BILL ANALYSIS Ó SB 142 Page 1 SENATE THIRD READING SB 142 (Jackson) As Amended June 30, 2015 Majority vote SENATE VOTE: 24-9 ------------------------------------------------------------------ |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 | | | | | | | | | | | | ------------------------------------------------------------------ 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 Page 3 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 Page 4 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 Page 5 Jennie Bretschneider / P. & C.P. / (916) 319-2200 FN: 0001249