BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 142


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          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


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          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)  









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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.   










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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:                                             








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                          Jennie Bretschneider / P. & C.P. / (916)  
                          319-2200                                       
          FN: 0001249