BILL NUMBER: SB 868 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 1, 2016
INTRODUCED BY Senator Jackson
JANUARY 12, 2016
An act to amend Section 21012 of, and to add Part 1.5 (commencing
with Section 21750) to Division 9 of, the Public Utilities Code,
relating to aviation.
LEGISLATIVE COUNSEL'S DIGEST
SB 868, as amended, Jackson. State Remote Piloted Aircraft Act.
Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil unmanned aircraft systems, commonly known as drones, into the
National Airspace System. Existing federal law generally requires an
aircraft to be registered with the Federal Aviation Administration
(FAA), prohibits a person from operating a United States registered
aircraft unless that aircraft displays specified nationality and
registration marks, and, unless authorized by the FAA, prohibits a
person from placing on any aircraft a design, mark, or symbol that
modifies or confuses those nationality and registration marks.
The State Aeronautics Act governs various matters relative to
aviation in the state, including, among other things, fostering and
promoting safety in aeronautics and establishing only those
regulations that are essential and clearly within the scope of the
authority granted to the Department of Transportation by the
Legislature, in order that persons may engage in every phase of
aeronautics with the least possible restriction consistent with the
safety and the rights of others. A violation of the act is a crime
punishable by a fine of not more than $1,000 or by imprisonment of
not more than 6 months, or both.
Existing law establishes the Office of Emergency Services in the
office of the Governor and makes the office responsible for the state'
s emergency and disaster response services for natural,
technological, or manmade disasters and emergencies.
This bill would enact the State Remote Piloted Aircraft Act. The
bill would establish conditions for operating remote piloted
aircraft, including the procurement of liability insurance. The bill
would authorize the department to adopt reasonable rules and
regulations governing the conditions under which remote piloted
aircraft may be operated for the purpose of protecting and ensuring
the general public interest and safety and the safety of persons
operating remote piloted aircraft. The bill would authorize the
Office of Emergency Services to adopt reasonable rules and
regulations and to make and amend general or special rules, orders,
and procedures with respect to operating a remote piloted aircraft in
certain circumstances, including operating a remote piloted aircraft
within 500 feet of critical infrastructure.
The bill would authorize the department to make and amend general
or special rules, orders, and procedures, and establish minimum
standards consistent with the act as it deems necessary, to assist
political subdivisions and their law enforcement agencies, and to
enter into any contracts necessary to the execution of its powers
pursuant to the act, as specified. The bill would provide that a
person or entity injured or aggrieved by any procedure or action of
the department with respect to remote piloted aeronautics may appeal
to the California Transportation Commission for relief, as specified.
The bill would provide that remedies provided by the act are
cumulative with any other remedies available under law. The
bill would provide that the provisions of the act are severable. The
bill would make a violation of the act or any rule or order issued
pursuant to the act punishable in the same manner as a violation of
the State Aeronautics Act, except as provided, which would
make violations subject to criminal penalties.
Because the bill would create new crimes, the bill would impose a
state-mandated local program.
The 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21012 of the Public Utilities Code is amended
to read:
21012. "Aircraft" means 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.
Notwithstanding the foregoing provisions of this section, manned
lighter-than-air balloons and ultralight vehicles as defined in the
regulations of the Federal Aviation Administration (14 C.F.R. Part
103), whether or not certificated by the Federal Aviation
Administration, shall not be considered to be aircraft for purposes
of this part. "Aircraft" does not include remote piloted aircraft, as
defined in Section 21753.
SEC. 2. Part 1.5 (commencing with Section 21750) is added to
Division 9 of the Public Utilities Code, to read:
PART 1.5. State Remote Piloted Aircraft Act
21750. This part may be cited as the "State Remote Piloted
Aircraft Act."
21751. The purpose of this part is to further and protect the
public interest in remote piloted aircraft by all of the following
means:
(a) Encouraging the development and general use of remote piloted
aircraft.
(b) Fostering and promoting safety in remote piloted aeronautics.
(c) Preserving the fundamental right to privacy.
(d) Protecting the security of critical infrastructure.
