BILL ANALYSIS Ó
SB 142
Page 1
SENATE THIRD READING
SB
142 (Jackson)
As Amended June 30, 2015
Majority vote
SENATE VOTE: 24-9
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |11-0 |Gatto, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Chau, Cooper, | |
| | |Dababneh, Dahle, | |
| | |Gordon, Low | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |9-1 |Mark Stone, Weber, |Wagner |
| | |Alejo, Chau, Chiu, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Maienschein, Thurmond | |
| | | | |
| | | | |
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SB 142
Page 2
SUMMARY: Creates property rights in the airspace up to 350 feet
above private property with regard to the use of an unmanned
aircraft system (UAS). Specifically, this bill:
1)Creates a trespass violation for operating an unmanned
aircraft or UAS less than 350 feet above ground over private
property without consent or legal authority.
2)Clarifies that this bill does not impair or limit otherwise
lawful activities of law enforcement personnel, employees of
government agencies, or other public or private entities
having a right of entry onto the private property.
3)Clarifies that the Public Utilities Code definition of
"aircraft" does not include UAS.
4)Clarifies that nothing in these provisions is intended to
limit the rights and defenses related to a trespass claim
available at common law.
5)Defines the terms "unmanned aircraft" and "unmanned aircraft
system".
EXISTING LAW:
1)Establishes that ownership of real property (land or water)
includes ownership of the airspace above the property, subject
to the right of flight as permitted by federal authority.
(Public Utilities Code (PUC) Section 21402)
SB 142
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2)Specifies that flight by aircraft is lawful, unless at
altitudes below those prescribed by federal authority. (PUC
Section 21403)
3)Defines "aircraft" to mean any manned contrivance used or
designed for navigation of, or flight in, the air requiring
certification and registration as prescribed by federal
statute or regulation. (PUC Section 21012)
4)Establishes damages for certain trespass claims, i.e.,
wrongful occupation of real property claims, as follows:
a) The value of using the property, where the "value" is
the greater of the reasonable rental value or the benefits
obtained by the wrongful occupation;
b) The reasonable cost of repair or restoration of the
property to its original condition; and
c) The costs, if any, of recovering possession. (Civil
Code Section 3334)
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: In 2012, Congress required the Federal Aviation
Administration (FAA) to establish a framework of regulations for
safely integrating UAS into the national airspace. The FAA is
still in the process of developing those regulations, and it is
unclear whether the FAA will regulate UAS at heights below 500
feet.
SB 142
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In the meantime, incidents of UAS hovering outside windows and
over backyards have proliferated as UAS devices have become more
affordable to hobbyists. In a 2014 survey by Pew Research
Center and Smithsonian magazine, 63% of respondents said it
would be a change for the worse "if personal and commercial
drones are given permission to fly through most U.S. airspace."
Privacy concerns were a frequent sentiment expressed by
respondents.
Commercial applications for UAS are also growing exponentially.
UAS gives the news media economical and environmentally friendly
access to aerial views of traffic, storms, and other events when
compared to the current use of helicopters and other manned
aircraft. The agricultural industry uses UAS to observe and
measure crops while conserving resources and avoiding the use of
heavy equipment. And UAS may become the future delivery system
for mail order and Internet companies, such as Amazon.
This bill establishes a property right in the airspace up to 350
feet directly above private property, so that UAS cannot be
flown lower than 350 feet over private land, homes, or buildings
without permission of the property owner or tenant. The author
contends that 350 feet is a reasonable demarcation given that
people should have a right to a UAS-free zone over their
property, balanced with the need for a UAS transit zone below
500 feet, above which is generally reserved for manned flight
under FAA regulations.
This bill also clarifies that law enforcement has the authority
to use UAS over private property at any height, as provided by
law.
Analysis Prepared by:
SB 142
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Jennie Bretschneider / P. & C.P. / (916)
319-2200
FN: 0001249