, Representative Brooks. Uh, discussion to the bill. Seeing none. Back to Representative Brooks for summation. I waive. Thank you. Summation has been waived.

  4. Speaker (presiding)2:57:04

     Voting now be open on first substitute HB 1 65 representatives. Let's vote quickly please. Representative Brooks, would you like to vote on your bill? There we go. Seeing all president having voted voting is now closed. First substitute HB 1 65 passes this body with 60 yes votes, zero no votes will be sent to the Senate for its consideration. Let's go to Representative Teuscher.

  5. Rep. Jordan D. Teuscher2:57:56

     Thank you. Thank you, Mr. Speaker. Um, I move that the following bill be lifted from the political subdivision's, uh, house standing committee and return to rules. And that's Senate bill one 31st substitute River Restoration Amendments.

  6. Speaker (presiding)2:58:12

     Uh, thank you representative. That motion is an order. Would you like to speak to it? I

  7. Rep. Jordan D. Teuscher2:58:16

     Would. Um, this is a bill that, uh, actually was assigned already to the political subdivisions committee. It, uh, passed the committee was sent back to rules and we loved it so much. We sent it back over to political subdivisions for another hearing and, uh, uh, realized that it needed to go back to rules for fiscal impact, Trying to double check and scrub those Senate bills.

  8. Speaker (presiding)2:58:36

     Right. Uh, we'll go ahead and place that motion. The motion before us is that the, uh, house lift, uh, SB one 30 from political subdivisions and send it back to rules. All in favor say aye. Any opposed? Roll That motion passes. The bill will be lifted from political subdivisions and sent back to rules. Let's go to Madam Marine Clerk for communications from the Senate.

• Feb 18, 2026 Senate Transportation, Public Utilities, Energy, and Technology Committee▶ Watch
  Transcript (19 turns)

  1. Committee chair30:07

     Good, good, good. Alright. Uh, house bill 1 65 for substitute critical infrastructure amendments.

  2. Rep. Walt Brooks30:14

     Yes. And I'm speaking to the third sub, so if it's appropriate between adopt that sub

  3. Committee chair30:19

     A third sub. Mm-hmm. Okay, we've got that. Do you wanna explain the difference between the first and the third please?

  4. Rep. Walt Brooks30:27

     Right. There was just some consistencies that we try to make through the bill that we already have in code, and that's using, um, federal prohibited, um, materials and, and equipment. And then the second part was instead of calling state, calling it government entities.

  5. Committee chair30:41

     Okay. Thank you. Senator Ipson

  6. Sen. Don L. Ipson30:43

     Third sub. Right. Third sub. I move that we delete entitled and Body House Bill 1 65 for substitute and replace it with third substitute House Bill. 1 65

  7. Committee chair30:56

     Discussion. That motion saying none. All in favor of deleting title and Body House Bill 1 65 for sub replacing with House Bill 1 65. Third sub say Aye. Aye. Aye. Any opposed? I'll rule that passage unanimously now to the substitute to Bill.

  8. Rep. Walt Brooks31:12

     Thank you Mr. Chair. Um, this is actually a small bill, but it's a really important bill. Um, you may have saw just a couple days ago, I guess it was Thursday of last week, where, um, we had a, a press release with the governor talking about some foreign influences buying property and different things. Um, I'm kind of glad that the media didn't get picked up on this part. It was basically me and, um, representative Pucci speaking about these two pieces. Um, because I guess it doesn't flat out explain it, but it really would scare you to death. Our water infrastructure, um, communications and electrical, um, they have components in them that we really didn't realize were that big of a deal. Like a little chini circuit board, we call it operational technology that turns on the pump, it turns off the pump, but what we found, there's malware on them, which means someone else can remotely access them and turn them on and turn them off. And that can do a couple things. One, shut off all the water or dump all the chlorine at one time into the water and, and ruin the water. Um, same thing with communications and electricity. So this is a, a bill that's, um, basically requires all government entities, special districts to, to be able to apply a tool to make sure that there, uh, is or is not malware and that it is shielded, so it can't be remotely accessed. Um, DTS has funding that would be able to help some of the smaller entities to make sure that they can get this done. So with that, I'm open to any questions.

  9. Committee chair32:37

     Thank you very much. Questions from the, the committee? Senator Kwan?

