BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 14


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          Date of Hearing:  April 13, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 14  
          (Waldron) - As Amended March 26, 2015


          SUBJECT:  Unmanned aircraft systems:  task force


          SUMMARY:  Establishes the Unmanned Aircraft Systems (UAS) Task  
          Force to develop a comprehensive policy for the use of UAS in  
          California.  Specifically, this bill:  


          1)Creates the UAS Task Force, to be operational until January 1,  
            2018. 


          2)Requires the task force to take all actions necessary to  
            research, develop, and formulate a comprehensive policy for  
            UAS to promote aviation, aerospace, agricultural, public  
            safety and technology industry uses throughout the state,  
            including:


             a)   Reviewing regulations and guidance from the Federal  
               Aviation Administration (FAA) regarding UAS;


             b)   Advising the Governor, the Governor's Office of Business  
               and Economic Development, and the Legislature regarding FAA  
               policy development, task force activities, and public  








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               comment;


             c)   Providing written recommendations and suggested  
               legislation;


             d)   Studying the private use of UAS to encourage development  
               of the UAS industry;


             e)   Evaluating complaints and concerns that are expressed to  
               the task force regarding the use of UAS;


             f)   Making recommendations with respect to ensuring that UAS  
               users comply with applicable laws; and


             g)   Encouraging communication and resource sharing among  
               individuals and organizations involved in the aviation,  
               aerospace, agriculture, government, and technology  
               industry, including business, the military, and academia.


          3)Requires the task force to submit any written recommendations,  
            suggested legislation, and any other documents it prepares to  
            the Legislature and the Governor on or before January 1, 2018.


          4)Specifies that the task force shall consist of 10 members:


             a)   The Adjutant General of the Military Department, or his  
               or her designee, who shall be an ex-officio member;


             b)   Three members appointed by the Governor, including a  
               member representing the California University System, a  








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               member representing agriculture, and a member from the  
               Governor's economic development group;


             c)   Three members appointed by the Senate Committee on  
               Rules, including a member representing the aerospace  
               industry, a member representing the Academy of Model  
               Aeronautics, and a member representing law enforcement;  
               and,


             d)   Three members appointed by the Speaker of the Assembly,  
               including a member representing business and industry and  
               two public members who have participated in the UAS  
               industry and who have experience operating UAS.


          5)Authorizes the task force to meet as frequently as necessary  
            to carry out its responsibilities.


          6)Specifies that the members of the task force shall serve  
            without compensation, but shall receive a per diem of $100 and  
            reimbursement for actual and necessary expenses incurred in  
            connection with the performance of their duties.


          7)Authorizes the task force to appoint an executive director,  
            who may employ staff upon approval by the task force.


          8)Specifies that the task force shall be funded by an  
            appropriation in the annual Budget Act.


          9)Makes findings related to the need for California to have a  
            comprehensive policy for the operation of UAS.










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          EXISTING LAW:  Generally tasks the FAA with regulating aircraft  
          operations conducted within the national airspace, including the  
          operation of unmanned aircraft.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Currently, the use of unmanned aircraft, commonly  
          referred to as drones, in the skies over California is fairly  
          restricted.  Congress effectively closed the national airspace  
          to commercial drone flights in the FAA Modernization and Reform  
          Act of 2012 (Act), which established a framework for safely  
          integrating unmanned aircraft into the national airspace no  
          later than September 30, 2015.  The Act does, however, permit  
          certain commercial unmanned aircraft operations to take place  
          before the integration framework is implemented.  Section 333 of  
          the Act authorizes the Secretary of Transportation to establish  
          special interim requirements for the operation of these aircraft  
          by designated operators, provided the aircraft and their  
          operators meet certain minimum standards and have applied for a  
          commercial use exemption.  To date, a handful of commercial  
          operators have applied for and received permission to fly  
          commercial drones, including several film production companies;  
          construction, surveying, and inspection companies; and a number  
          of real estate firms.  The Act also sets out a separate interim  
          operation exemption for "public unmanned aircraft," allowing  
          public agencies like police departments to operate drones upon  
          application, provided the aircraft and their operators meet  
          certain minimum standards.


          FAA authority preempts state or local government from enacting a  
          statute or regulation concerning certain aspects of the  
          operation of aircraft in the national airspace.  However, states  
          and local governments generally retain authority to limit the  
          aeronautical activities of their own departments and  
          institutions.  In addition, under the Act, Congress provided  
          that certain small UAS operated away from airports and air  








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          traffic and near the ground level are exempt from federal  
          regulation, if they are flown for exclusively recreational,  
          non-commercial purposes.  Specifically, the Reauthorization Act  
          prohibits the FAA from issuing rules limiting or prohibiting  
          model, hobby or recreational use aircraft so long as: 1) the  
          aircraft is less than 55 pounds; 2) the aircraft does not  
          interfere with and gives way to any manned aircraft; 3) the  
          aircraft is operated in accordance with a community-based set of  
          safety guidelines and within the programming of a nationwide  
          community-based organization; 4) the aircraft is flown within  
          the line of sight of the operator and used solely for hobby or  
          recreational purposes; and 5) the operator of the model aircraft  
          notifies both the airport operator and air traffic control tower  
          if the aircraft is flown in an area within five miles of an  
          airport.  As a result, private citizens are piloting most of the  
          drones seen in California today.   


