Amended in Assembly April 12, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2148

Introduced by Assembly Member Holden

February 17, 2016

An act to add Section 714.5 to the Fish and Game Code, and to add Article 4 (commencing with Section 5085) to Chapter 1.2 of Division 5 of the Public Resources Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 2148, as amended, Holden. Unmanned aircraft systems: regulation.

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing law establishes both the Department of Fish and Wildlife and the Department of Parks and Recreation in the Natural Resources Agency. begin insert A violation of any rule or regulation made or adopted by the Department of Fish and Wildlife pursuant to the Fish and Game Code is a misdemeanor. A violation of the rules and regulations established by the Department of Parks and Recreation to protect the state park system is punishable as either a misdemeanor or an infraction. end insert

This bill would begin delete require end delete begin insert require, on or before January 1, 2018, end insert the Department of Fish and Wildlife and the Department of Parks and Recreation to develop begin delete guidelines end delete begin insert regulations end insert for the use of unmanned aircraft systems, commonly known as drones, over the public lands managed by each department. begin insert In developing the regulations, the bill would require these state departments to consider, among other things, protecting wildlife from unnecessary harassment or disturbance and protecting the natural, cultural, and historic values of state lands. Because violations of these regulations could be crimes, the bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 714.5 is added to the Fish and Game
Code, to read:

714.5.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert On or before January 1, 2018, the end insert begin insert end insert Department
of Fish and Wildlife shall develop begin delete guidelines end delete begin insert regulations end insert for the
use of unmanned aircraft systems, commonly known as drones,
over the public lands managed by the department.

begin insert

(b) In developing regulations pursuant to subdivision (a), the
department shall consider all of the following:

end insert begin insert

(1) Protecting wildlife from unnecessary harassment or
disturbance.

end insert begin insert

(2) Protecting sensitive species, including those listed as
threatened or endangered, or that have other protected status.

end insert begin insert

(3) Protecting wildlife at times of the year where incidents may
have disproportionate effects, including, but not limited to, during
nesting, breeding, gestation, and migration seasons.

end insert begin insert

(4) Protecting the natural, cultural, and historic values of state
lands.

end insert begin insert

(5) Permitting the appropriate use of unmanned aircraft systems
for conservation and scientific research purposes.

end insert begin insert

(c) In developing the regulations, the department shall consider
de minimis access by adjacent landowners for agricultural
purposes.

end insert

SEC. 2.  

Article 4 (commencing with Section 5085) is added
to Chapter 1.2 of Division 5 of the Public Resources Code, to read:

 

Article 4.  Unmanned Aircraft Systems

 

5085.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert On or before January 1, 2018, the end insert begin insert end insert Department
of Parks and Recreation shall develop begin delete guidelines end delete begin insert regulations end insert for
the use of unmanned aircraft systems, commonly known as drones,
over the public lands managed by the department.

begin insert

(b) In developing regulations pursuant to subdivision (a), the
department shall consider all of the following:

end insert begin insert

(1) Protecting wildlife from unnecessary harassment or
disturbance.

end insert begin insert

(2) Protecting sensitive species, including those listed as
threatened or endangered, or that have other protected status.

end insert begin insert

(3) Protecting wildlife at times of the year where incidents may
have disproportionate effects, including, but not limited to, during
nesting, breeding, gestation, and migration seasons.

end insert begin insert

(4) Protecting the natural, cultural, and historic values of state
lands.

end insert begin insert

(5) Permitting the appropriate use of unmanned aircraft systems
for conservation and scientific research purposes.

end insert begin insert

(c) In developing the regulations, the department shall consider
de minimis access by adjacent landowners for agricultural
purposes.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert