BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SJR 18|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SJR 18
Author: Wolk (D), et al.
Amended: 9/1/15
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 8/25/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SUBJECT: Small unmanned aircraft systems.
SOURCE: Great California Drone Debate Project
DIGEST: This resolution urges the President of the United
States and the United States Secretary of Transportation to
allow for the operation of small unmanned aircraft systems by
farmers and rangeland managers pursuant to emergency rules
adopted by the Administration.
ANALYSIS:
Existing federal law:
1)Provides that the Federal Aviation Administration (FAA) shall
regulate aircraft operations conducted in the national
airspace, including unmanned aircraft operations. (49 U.S.C.
Sec. 40103; 49 U.S.C. Sec. 40102(a)(6).)
2)Directs the Secretary of Transportation, in consultation with
representatives of the aviation industry, federal agencies
that employ unmanned aircraft systems technology in the
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national airspace system, and the unmanned aircraft systems
industry, to develop a comprehensive plan to safely accelerate
the integration of civil unmanned aircraft systems into the
national airspace system. (FAA Modernization and Reform Act
of 2012, H.R.658, 112th Congress (2011-2012).)
3)Authorizes the Secretary of Transportation to determine if
certain unmanned aircraft systems may operate safely in the
national airspace system before completion of the plan
required in the above provision. (FAA Modernization and
Reform Act of 2012, H.R.658, 112th Congress (2011-2012).)
This resolution makes the following statements:
In the western United States, water is a vital and scarce
resource, the availability of which has and continues to
circumscribe growth, development, economic well-being, and
environmental quality of life;
The wise use, conservation, development, and management of our
water resources is critical to maintaining human life, health,
safety, and property;
The western United States is currently experiencing serious
drought conditions that are predicted to worsen;
Agricultural irrigation uses a significant amount of water,
making the agricultural sector one of the most important
sectors to examine when considering water conservation;
Even modest improvements in agricultural water use can result
in significant amounts of water not being depleted regionwide,
which can then be utilized elsewhere; and
Precision agricultural management studies have shown that
farmers can reduce the amount of water, fertilizer, and
pesticide needed by their fields by utilizing high-resolution,
high-quality remotely sensed imagery to guide their
application efforts of water, fertilizer, and pesticide.
This resolution makes the following additional statements:
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Small unmanned aircraft systems (sUAS) have the capability to
quickly provide expansive, high-resolution, and high-quality
remotely sensed imagery that can measure specific bands in the
solar spectrum, such as the thermal infrared band, which
allows farmers to better understand and manage their water
use;
The FAA is currently in the process of adopting rules for the
usage of sUAS in agricultural management;
Flights of sUAS, for the purposes of precision agricultural
management, could occur safely at low altitudes, in rural
areas removed from other air traffic and human populations,
and in accordance with the FAA's proposed guidelines;
sUAS have been used in precision agricultural management in
Japan for a decade, successfully optimizing and monitoring the
management of 2.5 million acres of farmland, 40 percent of
which are rice fields, without any significant reported
incidents;
Flights of sUAS also have the capacity for detecting invasive
plant species that deplete high amounts of water such as
yellow star thistle, arundo, tamarisk, and cheatgrass, which
serve no agricultural purpose and removal of which would help
in water conservation efforts; and
The use of sUAS is an emerging technology and has great
promise for the development of models that forecast and
predict economic impacts of droughts and meteorological
phenomena.
This resolution respectfully requests the President of the
United States and the United States Secretary of Transportation,
more specifically the FAA, to allow for the operation of sUAS by
farmers and rangeland managers pursuant to emergency rules
adopted by the administration before the FAA rules for sUAS are
finalized.
This resolution specifies that the emergency rules should be
based on the proposed FAA rules for sUAS that were released in
February 2015 and that incorporate all of the following:
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That the emergency FAA rules for sUAS operation be applicable
to counties located in the western portion of the United
States that are projected to be in drought during the current
growing season, as defined by the National Oceanic and
Atmospheric Association's Seasonal Drought Outlook;
That the emergency FAA rules for sUAS operation allow farmers
to contract with sUAS flight service providers to execute
missions on their behalf in the airspace overlying lands that
they own or control under the proposed FAA rules for sUAS;
That the emergency FAA rules for sUAS operations that allow
universities and government agencies seeking to operate or
procure providers for sUAS missions for drought-related
research or precision management applications be given
expedited approval; and
That the emergency FAA rules for sUAS operation also allow
farmers and rangeland managers to use sUAS imagery to detect
highly water-depletive invasive species on their land or
public lands that they manage.
Background
The development of small unmanned aircraft systems - known
variously as "unmanned aerial vehicles," "remote piloted
aircraft," or simply "drones" - promises to transform the way
Californians interact with each other and their environment.
Just a few decades ago, small aircraft of this type were the
exclusive domain of hobbyists. Within the last decade or so,
the public has become familiar with the military's use of
unmanned aircraft to accomplish certain mission objectives,
ranging from clandestine intelligence gathering to aerial
warfare. However, in December 2013 when Amazon, FedEx, and UPS
announced their plans to integrate unmanned aircraft into their
logistics and delivery services, the possibility of widespread
civilian and commercial adoption of this technology became
clear.
Drone technology holds great promise to transform the way
California's farmers and ranchers manage livestock and
agricultural resources. According to a recent news article:
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For centuries, much of farming has been legwork: walking down
rows, through patches, going plant-by-plant to check for
weeds, bugs, parched soil, any sign of distress. Modern
machinery, soil-testing, computers, and ground-based sensors
have made crop monitoring and tending more efficient, but
still lots goes unnoticed. Even with a trained eye, there
also are inevitably data that can't be detected at scale, such
as nitrogen deficiency or diminished photosynthesis, the
chlorophyll-powered process that is crucial for a healthy
plant. And if one ailing plant is found, what is the impact
on the sometimes hundreds of thousands of plants that surround
it? Farmers were long left to guess.
Not for much longer: Agriculture drones may soon be flying
across America's farmland . . . the impact on the US farm
sector could be huge: billions of dollars in economic returns
and tens of thousands of jobs within only a few years. The
American Farm Bureau Federation estimates farmers'
return-on-investment alone could be $12 per acre for corn and
$2 to $3 per acre for soybeans and wheat.
It's the latest - and most arresting - transformation in the
burgeoning field of precision agriculture, which incorporates
geospatial data and sensors to microtarget fields for better
growth. Or, in other words, a Big Data revolution on the
farm.
. . .
Despite the pervasive idea that drones are primarily useful
for surveillance or warfare, agriculture drones are expected
to make up 80 percent of the future commercial market,
according to the Association for Unmanned Vehicle Systems
International. Yes, they will be deployed as worker bees,
spraying and treating crops, but the potential is much bigger:
Super-high resolution spectral imaging will garner data-driven
insight, allowing for more targeted fertilizing and better use
of water and labor. The need for common fertilizers, such as
nitrogen, as well as herbicides, insecticides, and fungicides
that pollute local waterways could be substantially reduced.
Even for organic farmers, monitoring for disease and drought
could be made far easier. (John Wihbey, Agricultural Drones
May Change the Way We Farm, Boston Globe,
Page 6
J/ story.html [as of Aug. 21, 2015].)
This resolution calls upon the President and the Secretary of
Transportation to allow for the operation of drones by farmers
and rangeland managers pursuant to emergency rules adopted by
the administration before final rules for commercial drone use
are promulgated by the FAA.
Comments
The author writes:
Currently the Federal Aviation Administration (FAA) requires
anyone intending to use a small unmanned aircraft system
(sUAS) for commercial purposes to file for a Section 333
exemption. Precision agriculture is one of the commercial
purposes the FAA allows Section 333 exemptions for. As of
February 2015, the FAA has issued interim rules regulating
sUAS usage for commercial purposes; final regulations are
expected in 2017.
SJR 18 requests that the FAA adopt emergency rules to allow
farmers and rangeland managers to use sUAS for agricultural
management. These rules would be limited to the region
projected to be in drought during the current growing season,
as defined by the National Oceanic and Atmospheric
Association's Seasonal Drought Outlook. Farmers would be able
to contract with sUAS flight service providers, farmers and
rangeland managers could use sUAS imagery to detect
water-depletive invasive species, and universities and
government agencies seeking to use sUAS for drought-related
research will be given expedited approval.
The severity of the current drought in California requires
every means to save water possible, especially agricultural
usage. Every tool available should be utilized to help reduce
water usage.
Related/Prior Legislation
SB 142 (Jackson, 2015) clarifies that the operation of an
unmanned aerial vehicle less than 350 feet above the property of
another, without permission or legal authority, constitutes
trespass. The bill has been enrolled and is awaiting action by
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Governor Brown.