          This bill creates the 10-member UAS Task Force for the purpose  
          of formulating a comprehensive policy for the operation of UAS  
          in California that is consistent with FAA regulations and  
          guidelines.  The task force would not have any specific  
          authority to implement policy, but would instead be tasked with  
          making recommendations, including suggested legislation, to the  
          Governor and the Legislature.  The task force would operate  
          through 2016.  The author introduced the bill to ensure that  
          California is ready once the FAA finally opens the national  
          airspace for broad commercial drone use, at which point the  
          number of drones in the skies is anticipated to skyrocket. 


          Argument in support:  The Silicon Valley chapter of the  
          Association of Unmanned Vehicle Systems International argues  
          that the creation of a UAS Task Force "will give our industry  
          the opportunity to hear, discuss and resolve issues of public  
          policy before problems arise, and simultaneously provide real  
          time information to legislators and government entities  
          pertaining to this rapidly changing technology."









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          Arguments in opposition:  Consumer Watchdog and Privacy Rights  
          Clearinghouse both argue that "the Legislature should be able to  
          consider and debate the merits of this technology and develop  
          necessary regulations concerning its use without the need for a  
          government task force."


          Committee concerns:  The need for a UAS Task Force is unclear.   
          The Legislature has grappled with dozens of UAS-related bills in  
          the past several years and will hear several more this year. The  
          Legislative process provides ample opportunity for interested  
          parties to weigh in on these bills and debate their relative  
          merits.  It is not clear what a separate task force would  
          provide that cannot already be accomplished through the  
          Legislative process. 

          Double referral:  This bill will be referred to the Assembly  
          Privacy and Consumer Protection Committee should it pass out of  
          this committee.

          Related legislation:  AB 56 (Quirk), among other provisions,  
          generally prohibits public agencies from using UAS with certain  
          exceptions applicable to law enforcement agencies and in certain  
          other cases, including when the use of the UAS achieves the core  
          mission of the agency and the purpose is unrelated to the  
          gathering of criminal intelligence.  AB 56 is scheduled to be  
          heard in the Assembly Public Safety Committee on April 14, 2015.


          SB 142 (Jackson), clarifies that the operation of an unmanned  
          aerial vehicle below the navigable airspace overlying the  
          property of another without permission constitutes trespass, and  
          that using such a vehicle in trespass to capture images or  
          recordings of individuals engaged in personal or familial  
          activities constitutes physical invasion of privacy.  SB 142  
          passed the Senate Judiciary Committee on April 7.










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          SB 170 (Gaines), makes it a misdemeanor to intentionally operate  
          a UAS below the navigable airspace overlaying a state prison or  
          jail.  SB 170 would additionally make a person who uses a UAS to  
          bring alcohol, controlled substances, or deadly weapons into a  
          state prison or jail subject to the imposition of a one-year  
          sentence or a doubled fine.  SB 170 is scheduled to be heard in  
          the Senate Public Safety Committee on April 14.


          SB 262 (Galgiani and Anderson), authorizes law enforcement  
          agencies to use UAS if the use complies with protections against  
          unreasonable searches guaranteed by the United States  
          Constitution and the California Constitution, federal law  
          applicable to the use of UAS by a law enforcement agency, and  
          state law applicable to a law enforcement agency's use of  
          surveillance technology that can be attached to UAS.  SB 262 is  
          scheduled to be heard in the Senate Public Safety Committee on  
          April 14.


          SB 263 (Gaines), prohibits a person subject to certain  
          protective orders from operating a UAS in a way that causes an  
          unmanned aircraft to fly within the prohibited distance of the  
          other person, or from capturing images of the other person by  
          using a UAS.  SB 263 has not been referred to a policy  
          committee.


          SB 271 (Gaines), makes it an infraction to use a UAS to capture  
          images of K-12 public school grounds during school hours without  
          the written permission of the school principal or an equivalent  
          school authority.  SB 271 is scheduled to be heard in the Senate  
          Public Safety Committee on April 14.


          REGISTERED SUPPORT / OPPOSITION:











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          Support


          Silicon Valley Chapter, Association of Unmanned Vehicle Systems  
          International


          Southwest California Legislative Council




          Opposition


          Consumer Watchdog


          Privacy Rights Clearinghouse




          Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093