Amended in Senate March 28, 2016

Amended in Senate March 1, 2016

Senate Bill No. 868

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 begin delete Federal Aviation Administration end delete begin insert FAA end insert 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 begin delete reasonable end delete 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 begin delete reasonable end delete 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.

(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.

(h) Effecting, where feasible and consistent with the policies of
this state, uniformity with federal aeronautics laws and regulations.

(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)  begin insert (1) end insert begin insert   end insert Within 500 feet of critical infrastructure designated begin insert by
rule or regulation end insert by the Office of Emergency Services without
first obtaining the consent of the owner or operator of the critical
infrastructure.

begin insert

(2) This subdivision shall not apply to the operation of a remote
piloted aircraft by any person that the Federal Aviation
Administration authorizes to operate a remote piloted aircraft for
a commercial purpose or by any person described in Section 1070
of the Evidence Code engaged in gathering, receiving, or
processing information for communication to the public if all of
the following conditions that are applicable are met:

end insert begin insert

(A) If the person is authorized by the Federal Aviation
Administration to operate a remote piloted aircraft for a
commercial purpose, the person operates the remote piloted
aircraft in a manner that complies with the authorization.

end insert begin insert

(B) The operation of the remote piloted aircraft does not
interfere with the operation of the critical infrastructure.

end insert begin insert

(C) The operation of the remote piloted aircraft does not pose
a threat to the safety or security of the critical infrastructure.

end insert

(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 any other area where the department or the Office
of Emergency Services, through begin delete reasonable end delete 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)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) This subdivision shall not apply to the operation of a remote
piloted aircraft by any person that the Federal Aviation
Administration authorizes to operate a remote piloted aircraft for
a commercial purpose or by any person described in Section 1070
of the Evidence Code engaged in gathering, receiving, or
processing information for communication to the public if all of
the following conditions that are applicable are met:

end insert begin insert

(A) If the person is authorized by the Federal Aviation
Administration to operate a remote piloted aircraft for a
commercial purpose, the person operates the remote piloted
aircraft in a manner that complies with the authorization.

end insert begin insert

(B) The operation of the remote piloted aircraft does not
interfere with the operation of the State Capitol.

end insert begin insert

(C) The operation of the remote piloted aircraft does not pose
a threat to the safety or security of the State Capitol.

end insert

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 to which the operator of the
remote piloted aircraft has a right of begin delete 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. end delete begin insert entry. end insert

(c) Upon or above any property for which begin delete the operator of the end delete
begin insert the operation of a end insert remote piloted aircraft has begin delete received a permit
from end delete begin insert been permitted by end insert 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 begin insert of the remote piloted aircraft operates the aircraft
pursuant to the permit and end insert adheres to all terms and conditions
specified in the permit.

(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 begin delete substantially and unreasonably interferes
with the comfortable enjoyment of private property. end delete begin insert constitutes a
nuisance under Section 3479 of the Civil Code. end insert

(5) In a manner that violates an individual’s begin delete fundamental end delete right
to begin delete privacy. end delete begin insert privacy under Section 1 of Article I of the California
Constitution. end insert

begin delete

(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.

end delete begin insert

(6) In a manner that constitutes trespass under California law.

end insert

(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 begin delete reasonable end delete 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
begin delete reasonable end delete 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.

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.

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.

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.

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.