BILL NUMBER: AB 2148 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 22, 2016
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 amend Section 3003.5 of, and to add Sections 1746 and
2001.5 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: managed
lands or waters: take of fish and wildlife.
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 make it unlawful for any person to launch, land,
or operate an unmanned aircraft system from or within lands,
waters, or airspace managed by the Department of Fish and
Wildlife and Department of Parks and Recreation managed
lands or waters, Recreation, except as
authorized by these departments, or unless exempted from this
prohibition. The bill would authorize the departments to consider
certain factors when reviewing a request for the departments'
authorization for the use of an unmanned aircraft system.
The bill would also make it unlawful to use an unmanned aircraft
system to take, or assist in the take taking
of, fish or wildlife, including, but not limited to, the use of
unmanned aircraft systems for scouting purposes. The bill would
provide that an unmanned aircraft system is a motorized air vehicle
within the meaning of a certain existing prohibition and
thus and, thus, under that prohibition may not
be used to pursue, drive, or herd any bird or mammal, except as
specified. specified, including, among other
things, specified permits and notices.
Because violations of the provisions of the bill would be crimes,
the bill would impose a state-mandated local program.
The bill would provide that certain of 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. It is the intent of the Legislature
that the state fully cooperate with the Federal Aviation
Administration regarding the appropriate division of responsibility
for the regulation of unmanned aircraft systems between the federal
and state governments so that the state may reserve and fully
exercise any and all appropriate authority pursuant to federal laws
as they exist in their current form and as they may be further
amended hereafter.
SECTION 1. SEC. 2. Section 1746 is
added to the Fish and Game Code, to read:
1746. (a) It shall be unlawful for any person to launch, land, or
operate an unmanned aircraft system from department managed
department-managed lands, as defined in Section
1745, or within department-managed airspace, except as
authorized by the department, or unless otherwise exempted from this
section.
(b) In reviewing a request for department authorization for the
use of an unmanned aircraft system, the department may consider any
of the following:
(1) Protecting wildlife and visitors from unnecessary harassment
or disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered, or that have other protected status.
(3) Disruption to 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) The natural, cultural, and historic value of the
department-managed land.
(5) The purpose of the department-managed land.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) Other special purposes as approved by the department.
(b) The prohibition in subdivision (a) pertaining to the operation
of unmanned aircraft systems within department-managed airspace does
not apply to the operation of an unmanned aircraft system by a
person whom the Federal Aviation Administration, whether by permit,
license, rule, or regulation, authorizes to operate a remotely
piloted aircraft for a commercial purpose and that is operated in a
manner that complies with that authorization and the applicable
regulations of the department.
(c) The prohibition in subdivision (a) does not apply to any of
the following:
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) De minimis access by adjacent landowners for agricultural
purposes.
(3)
(2) Legitimate news gathering
news-gathering activity by a person described in Section 1070
of the Evidence Code.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration, whether by permit, license, rule, or regulation,
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(d) The department may draft regulations consistent with this
section and the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
(e) In reviewing a request to use an unmanned aircraft system and
in drafting the regulations authorized pursuant to subdivision (d),
the department may consider any of the following:
(1) Protection of wildlife and visitors from harassment or
disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may
have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the
department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) Other special purposes as approved by the department.
(e)
(f) 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. SEC. 3. Section 2001.5 is
added to the Fish and Game Code, to read:
2001.5. It shall be unlawful to use an unmanned aircraft system
to take, or assist in the take taking
of, fish or wildlife, including, but not limited to, the use of
unmanned aircraft systems for scouting purposes.
SEC. 3. SEC. 4. Section 3003.5 of
the Fish and Game Code is amended to read:
3003.5. It is unlawful to pursue, drive, or herd any bird or
mammal with any motorized water, land, or air vehicle, including, but
not limited to, a motor vehicle, airplane, unmanned aircraft system,
powerboat, or snowmobile, except in any of the following
circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe. With respect
to unmanned aircraft systems, this subdivision shall include a
lawful predation permit issued by the department, notice to the
department of the inten ded use of an unmanned aircraft
system, approval from the department, and notice to the landowner.
(c) In the pursuit of agriculture.
SEC. 4. SEC. 5. 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) It shall be unlawful for any person to launch, land, or
operate an unmanned aircraft system from Department of
Parks and Recreation managed lands or waters,
department-managed lands or waters or within department-managed
airspace, except as authorized by the department, or unless
otherwise exempted from this article.
(b) In reviewing a request for department authorization for the
use of an unmanned aircraft system, the department may consider any
of the following:
(1) Protecting wildlife and visitors from unnecessary harassment
or disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered, or that have other protected status.
(3) Disruption to 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) The natural, cultural, and historic value of the managed land
or water.
(5) The purpose of the department managed land or water.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) Other special purposes as approved by the department.
(b) The prohibition in subdivision (a) pertaining to the operation
of unmanned aircraft systems within department-managed airspace does
not apply to the operation of an unmanned aircraft system by a
person whom the Federal Aviation Administration, whether by permit,
license, rule, or regulation, authorizes to operate a remotely
piloted aircraft for a commercial purpose and that is operated in a
manner that complies with that authorization and the applicable
regulations of the department.
(c) The prohibition in subdivision (a) does not apply to any of
the following:
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) De minimis access by adjacent landowners for agricultural
purposes.
(3)
(2) Legitimate news gathering
news-gathering activity by a person described in Section 1070
of the Evidence Code.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration, whether by permit, license, rule, or regulation,
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(d) The department may draft regulations consistent with this
section and the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
(e) In reviewing a request to use an unmanned aircraft system and
in drafting the regulations authorized pursuant to subdivision (d),
the department may consider any of the following:
(1) Protection of wildlife and visitors from harassment or
disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may
have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the
department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) Other special purposes as approved by the department.
(e)
(f) 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. 5. SEC. 6. 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.