  10. Sen. Karen Kwan32:40

      Thank you Mr. Chair. Um, I'm just wondering, uh, why this bill is only on, um, foreign adversaries. Um, do we already have, uh, programs for domestic adversaries?

  11. Rep. Walt Brooks32:54

      I mean, I would guess that that would still be Issue issue. It would, it would cover domestic as well, but, so this is both. Okay. We have had active threats with it, and so that's where this came from. Okay. Thank you. You're Welcome.

  12. Committee chair33:05

      Thank you. Thank you. Further questions from the committee. Seeing none, who in the public is here to address this?

  13. Committee chair33:11

      Come on up. And then identify yourself,

  14. Tim Davis, Executive Director, Utah Department of Environmental Quality33:15

      Mr. Chair, members of the committee. Uh, Tim Davis. Uh, DEQ, executive Director. It's good to see you all. Um, I'll just say that you, you've already passed through House Bill 19, um, that was Representative Jack's bill related to public water systems and being protected by, uh, cyber from, uh, from cybersecurity attacks. This bill, I think, goes well with it. They're kind of hand in glove to provide assistance and guidance to those public water systems as they're moving forward with, with protecting people's drinking water. So, happy to answer any questions.

  15. Committee chair33:45

      Thank you. Any questions? No one else wishing to testify. We'll bring it back to the committee discussion or action. Senator Ipson.

  16. Sen. Don L. Ipson33:56

      I make a motion that third substitute house bill 1 65. Pass this committee. Go to the full floor of the Senate Discussion of that motion.

  17. Committee chair34:08

      Seeing none representative for summation,

  18. Rep. Walt Brooks34:10

      I waive. Thank you for your time.

  19. Committee chair34:11

      Senator Ipson waive all in favor. Favorably recommending third substitute house Bill 1 65 to the floor. Say aye. Aye. Aye. Any opposed? I'll rule that passes unanimously. Thank you. Committee. Congratulations. Thank you. You have a cherry bill now.

• Feb 25, 2026 Senate floor debate▶ Watch
  Transcript (10 turns)

  1. Senate presiding officer44:07

     Senator Stratton.

  2. Sen. Keven J. Stratton44:09

     Thank you Mr. President. I think we have online a Substitute or an amendment. I think it's an amendment. We're on the third. Oh, we got it. We we did that. Take it. Okay. Very good. Great. Bill. Uh, thank you. We're we're as as, as we look at the threats, one of, you know, one of the great world wars is what we're doing with cybersecurity. And this, this really, uh, uh, creates some safety valves for us and addresses the concerns, prohibits the use of federally banned equipment and critical infrastructure, authorizes voluntary security assessments for critical infrastructure, uh, involving foreign adversary technology. Uh, be glad to answer any questions. Thank you for the presentation.

  3. Senate presiding officer45:04

     Is there discussion to the bill? Seeing none, Senator Stratton to for submission or motion,

  4. Sen. Keven J. Stratton45:15

     we don't have a substitute, right? We Don't. Okay. I, I, okay, thank you. I I move that, uh, third HB 1 65 criminal infrastructure. Be read for the third time And the question is, is shall third substitute house bill 1 65, be read for a third time. Roll call vote.

  5. Unknown speaker45:36

     Senator Vickers Balder Reef. Lewin Aye. Brammer bus Aye. Fillmore as Camilla? Aye. Fillmore a Grover Aye. Kinins No. Ipson Johnson Juab McKay Mikel Milner Musselman Owens pitcher Plum rebe al Aye. Sandal. Okay. Stevenson Stratton Vicars. Let's wait while Weiler Wilson aye Winterton And you, you are on the vote. President Adams? Correct. Okay, I'll come to you.

  6. Senate presiding officer46:25

     Third substitute house Bill 1 65. Having received 23 yay votes, zero na votes, six being absent will be read for a third time. Senator Pitcher.

  7. Sen. Stephanie Pitcher46:37

     Thank you Mr. President Pro Tem, uh, having voted on the prevailing side of Senate Bill 2 69, I'd like to make a motion that we reconsider our actions on that bill.

  8. Senate presiding officer46:46

     Okay. Discussion to the motion. Okay. Senator Pitcher moves on that having, uh, voted on the prevailing side moves to reconsider our actions. All in favor of the motion to reconsider say aye. Aye. Aye. Any opposed? No, I'll rule that passes.