(e) Protecting California's natural resources.
(f) Encouraging the use of remote piloted aircraft for
newsgathering in a manner consistent with the fundamental right to
privacy.
(e)
( g) Granting to a state agency powers, and
imposing upon it duties, so that the state may properly perform its
functions relative to remote piloted aeronautics and effectively
exercise its jurisdiction over persons and property.
(f)
( h) Effecting, where feasible and
consistent with the policies of this state, uniformity with federal
aeronautics laws and regulations.
(g)
( i) Establishing only those regulations
that are essential and clearly within the scope of the authority
granted by the Legislature, in order that persons may engage in every
phase of remote piloted aeronautics with the least possible
restriction consistent with the safety and the rights of others.
21752. (a) Unless the context otherwise requires, the definitions
and general provisions set forth in this part govern the
construction of this part.
(b) This part shall not be construed as limiting any power of the
state or a political subdivision to regulate the operation of remote
piloted aircraft if the regulations do not conflict with the
provisions of this part.
(c) Except as specified, this part shall not be construed as
prohibiting, restricting, or permitting the prohibition of the
take-off, operation, or landing of remote piloted aircraft.
21753. (a) "Aircraft" means any contrivance used or designed for
navigation of, or flight in, the air.
(b) "Airport" means any area of land or water that is used, or
intended for use, for the landing and take-off of aircraft, and any
appurtenant areas that are used, or intended for use, for airport
buildings or other airport facilities or rights-of-way, and all
airport buildings and facilities located thereon.
(c) "Critical infrastructure" means systems and assets so vital to
the state that the incapacity or destruction of those systems or
assets would have a debilitating impact on security, economic
security, public health and safety, or any combination of those
matters.
(d) "Department" means the Department of Transportation.
(e) "Heliport" means any area of land, water, or structure used,
or intended for use, for the landing and take-off of helicopters, and
any appurtenant areas that are used, or intended for use, for
heliport buildings or other heliport facilities or rights-of-way, and
all heliport buildings and facilities located thereon.
(f) "Operation of remote piloted aircraft" or "operate remote
piloted aircraft" means the use, navigation, or piloting of remote
piloted aircraft in the airspace over the land or waters of this
state.
(g) "Person" means any individual, firm, partnership, corporation,
limited liability company, company, association, joint stock
association, or body politic; and includes any trustee, receiver,
assignee, or other similar representative.
(h) "Pilot" means the person in command of a remote piloted
aircraft while underway.
(i) "Political subdivision" means any county, city, city and
county, public corporation, district, or other political entity or
public corporation of this state.
(j) "Remote piloted aircraft" means an aircraft that is operated
without the possibility of direct human intervention from within or
on the aircraft.
(k) "Remote piloted aircraft system" means a remote piloted
aircraft and its associated elements, including communication links,
that are required for the pilot to control the remote piloted
aircraft.
21754. A person shall not operate a remote piloted aircraft in
any of the following circumstances:
(a) Within 500 feet of critical infrastructure designated by the
department Office of Emergency Services
without first obtaining the consent of the owner or operator of the
critical infrastructure.
(b) Within 1,000 feet of a heliport without first obtaining the
consent of the owner or operator of the heliport, or without first
obtaining a waiver, exemption, or other authorization for its
operation from the Federal Aviation Administration.
(c) Within five miles of an airport without first obtaining the
consent of the owner or operator of the airport, or without first
obtaining a waiver, exemption, or other authorization for its
operation from the Federal Aviation Administration.
(d) Within the immediate reaches of the enveloping atmosphere of
private property without first obtaining the consent of the owner or
lawful occupant of the property.
(d) Within any other area where the department or the Office of
Emergency Services, through reasonable rule or regulation, determines
that unrestricted use of remote piloted aircraft presents an
imminent danger to public health and safety.
21755. A person shall not operate a remote piloted aircraft in
any of the following circumstances:
(a) Within the airspace overlaying units of the state park system,
unless the operator of the remote piloted aircraft has obtained a
permit authorizing the use of that aircraft in that airspace
or the unit of the state park system over which the remote
piloted aircraft is used has, by rule or regulation, authorized the
launching, landing, or operation of remote piloted aircraft.
