BILL NUMBER: AB 2148	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 12, 2016
	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016
	AMENDED IN ASSEMBLY  MARCH 16, 2016

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  for  
governing the  use   launching, landing, or
ground-based operation  of unmanned aircraft systems, commonly
known as drones,  over   from or on  the
public lands  and waters  managed by each department. In
developing the regulations, the bill would require these state
departments to  consider,   address,  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 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. 
   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  for  
governing  the  use   launching, landing,
or ground-based operation  of unmanned aircraft systems,
commonly known as drones,  over   from or on
 the public lands  and waters  managed by the
department.
   (b) In developing regulations pursuant to subdivision (a), the
department shall  consider   address  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. 
   (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. 
   (c) In developing the regulations, the department shall allow de
minimis access by adjacent landowners for agricultural purposes. 

   (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.  
   (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. 
  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  for  
governing  the  use   launching, landing,
or ground-based operation  of unmanned aircraft systems,
commonly known as drones,  over   from or on
 the public lands and waters  managed by the
department.
   (b) In developing regulations pursuant to subdivision (a), the
department shall  consider   address  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. 
   (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. 
   (c) In developing the regulations, the department shall allow de
minimis access by adjacent landowners for agricultural purposes. 

   (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.  
   (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. 
  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.