SB 167,
as amended, Gaines. begin deleteCalifornia Global Warming Solutions Act of 2006. end deletebegin insertForest fires: interference: unmanned aircraft.end insert
Existing law prohibits specified behavior at forest fire sites, including disobeying the lawful orders of a public officer or firefighter or interfering with the lawful efforts of a firefighter to extinguish the fire, and makes this proscribed activity a misdemeanor, punishable by imprisonment in a county jail for not more than 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment.
end insertbegin insertThis bill would make it a misdemeanor to violate any of these provisions through the use or operation of an unmanned aircraft or unmanned aircraft system, punishable by a fine of not less than $200 or not more than $2,000, or to knowingly, intentionally, or recklessly violate any of these provisions through the use or operation of an unmanned aircraft or unmanned aircraft system, punishable by imprisonment in a county jail for not more than 6 months, or by a fine of $5,000, or by both that fine and imprisonment. By creating new crimes, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertThe California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions.
end deleteExisting law requires the state board to consult with other states, the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, manage greenhouse gas control programs, and facilitate the development of integrated and cost-effective regional, national, and international greenhouse gas reduction programs.
end deleteThis bill would make nonsubstantive changes to these provisions.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 4167 is added to the end insertbegin insertPublic Resources
2Codeend insertbegin insert, to read:end insert
(a) Except as provided in subdivision (b), a person who
4violates this article through the use or operation of an unmanned
5aircraft or unmanned aircraft system is guilty of a misdemeanor,
6punishable by a fine of not less than two hundred dollars ($200)
7or not more than two thousand dollars (2,000).
8(b) A person who knowingly, intentionally, or recklessly violates
9this article through the use or operation of an unmanned aircraft
10or unmanned aircraft system is guilty of a misdemeanor, punishable
P3 1by imprisonment in a county jail for not more than six months, or
2by a fine of five thousand dollars ($5,000), or by both that fine
3and imprisonment.
4(c) For purposes of this section,
“unmanned aircraft” means
5an aircraft that is operated without the possibility of direct human
6intervention from within or on the aircraft.
7(d) For purposes of this section, “unmanned aircraft system”
8means an unmanned aircraft and associated elements, including,
9but not limited to, communication links and the components that
10control the unmanned aircraft that are required for the pilot in
11command to operate safely and efficiently in the national airspace
12system.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
This act is an urgency statute necessary for the
23immediate preservation of the public peace, health, or safety within
24the meaning of Article IV of the Constitution and shall go into
25immediate effect. The facts constituting the necessity are:
26To address the interference of unmanned aircraft with efforts to
27fight forest fires during the current fire season, it is necessary that
28this act take effect immediately.
Section 38564 of the Health and Safety Code is
30amended to read:
The state board shall consult with other states, the
32federal government, and other nations to identify the most effective
33strategies and methods to reduce greenhouse gases, manage
34greenhouse gas control programs, and facilitate the development
35of integrated and cost-effective regional, national, and international
36greenhouse gas reduction programs.
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