BILL NUMBER: SB 868	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2016
	AMENDED IN SENATE  APRIL 26, 2016
	AMENDED IN SENATE  APRIL 7, 2016
	AMENDED IN SENATE  MARCH 28, 2016
	AMENDED IN SENATE  MARCH 1, 2016

INTRODUCED BY   Senator Jackson

                        JANUARY 12, 2016

   An act to amend Section 830.7 of the Penal Code, and 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 FAA 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 of Emergency Services
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  
maintaining  liability insurance or proof of financial
responsibility. The bill would authorize the department to adopt
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 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 prohibit the operation of remote piloted aircraft within 500
feet of critical infrastructure and in other specified  
areas, subject to exceptions, and would prohibit certain ways of
operating remote piloted aircraft. 
   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 an
officer or employee designated by the Director of Transportation to
exercise certain powers of arrest, as specified, and any state or
peace officer charged with the enforcement of state and local laws or
 ordinances,   ordinances  may enforce and
assist in the enforcement of the act, any rules or orders issued
under the act, and all other state laws applicable to remote piloted
aircraft or unmanned aircraft systems. 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 any
provision of the act or any rule or order issued pursuant to the act
punishable as an infraction with a fine not exceeding $250, or as a
misdemeanor punishable by imprisonment in a county jail not exceeding
6 months, or by a fine not exceeding $1,000, or by both that fine
and imprisonment.
   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 830.7 of the Penal Code is amended to read:
   830.7.  The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
   (a) Persons designated by a cemetery authority pursuant to Section
8325 of the Health and Safety Code.
   (b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.
   (c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
that are owned and operated by cities, counties, and cities and
counties, if the facility has concluded a memorandum of
understanding, permitting the exercise of that authority, with the
sheriff or the chief of police within whose jurisdiction the facility
lies.
   (d) Employees or classes of employees of the California Department
of Forestry and Fire Protection designated by the Director of
Forestry and Fire Protection, provided that the primary duty of the
employee shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
   (e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, if the district has concluded a
memorandum of understanding permitting the exercise of that
authority, with, as applicable, the sheriff, the chief of police, or
the Department of the California Highway Patrol within whose
jurisdiction the district lies. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority to
remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.
   (f) Officers and employees of the Department of Transportation who
are designated by the Director of Transportation to enforce the
provisions of the State Remote Piloted Aircraft Act (Part 1.5
(commencing with Section 21750) of Division 9 of the Public Utilities
Code), any rule or order issued under that part, or any other law
applicable to remote piloted aircraft or unmanned aircraft systems.
   (g) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
   (h) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
   (i) Persons regularly employed as investigators by the Department
of Transportation for the City of Los Angeles and designated by local
ordinance as public officers, to the extent necessary to enforce
laws related to public transportation, and authorized by a memorandum
of understanding with the chief of police, permitting the exercise
of that authority. For the purposes of this subdivision,
"investigator" means an employee defined in Section 53075.61 of the
Government Code authorized by local ordinance to enforce laws related
to public transportation. Transportation investigators authorized by
this section shall not be deemed "peace officers" for purposes of
Sections 241 and 243.
   (j) Persons regularly employed by any department of the City of
Los Angeles who are designated as security officers and authorized by
local ordinance to enforce laws related to the preservation of peace
in or about the properties owned, controlled, operated, or
administered by any department of the City of Los Angeles and
authorized by a memorandum of understanding with the Chief of Police
of the City of Los Angeles permitting the exercise of that authority.
Security officers authorized pursuant to this subdivision shall not
be deemed peace officers for purposes of Sections 241 and 243.
   (k) Illegal dumping enforcement officers or code enforcement
officers, to the extent necessary to enforce laws related to illegal
waste dumping or littering, and authorized by a memorandum of
understanding with, as applicable, the sheriff or chief of police
within whose jurisdiction the person is employed, permitting the
exercise of that authority. An "illegal dumping enforcement officer
or code enforcement officer" is defined, for purposes of this
section, as a person employed full time, part time, or as a volunteer
after completing training prescribed by law, by a city, county, or
city and county, whose duties include illegal dumping enforcement and
who is designated by local ordinance as a public officer. An illegal
dumping enforcement officer or code enforcement officer may also be
a person who is not regularly employed by a city, county, or city and
county, but who has met all training requirements and is directly
supervised by a regularly employed illegal dumping enforcement
officer or code enforcement officer conducting illegal dumping
enforcement. This person shall not have the power of arrest or access
to summary criminal history information pursuant to this section. No
person may be appointed as an illegal dumping enforcement officer or
code enforcement officer if that person is disqualified pursuant to
the criteria set forth in Section 1029 of the Government Code.
Persons regularly employed by a city, county, or city and county
designated pursuant to this subdivision may be furnished state
