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