(b) Within the airspace overlaying lands or waters managed by the
Department of Fish and Wildlife, unless the operator of the remote
piloted aircraft has obtained a permit authorizing the use of that
aircraft in that airspace or the Department of Fish and
Wildlife has, by rule or regulation, authorized the launching,
landing, or operation of remote piloted aircraft over those lands or
waters.
(c) Within 500 feet of the State Capitol or other building housing
the state legislative offices and chambers, situated in the area
bounded by 10th, L, 15th, and N Streets in the City of Sacramento,
unless the operator of the remote piloted aircraft has obtained a
permit authorizing the use of that aircraft within 500 feet of the
building or the Department of the California Highway Patrol has, by
rule or regulation, authorized the launching, landing, or operation
of remote piloted aircraft within 500 feet of the building.
(d) Within any other area that the department, through reasonable
regulation, determines that unrestricted use of remote piloted
aircraft presents an imminent danger to public health and safety.
21756. Notwithstanding Sections 21754 and 21755, a person may
operate a remote piloted aircraft in any of the following
circumstances:
(a) In any airspace designated for the taking off or landing of
aircraft at an airport or heliport when the operator of the remote
piloted aircraft is both authorized to and engaged in taking off from
or landing at that airport or heliport.
(b) Upon or above any property for to
which the operator of the remote piloted aircraft has a right
to enter. of entry, including a remote
piloted aircraft operated under the direction of a duly authorized
representative of a news service, newspaper, or radio or television
station or network in a closed area pursuant to subdivision (d) of
Section 409.5 of the Penal Code.
(c) Upon or above any property for which the operator of the
remote piloted aircraft has received a permit from the California
Film Commission pursuant to the Motion Picture, Television, and
Commercial Industries Act of 1984 (Chapter 1 (commencing with Section
14998) of Part 5.7 of Division 3 of Title 2 of the Government Code),
provided the operator adheres to all terms and conditions specified
in the permit.
(c)
( d) In any location or airspace deemed
necessary by the operator of the remote piloted aircraft to avoid
imminent danger to the life and safety of another person or to the
public at large.
21757. A person shall not weaponize a remote piloted aircraft or
operate a weaponized remote piloted aircraft.
21758. (a) A person shall not operate a remote piloted aircraft
in any of the following manners:
(1) In a manner that interferes with manned aircraft.
(2) In a manner that is prohibited by any federal statute or
regulation governing aeronautics.
(3) In a careless or reckless manner so as to endanger the life or
property of another.
(4) In a manner that substantially and unreasonably interferes
with the comfortable enjoyment of private property.
(5) In a manner that violates an individual's fundamental right to
privacy.
(6) Within the immediate reaches of the enveloping atmosphere of
private property without first obtaining the consent of the owner or
lawful occupant of the property.
(b) A remotely piloted aircraft shall always give way to manned
aircraft.
21759. A person shall not operate a remote piloted aircraft in
this state without first complying with all licensing, registration,
and marking requirements required by the Federal Aviation
Administration.
21760. (a) Every commercial operator of a remote piloted aircraft
shall procure, and continue in effect so long as the commercial
operator continues to offer services for compensation, adequate
protection against liability imposed by law upon operators of remote
piloted aircraft.
(b) Any person using, operating, or renting a remote piloted
aircraft with the permission, expressed or implied, of a commercial
operator shall also procure adequate protection against liability
imposed by law for the payment of damages for personal bodily
injuries, including death resulting therefrom, and property damage as
a result of an accident involving the remote piloted aircraft.
(c) The department shall, after a public hearing, establish the
amount of liability insurance, required by this section, that is
reasonably necessary to provide adequate compensation for damages
incurred through an accident involving a commercial operator of a
remote piloted aircraft.
