California Legislature—2013–14 Regular Session

Assembly Bill No. 737

Introduced by Assembly Member Fox

February 21, 2013

An act to add Article 7 (commencing with Section 12100.1) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to unmanned aircraft systems, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 737, as introduced, Fox. Governor’s Office of Business and Economic Development: unmanned aircraft systems: test sites.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration (FAA) to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. Existing federal law requires the administrator to establish a program, as prescribed, to integrate unmanned aircraft systems into the national airspace system at 6 test sites. Pursuant to this requirement, the administrator announced a request for proposals from state and local governments to establish these test sites.

Existing law establishes the Governor’s Office of Business and Economic Development, under the control of a director who is responsible to the Governor, to serve as the Governor’s lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals.

This bill would require the director to prepare a proposal to establish a test site in California and to consult with an advisory commission and specified local governments in developing the proposal. This bill would require a local government that submits a proposal to the FAA to also send a copy of the proposal to specified state entities, thereby imposing a state-mandated local program. This bill would require the director to submit the proposal to the FAA if a local government does not submit a proposal to the FAA by a specified date.

By requiring a local government to perform additional duties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California has experienced deeper and more sustained job
losses in the aerospace manufacturing industry than the rest of the
country has in this industry over the last two decades. From 1990
through 2012, payrolls in California’s aerospace manufacturing
industry fell by 65.9 percent compared to a 34.6 percent decrease
in the rest of the country and a 43.7 percent decrease in the country
as a whole.

(b) In 2010, employment in California’s aerospace
manufacturing industries totaled 109,700 jobs. Over three-fifths
of these jobs were in the aerospace products and parts
manufacturing sector, and the remainder were in the search,
detection, guidance, aeronautical, and nautical systems and
instruments manufacturing sector. The aerospace manufacturing
industry paid wages totaling $10.7 billion in 2010. Nearly three
out of every ten jobs in the American guided missiles and space
vehicles manufacturing industry were located in California in 2010.

(c) On February 14, 2012, President Obama signed into law the
Federal Aviation Modernization and Reform Act of 2012. The act
requires the Federal Aviation Administration to designate six sites
throughout the United States as unmanned aircraft systems test
sites in order to safely integrate unmanned aircraft systems into
the national airspace system.

(d) Unmanned aircraft systems represent one of the fastest
growing segments of the aerospace industry. Given the potential
for defense-related cutbacks currently under discussion at the
national level, it is in California’s interest to pursue the location
of an unmanned aircraft systems test site in California.

(e) The expanded use of unmanned aircraft systems represents
a major step in aviation innovation and will present economic
opportunities for the communities that are selected for these test
sites and for the aerospace industry.

(f) A study conducted by the Association for Unmanned Vehicle
Systems International indicates that the industry has the potential
to create 100,000 jobs in the provision of unmanned aircraft in the
two largest markets for unmanned aircraft, namely agriculture and
public safety.

(g) California has a well-established and highly developed
aerospace industry that has a skilled and experienced workforce
and a tradition of entrepreneurship and innovation.

(h) California has a network of educational and research
institutions that has helped foster innovation in the aerospace
industry and develop a high technology sector.

(i) Aerospace manufacturing jobs are high-paying jobs providing
liveable wages that spur economic growth.

(j) The development of a coordinated proposal for California
to establish an unmanned aircraft systems test site can be
accomplished only by bringing together advocates, policymakers,
industry, local governments, and the public to address concerns,
obtain information, research issues, and evaluate alternative
proposals.

SEC. 2.  

Article 7 (commencing with Section 12100.1) is added
to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government
Code, to read:

 

Article 7.  Unmanned Aircraft Systems Test Sites

 

12100.1.  

(a) The director shall prepare a proposal to establish
an unmanned aircraft systems test site in California according to
the directions contained in the Federal Aviation Administration’s
Screening Information Request DTFACT-13-R-00002. The director
shall complete the preparation of this proposal no later than April
15, 2013.

(b) In preparing a proposal, the director shall consult with the
advisory commission established in Section 12100.2 and with local
governments that have demonstrated an interest in establishing a
test site.

12100.2.  

(a) The Advisory Commission on Unmanned Aircraft
Systems is hereby established to advise the director on a proposal
to establish a test site in California.

(b) The commission shall consist of nine members who shall
be appointed as follows:

(1) The Office of Planning and Research shall appoint one
member from its agency.

(2) The Military Department shall appoint one member from
its agency.

(3) The Department of Veterans Affairs shall appoint one
member from its agency.

(4) The Employment Development Department shall appoint
one member from its agency.

(5) The Department of Transportation shall appoint one member
from its agency.

(6) The director shall appoint four representatives from the
aerospace industry as follows:

(A) One member who is employed by an aerospace company
in a capacity relating to supply chain management.

(B) One member from an aerospace company that conducts its
business internationally.

(C) One member from an aerospace company that has its
headquarters in California.

(D) One member from the California Unmanned Aircraft
Systems Portal Consortium.

12100.3.  

A local government that submits a proposal to
establish a test site to the Federal Aviation Administration shall
also send a copy of the proposal to the director, the Governor, the
Assembly Select Committee on Aerospace, and the Senate
Committee on Energy, Utilities and Communications.

12100.4.  

If a local government does not submit a proposal to
the Federal Aviation Administration by April 15, 2013, the director
shall submit the proposal developed pursuant to Section 12100.1
to the Federal Aviation Administration on or before May 6, 2013.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

SEC. 4.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to develop a coordinated proposal to establish an
unmanned aircraft systems test site in California before the deadline
set by the Federal Aviation Administration, it is necessary that this
act take effect immediately.