  9. Senate presiding officer47:33

     Okay. Um, we will replace that on the top of the, on the top of the third reading calendar. We will move to the third reading calendar. Senator Pitcher.

  10. Sen. Stephanie Pitcher47:49

      Thank you Mr. President Pro tem.

• Feb 26, 2026 Senate floor debate▶ Watch
  Transcript (8 turns)

  1. Presiding officer (Pro Tem)31:40

     Senator Stratton.

  2. Sen. Keven J. Stratton31:42

     Thank you Mr. P Pro Tem. Uh, what we're doing here, this deals with our critical infrastructure and maintaining it in, in the environment we face today directs our cyber center develop guidance on foreign advers adversarial threats to our critical infrastructure. Uh, forbids the federally abandoned equipment being used in it in our critical infrastructure. Authorizes, uh, voluntary security assessments and our directs, our Utah Cyber Center to interact with our other governmental agencies. One thing is interesting to note. Line 63 68 deals with, uh, recommendations and plan in place. A comprehensive plan to manually operate are critical infrastructure in the event of a, uh, uh, shutdown or an attack that, uh, is really helpful in, in having that as part of our readiness for what may come. With that, be glad to answer any questions, Discussion to the bill.

  3. Presiding officer (Pro Tem)32:50

     Seeing none. Back to you. Senator Stratton. Thank

  4. Sen. Keven J. Stratton32:52

     You all. Waive summation and move that, uh, third substitute HB 1 65 be passed.

  5. Presiding officer (Pro Tem)32:59

     The motion is shall third substitute 1 65 pass. Roll call. Vote. Yeah, I'll call it again. The question is, shall third substitute house bill 1 65 pass.

  6. Senate clerk33:14

     Senator Vickers Baldry Lewin Brammer bus Aye. Palmore Escamilla Fillmore Aye. Grover Harper Kinins Aye. Ipson Johnson Quan McKay Macl Aye. Milner a Musman o Owens pitcher Plum Plum Rebe Sandal Stevenson Stratton Aye. Vickers Bier Aye. Wilson Aye. Winterton Aye. President Adams

  7. Presiding officer (Pro Tem)33:58

     Third substitute house Bill 1 65 Having received 20 yay votes, zero na votes, nine being absent passes and will be returned to the house for further consideration.

  8. Presiding officer (Pro Tem)34:18

     Senator Millner. Senator Millner, thank

• Feb 27, 2026 House floor debate▶ Watch
  Transcript (9 turns)

  1. Speaker (presiding)12:34

     Third substitute House Bill 1 65 Critical infrastructure amendments by Representative Brooks.

  2. Speaker (presiding)12:44

     Representative Brooks. Thank

  3. Rep. Walt Brooks12:46

     You Mr. Speaker. I make a motion that we refuse to concur with the Senate.

  4. Speaker (presiding)12:52

     Thank you representative. That motion is in order, uh, and, uh, refuse to the Concur with the Senate amendments and ask the Senate to recede from their amendments. That is correct. Thank you. Representative.

  5. Rep. Walt Brooks13:05

     Uh, that motion is ordered as I speak to it With all their wisdom. They forgot some things and we need to go address them.

  6. Speaker (presiding)13:13

     Great. Thank you Representative Brooks. Discussion to the motion to refuse to concur with the Senate amendments and ask the Senate to receive permits, amendments on third substitute HB 1 65. Seeing them will go ahead and place the motion. Motion. All all in favor say aye. Aye. Aye. Any opposed? Will that motion passes? The speaker will sign.

  7. Speaker (presiding)13:35speaker not certain

     Uh oh.

  8. Speaker (presiding)13:40

     The bill will be returned to the Senate and ask the Senate to receive from its amendments. Thank you Representative Brooks

  9. Speaker (presiding)13:48

     Board. Madam Reading Clerk

• Mar 2, 2026 House floor debate▶ Watch
  Transcript (1 turns)

  1. Speaker (presiding)38:41

     Discussion to the motion, uh, to adopt the conference committee report. Then we'll go ahead and place the motion, the motion before us the house adopt the conference committee report. All in favor say aye. Aye. Any, any, any nos rule That motion passes, uh, voting will now be open for final passage on four. Substitute HB 1 65. Scene all present, having voted, voting is now closed. Four. Substitute HB 1 65 will be returned to the Senate or having passed with 68 Yes. Votes one. No vote will be returned to the Senate for the signature of the president.