21761. (a) Consistent with the provisions of this part, the
department may adopt reasonable rules and regulations governing the
conditions under which remote piloted aircraft may be operated for
the purpose of protecting and ensuring the general public interest
and safety and the safety of persons operating remote piloted
aircraft.
(b) The department may make and amend general or special rules,
orders, and procedures, and establish minimum standards consistent
with this part as it deems necessary to administer this part.
(c) In exercising authority under this part, the department shall
cooperate with and assist the federal government, political
subdivisions of this state, and others in the development of remote
piloted aeronautics, and shall seek to coordinate activities whenever
feasible.
(d) The department shall keep on file with the Secretary of State,
and at its principal office, a copy of all its rules and
regulations, adopted pursuant to this part, for public inspection.
(e) The department shall provide for the publication and general
distribution of all its orders, rules, regulations, and procedures
having general effect that are applicable to remote piloted aircraft.
21762. (a) The Office of Emergency Services may adopt reasonable
rules and regulations, and may make and amend general or special
rules, orders, and procedures, as it deems necessary to administer
subdivisions (a) and (d) of Section 21754.
(b) In exercising authority under this part, the Office of
Emergency Services shall coordinate activities with the federal
government and political subdivisions of this state whenever
feasible.
(c) The Office of Emergency Services shall keep on file with the
Secretary of State, and at its principal office, a copy of all its
rules and regulations, adopted pursuant to this part, for public
inspection, and shall provide for the publication and general
distribution of all its orders, rules, regulations, and procedures
having general effect that are applicable to remote piloted aircraft.
21762. 21763. The department may do
all of the following:
(a) Represent the state in remote piloted aeronautical matters
before federal and other agencies.
(b) Participate as plaintiff or defendant or as intervenor on
behalf of the state or any political subdivision or citizen in any
controversy that involves the interest of the state in remote piloted
aeronautics.
(c) Assist political subdivisions and their law enforcement
agencies in becoming acquainted with and enforcing regulations
promulgated under this part.
(d) Enter into any contracts necessary to the execution of its
powers under this part. All contracts made by the department, either
as the agent of the state or as the agent of any political
subdivision, shall be made pursuant to the laws of the state
governing the making of like contracts.
(e) Exercise any of its powers under this part in cooperation with
any political subdivision, state agency, other states or their
political subdivisions, or the United States.
(f) Enforce this part and rules and orders issued under this part
in the name of the state by injunction or other legal process in the
federal, state, and local courts of this state or pursuant to any
federal, state, or local administrative hearing.
21763. A
21764. (a) Except as
provided in this section, a violation of any provision of this
part or any rule or order issued pursuant to this part shall be
punishable in the same manner provided for in the State Aeronautics
Act (Part 1 (commencing with Section 21001)).
(b) A violation of subdivision (a) of Section 21755 shall be
punishable in the same manner provided for in Section 5008 of the
Public Resources Code, and the Department of Parks and Recreation
shall have exclusive jurisdiction to enforce this provision.
(c) A violation of subdivision (b) of Section 21755 shall be
punishable in the same manner provided for in Section 12000 of the
Fish and Game Code, and the Department of Fish and Wildlife shall
have exclusive jurisdiction to enforce this provision.
(d) A violation of subdivision (c) of Section 21755 shall be
punishable in the same manner provided for in Section 14685 of the
Government Code, and the Department of the California Highway Patrol
shall have exclusive jurisdiction to enforce this provision.
21764. 21765. A person or entity
injured or aggrieved by any procedure or action of the department
with respect to remote piloted aeronautics may appeal to the
California Transportation Commission for relief, and the decision of
the commission as to that matter shall, after an evidentiary hearing,
be conclusive, and subject to review pursuant to Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code.
21766. Nothing in this part shall be construed to impair or
impede any other rights, causes of action, claims, or defenses
available under other laws. The remedies provided in this part are
cumulative with any other remedies available under other laws.
21765. 21767. The provisions of
this part are severable. If any provision of this part or its
application is held to be invalid, that invalidity shall not affect
other provisions or applications that can be given effect without the
invalid provision or application.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.