BILL ANALYSIS Ó
AB 2148
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2148 (Holden)
As Amended August 19, 2016
Majority vote
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|ASSEMBLY: |57-18 |(May 19, 2016) |SENATE: |26-13 |(August 23, |
| | | | | |2016) |
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Original Committee Reference: P. & C.P.
SUMMARY: Prohibits the launching, landing, or operation of
unmanned aircraft systems (UAS) from lands, waters and airspace
managed by the California Department of Fish and Wildlife (CDFW)
or the Department of Parks and Recreation (DPR), except as
authorized by DPR or CDFW by regulation or permit.
The Senate amendments:
1)Remove the requirement for CDFW and DPR (the Departments) to
develop regulations governing the operation of UAS.
2)Prohibit any person from operating a UAS in, or fly a UAS
over, the Departments' managed lands or waters, except as
authorized by the Departments or otherwise exempted from the
bill.
AB 2148
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3)Prohibit using a UAS to take, or assist in the taking of, fish
or wildlife for sport purposes, including, but not limited to,
using a UAS for scouting purposes.
4)Prohibit using a UAS to pursue, drive, or herd any bird or
mammal, with the following exceptions:
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) Under a lawful depredation permit issued by the
Department of Fish and Wildlife (CDFW), which includes
notice to CDFW of the intended UAS use, approval by CDFW,
and notice to the landowner; or
c) In the pursuit of agriculture.
5)Exempt from the operational prohibitions of this bill:
a) State agencies;
b) Federal Aviation Administration (FAA) authorized
commercial UAS operations; and
c) Legitimate news-gathering activity, as defined.
6)Authorize the Departments to draft regulations consistent with
this bill.
7)Specify that in drafting regulations, the Departments will
maintain the authority to limit or revoke approval requests
for the use of UAS due to changing natural conditions or land
management requirements.
8)Specify that in reviewing a request to authorize UAS use and
in drafting regulations, the Departments may consider
specified purposes or priorities.
AB 2148
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9)Express that it is the intent of the Legislature that the
state fully cooperates with the FAA regarding the regulation
of UAS.
10)Make other technical and nonsubstantive changes.
EXISTING LAW: Federal law authorizes the FAA to regulate
airspace use, including air traffic control, air safety, and
aircraft noise. FAA is required to integrate UAS into the
national airspace system. Under federal regulations, UAS use in
national parks is banned without a permit.
Under existing state regulations, the use of aircraft (or
parachutes, hang gliders, parasails, and balloons) is prohibited
below 500 feet over a state park unless specifically authorized
by DPR. A person is prohibited from engaging in recreational
activities in state parks that endanger the safety of persons,
property or resources, or interfere with visitor activities,
except as permitted by DPR. Existing law also makes it unlawful
to pursue, drive or herd any bird or animal with any motorized
water, land, or air vehicle, including an airplane, with
specified exceptions and also makes it unlawful to shoot or
shoot at a bird or mammal with a gun or other device accessed
via an Internet connection.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)No additional cost to [DPR], which is currently developing a
regulation consistent with the requirements of this bill.
2)Unknown, likely significant, costs for CDFW to modify an
existing regulation that generally encompasses use of aircraft
over department lands.
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3)Potential, likely minor, additional enforcement costs to both
departments, which may be offset to some extent by additional
penalty revenue resulting from the new crime created in this
bill. Note that the bill does not specify a penalty.
COMMENTS: This bill makes it unlawful to operate a UAS in or
over lands or waters managed by the DPR and CDFW, unless
specifically authorized by regulation or permit. The bill lists
several considerations for DPR and CDFW to consider in drafting
regulations and permitting UAS use. This bill provides
exemptions for state agencies, FAA-authorized UAS operations,
and legitimate news-gathering.
This bill also makes it unlawful to use UAS to take fish and
wildlife or use UAS to scout for fish and wildlife, unless
specifically permitted by CDFW. This bill makes it unlawful to
pursue, drive or herd any bird or mammal with a UAS, except to
scare away wildlife that may cause damage to private property,
in pursuit of agriculture, or as permitted by CDFW.
Analysis Prepared by:
Jennie Bretschneider / P. & C.P. / (916)
319-2200
FN: 0004902