SB 168 (Gaines, 2015) makes it unlawful to knowingly,
intentionally, or recklessly operate an unmanned aircraft in a
manner that prevents or delays the extinguishment of a fire, or
in any way interferes with the efforts of firefighters to
control, contain, or extinguish a fire. The bill also provides
that an emergency responder shall not be liable for any damage
to an unmanned aircraft system if the damage was caused while
the emergency responder was providing, and the unmanned aircraft
system was interfering with, the operation, support, or enabling
of ambulance services, firefighting-related services, or search
and rescue services. The bill is awaiting referral in the
Assembly Rules Committee.
SB 170 (Gaines, 2015) provides that a person who knowingly and
intentionally operates an unmanned aircraft on or above the
grounds of a state prison or a jail is guilty of a misdemeanor,
except as specified. The bill is pending on the Assembly Floor.
SB 262 (Galgiani, 2015) authorizes law enforcement agencies to
use unmanned aircraft systems provided such use complies with
certain conditions, including: search and seizure protections in
the U.S. and California Constitutions; federal law applicable to
unmanned aircraft systems; and state law applicable to law
enforcement agency use of surveillance technology. The bill
also requires law enforcement agencies to receive approval from
their local governing body prior to using unmanned aircraft
systems, and restricts the use of such systems for conducting
surveillance of private property. The bill is pending in the
Senate Judiciary Committee.
SB 271 (Gaines, 2015) makes it an infraction to operate an
unmanned aircraft on the grounds of, or less than 350 feet above
ground level within the airspace overlaying, a public school
providing instruction in kindergarten or grades 1 to 12 during
school hours and without permission of school officials. The
bill exempts specified media and news personnel unless they
receive a request from school officials to cease using an
unmanned aircraft above a school, and also exempts law
enforcement. The bill is pending on the Assembly Floor.
AB 14 (Waldron, 2015) creates the Unmanned Aircraft Systems Task
Force, which is required to research, develop, and formulate a
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comprehensive policy for unmanned aircraft systems in
California. The task force is required to submit, among other
things, a policy draft and suggested legislation pertaining to
unmanned aircraft systems to the Legislature and the Governor on
or before January 1, 2018. The bill is pending reconsideration
in the Assembly Transportation Committee.
AB 56 (Quirk, 2015) prohibits law enforcement agencies from
using unmanned aircraft systems, or contracting for the use of
these systems, unless the law enforcement agency complies with
specified requirements, including the development of a policy
concerning the use of the system, and complies with certain
provisions of state and federal law. The bill prohibits a law
enforcement agency from using an unmanned aircraft system to
surveil private property without a warrant, and requires images,
footage, or data obtained through the use of such a system to be
permanently destroyed within one year, except as specified. The
bill is pending on the Senate Floor.
AB 856 (Calderon, 2015) renders a person liable for physical
invasion of privacy when that person knowingly enters upon the
land of another without permission, including entry into the
airspace above the land, in order to capture any type of visual
image, sound recording, or other physical impression of a person
engaging in a private, personal, or familial activity and the
invasion occurs in a manner that is offensive to a reasonable
person. The bill is pending action in Engrossing and Enrolling.
AB 1327 (Gorell, 2014) would have prohibited public agencies
from using unmanned aircraft systems, or contracting for the use
of these systems, with certain exceptions for law enforcement
agencies acting pursuant to a warrant and in certain other
cases, including when the use or operation of the unmanned
aircraft system achieves the core mission of the agency and the
purpose of use is unrelated to the gathering of criminal
intelligence. The bill would have also required notice by
public agencies intending to deploy unmanned aircraft, would
have required images, footage, or data obtained through the use
of such aircraft to be permanently destroyed within one year
except as specified, and would have prohibited equipping
unmanned aircraft with weapons. The bill was vetoed by Governor
Brown.
SB 15 (Padilla, 2013) would have, among other things, required
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law enforcement agencies to obtain search warrants when using
unmanned aircraft, and would have required that an application
for the search warrant specify the intended purpose for which
the unmanned aircraft would be used. The bill would have also
restricted data collection by unmanned aircraft and would have
prohibited equipping unmanned aircraft with weapons. The bill
died in the Assembly Public Safety Committee.
AB 1524 (Waldron, 2013) would have required any entity that owns
or operates an unmanned aircraft to place identifying
information or digitally store identifying information on the
aircraft. The bill would have exempted model aircraft, and
would have made a person or entity that violates its provisions
liable for a civil fine not to exceed $2,500. The bill was set
for hearing in the Assembly Transportation Committee, but the
hearing was cancelled at the author's request.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified9/1/15)
Great California Drone Debate Project (source)
OPPOSITION: (Verified9/1/15)
None received
Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
9/1/15 21:37:28
**** END ****
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