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. 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.
This bill would require, on or before January 1, 2018, the Department of Fish and Wildlife and the Department of Parks and Recreation to develop regulations for the use of unmanned aircraft systems, commonly known as drones, over the public lands managed by each department. 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.
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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 714.5 is added to the Fish and Game
2Code, to read:
(a) On or before January 1, 2018, the Department of
4Fish and Wildlife shall develop regulations for the use of unmanned
5aircraft systems, commonly known as drones, over the public lands
6managed by the department.
7(b) In developing regulations pursuant to subdivision (a), the
8department shall consider all of the following:
9(1) Protecting wildlife from unnecessary harassment or
10disturbance.
11(2) Protecting sensitive species, including those listed as
12threatened or endangered, or that have other protected status.
13(3) Protecting wildlife at times of the year where incidents may
14have disproportionate effects, including, but not limited to, during
15nesting, breeding, gestation, and migration seasons.
16(4) Protecting the natural, cultural, and historic values of state
17lands.
18(5) Permitting the appropriate use of unmanned aircraft systems
19for conservation and scientific research purposes.
20(c) In developing the regulations, the department shallbegin delete considerend delete
21begin insert allowend insert de minimis access by adjacent landowners for agricultural
22purposes.
Article 4 (commencing with Section 5085) is added
2to Chapter 1.2 of Division 5 of the Public Resources Code, to read:
3
(a) On or before January 1, 2018, the Department of
7Parks and Recreation shall develop regulations for the use of
8unmanned aircraft systems, commonly known as drones, over the
9public lands managed by the department.
10(b) In developing regulations pursuant to subdivision (a), the
11department shall consider all of the following:
12(1) Protecting wildlife from unnecessary harassment or
13disturbance.
14(2) Protecting sensitive species, including those listed as
15threatened or endangered, or that have other protected status.
16(3) Protecting wildlife at times of the year where incidents may
17have disproportionate effects, including, but not limited to, during
18nesting, breeding, gestation, and migration seasons.
19(4) Protecting the natural, cultural, and historic values of state
20lands.
21(5) Permitting the appropriate use of unmanned aircraft systems
22for conservation and scientific research purposes.
23(c) In developing the regulations, the department shallbegin delete considerend delete
24begin insert allowend insert de minimis access by adjacent landowners for agricultural
25purposes.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
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