Amended in Assembly May 12, 2016

Amended in Assembly April 25, 2016

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. 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 begin delete for end delete begin insert governing end insert the begin delete use end delete begin insert launching, landing, or ground-based operation end insert of unmanned aircraft systems, commonly known as drones, begin delete over end delete begin insert from or on end insert the public lands begin insert and waters end insert managed by each department. In developing the regulations, the bill would require these state departments to begin delete consider, end delete begin insert address, end insert 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.

begin insert

The bill would provide that its provisions are severable and do not apply to the operation of an unmanned aircraft system by any person who the Federal Aviation Administration authorizes to operate a remote piloted aircraft for a commercial purpose and who operates it in a manner that complies with that authorization.

end 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.

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 1.  

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

714.5.  

(a) On or before January 1, 2018, the Department of
Fish and Wildlife shall develop regulations begin delete for end delete begin insert governing end insert the begin delete use end delete
begin insert launching, landing, or ground-based operation end insert of unmanned
aircraft systems, commonly known as drones, begin delete over end delete begin insert from or on end insert the
public lands begin insert and waters end insert managed by the department.

(b) In developing regulations pursuant to subdivision (a), the
department shall begin delete consider end delete begin insert address end insert all of the following:

(1) Protecting wildlife from unnecessary harassment or
disturbance.

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

(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.

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

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

begin insert

(6) Ensuring that unmanned aircraft systems are not operated
in a careless or reckless manner, including ensuring that operators
adhere to visual line-of-sight practices.

end insert

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

begin insert

(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration authorizes to operate a remote piloted aircraft for
a commercial purpose and who operates it in a manner that
complies with that authorization.

end insert begin insert

(e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

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.  

(a) On or before January 1, 2018, the Department of
Parks and Recreation shall develop regulations begin delete for end delete begin insert governing end insert the
begin delete use end delete begin insert launching, landing, or ground-based operation end insert of unmanned
aircraft systems, commonly known as drones, begin delete over end delete begin insert from or on end insert the
public lands begin insert and waters end insert managed by the department.

(b) In developing regulations pursuant to subdivision (a), the
department shall begin delete consider end delete begin insert address end insert all of the following:

(1) Protecting wildlife from unnecessary harassment or
disturbance.

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

(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.

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

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

begin insert

(6) Ensuring that unmanned aircraft systems are not operated
in a careless or reckless manner, including ensuring that operators
adhere to visual line-of-sight practices.

end insert

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

begin insert

(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration authorizes to operate a remote piloted aircraft for
a commercial purpose and who operates it in a manner that
complies with that authorization.

end insert begin insert

(e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

end insert

SEC. 3.  

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.