summary criminal history information upon a showing of compelling
need pursuant to subdivision (c) of Section 11105.
  SEC. 2.  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. 3.  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 to do either of the
following:
   (1) Limit 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.
   (2) Preempt any local ordinance that regulates remotely piloted
aircraft or unmanned aircraft systems if the ordinance is consistent
with this part.
   (c) Except as specified, this part shall not be construed as
prohibiting, restricting, or permitting the prohibition of the
 take-off,   takeoff,  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 
 takeoff  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 
 takeoff  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,  whether
general law or chartered,  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) (1) Within 500 feet of critical infrastructure designated by
rule or regulation by the  department, in consultation with the
 Office of Emergency  Services   Services,
 without first obtaining the consent of the owner or operator of
the critical infrastructure.
   (2) This subdivision shall not apply to the operation of a remote
piloted aircraft by any person that the Federal Aviation 
Administration   Administration, whether by permit,
license, or rule,  authorizes to operate a remote piloted
aircraft for a commercial purpose who operates the remote aircraft in
a manner that complies with the authorization or by any person
described in Section 1070 of the Evidence Code if both of the
following conditions are met:
   (A) The operation of the remote piloted aircraft does not
unreasonably interfere with the operation of the critical
infrastructure.
   (B) The operation of the remote piloted aircraft does not pose an
imminent and credible threat to the safety or security 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
  authorization, whether by permit, license, or rule,
 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
  authorization, whether by permit, license, or rule,
 for its operation from the Federal Aviation Administration.
   (d) Within any other area where the  department or
  department, in consultation with  the Office of
Emergency Services, through 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) (1) 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.
   (2) This subdivision shall not apply to the operation of a remote
piloted aircraft by any person that the Federal Aviation 
Administration   Administration, whether by permit,
license, or rule,  authorizes to operate a remote piloted
aircraft for a commercial purpose who operates the remote piloted
aircraft in a manner that complies with the authorization or by any
person described in Section 1070 of the Evidence Code if both of the
following conditions are met:
   (A) The operation of the remote piloted aircraft does not
unreasonably interfere with the operation of the State Capitol.
   (B) The operation of the remote piloted aircraft does not pose an
imminent and credible threat to the safety or security of the State
Capitol.
   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 entry.
   (c) Upon or above any property for which the operation of a remote
piloted aircraft has been permitted by 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 of the remote piloted aircraft operates the aircraft
pursuant to the permit and 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 constitutes a nuisance under Section 3479 of
the Civil Code.
   (5) In a manner that violates an individual's right to privacy
under Section 1 of Article I of the California Constitution.
   (6) In a manner that constitutes trespass under California law.
   (b) A remotely piloted aircraft shall always give way to manned
aircraft. 
   21759.  (a) A person shall not knowingly and intentionally operate
a remote piloted aircraft, without authorization, in a manner that
interferes with the safe operation of amusement parks or ski resorts
in the state.
   (b) As used in this section, "amusement park" means any permanent
facility or park providing amusement rides for use by the public, and
"amusement ride" means a mechanical device that carries or conveys
passengers along, around, or over a fixed or restricted route or
course for the purpose of giving passengers amusement, pleasure,
thrills, or excitement.
   (c) As used in this section, "ski resort" means any permanent
facility or park providing recreational conveyances, such as aerial
tramways, aerial lifts, surface lifts, tows, conveyors, or other
devices or equipment, used primarily for participating in or
observing mountain sports activities. 
    21759.   21760.   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.   21761.   (a) Every commercial
operator of a remote piloted aircraft shall  procure, and
continue in effect   maintain,  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   maintain 
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 or proof of financial responsibility,
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.   21762.   (a) Consistent with
the provisions of this part, the department may adopt 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 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 violation of any provision of this part or any rule or
order issued pursuant to this part shall be punishable as an
infraction with a fine not to exceed two hundred fifty dollars
($250), or as a misdemeanor punishable by imprisonment in a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment.
   21765.  (a) An officer or employee designated by the director
pursuant to subdivision (b) and any state or peace officer charged
with the enforcement of state and local laws or ordinances may
enforce and assist in the enforcement of this part, any rule or order
issued under this part, and all other laws of the state applicable
to remote piloted aircraft or unmanned aircraft systems.
   (b) In the enforcement of this part, any rule or order issued
under this part, or other law applicable to remote piloted aircraft
or unmanned aircraft systems, the director may designate any officer
or employee of the department to exercise the powers of arrest
pursuant to Section 830.7 of the Penal 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. 4.  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.