BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 868 (Jackson) - State Remote Piloted Aircraft Act
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|Version: April 26, 2016 |Policy Vote: T. & H. 7 - 2, |
| | PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 16, 2016 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 868 would enact the State Remote Piloted Aircraft
Act to establish a regulatory framework for the operation of
unmanned aircraft in this state, and authorize the Department of
Transportation (Caltrans) to adopt rules and regulations
governing the conditions under which remote piloted aircraft
(drones) may operate.
Fiscal
Impact:
Estimated Caltrans costs in the range of $150,000 to $200,000
to develop and adopt rules and regulations governing the
operation of drones in California, should the department
exercise this authority. (State Highway Account)
Estimated ongoing costs, potentially in the range of $300,000
to $500,000, for additional staff to administer and oversee
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state functions related to drone operations, including
coordination with state, federal, local, and private entities,
conducting training activities, and updating rules and
regulations as necessary. These costs could be higher to the
extent Caltrans exercises its authority to act as an
enforcement entity (including additional costs for personnel
to undergo specified peace officer training), or to
participate in specified legal actions that involve state
interests related to unmanned aircraft systems. (State
Highway Account)
Estimated costs of up to $150,000 annually for additional
staff time at the Office of Emergency Services (OES) to
develop and adopt any necessary rules and regulations,
coordinate with federal and local agencies, and maintain a
dedicated web page and public communications capabilities.
(General Fund)
Minor and absorbable costs to the Department of Parks and
Recreation (DPR) and the Department of Fish and Wildlife (DFW)
to manage enforcement and permitting issues regarding the
operation of drones within airspace over the state parks
system or the lands and waters managed by DFW, respectively.
(Special funds)
Background: Existing federal regulations require all commercial and
recreational drone owners to register unmanned piloted aircraft
with the Federal Aviation Administration (FAA). In 2012,
Congress passed the FAA Modernization and Reform Act of 2012
(Act). The Act required the FAA to establish a framework for
safely integrating unmanned aircraft systems into the national
airspace no later than September 30, 2015, and authorized the
FAA to establish interim requirements for the commercial
operation of drones. Under the interim rules, drone operators
must meet certain standards and apply for a commercial use
exemption and an FAA Certificate of Authorization (COA) in order
to operate in in "navigable airspace," which is generally above
500 feet. In addition, the Act also provides that certain small
drones (model, hobby, or recreational use aircraft) that are
operated away from airports and air traffic and near the ground
level are exempt from federal regulation, if they are flown for
exclusively recreational, non-commercial purposes. The FAA has
proposed a framework of regulations for the operation of small
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unmanned aircraft systems for non-recreational purposes. The
proposed commercial regulations include a 55-pound weight
limitation, line-of-sight operation, a maximum airspeed of 100
mph, a ban on operation over any people, a maximum operating
altitude of 500 feet, and training and licensing for the
operator. Final rules are expected to be adopted later this
year.
Several local agencies, such as the City of Los Angeles and the
Golden Gate Bridge, Highway, and Transportation District, have
also established drone regulations within their jurisdictions.
Existing state law establishes a Division of Aeronautics within
Caltrans to foster and promote safety in aeronautics and
establish only those regulations that are necessary so that
persons may engage in aeronautics with the least possible
restriction consistent with the safety and rights of others.
The Division of Aeronautics is primarily involved in the siting,
planning, and inspection of public-use airports in the state.
Proposed Law:
SB 868 would establish a regulatory framework for the
operation of unmanned aircraft systems within the state that
would further and protect the public interest in remote piloted
aircraft, as specified. Specifically, this bill would:
Specify that the State Remote Piloted Aircraft Act should not
be construed to limit any power of the state or political
subdivision, or preempt local ordinances to regulate drone
operations if the regulations or ordinances are consistent
with and not in conflict with the bill.
Prohibit a person from operating a drone in any of the
following circumstances:
o Within 500 feet of critical infrastructure
designated by OES regulations, without first obtaining
permission from the owner of that infrastructure.
o Within 1000 feet of a heliport without consent from
the heliport owner, or without obtaining an FAA waiver,
exemption, or other authorization.
o Within 5 miles of an airport without consent from
the airport owner, or without obtaining an FAA waiver,
exemption, or other authorization.
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o Within any other area that OES regulations determine
that unrestricted drone use presents an imminent danger
to public health and safety.
o Within airspace overlaying the state parks system
without first obtaining a permit, as specified.
o Within the airspace overlaying lands or waters
managed by DFW without first obtaining a permit, as
specified.
o Within 500 feet of the State Capitol or other
building housing state legislative offices and chambers
without obtaining a permit from the California Highway
Patrol, or FAA authorization, as specified.
Authorize a person to operate a drone in any of the following
circumstances:
o In any airspace designated for taking off or landing
at an airport or heliport when the operator is authorized
and engaged in those activities.
o Upon or above any property to which the operator has
a right of entry.
o Upon or above any property for which drone operation
has been permitted by the California Film Commission, as
specified.
o In any location or airspace deemed necessary by the
operator to avoid imminent danger to the life and safety
of a person or the general public.
Prohibit a person from weaponizing a drone or operating a
weaponized drone.
Prohibit a person from operating a drone in any a manner that
interferes with manned aircraft, is prohibited by federal
statutes or regulations, carelessly or recklessly endangers
life or property, constitutes a nuisance, violates privacy
rights, or constitutes trespass under state law.
Prohibit a person from operating a drone without complying
with all FAA licensing, registration, and marking
requirements.
Require Caltrans to establish the amount of liability
insurance or proof of financial responsibility necessary to
provide adequate compensation for damages incurred through a
commercial drone accident.
Require every commercial drone operator, and persons using a
drone with a commercial operator's permission, to procure
adequate protection against liability, as specified.
Authorize Caltrans to adopt rules and regulations governing
the conditions under which drones may be operated in the state
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for the purpose of protecting and ensuring general public
interest and safety and the safety of drone operators.
Authorize Caltrans to make and amend any general or special
rules, orders, and procedures, and establish minimum standards
as deemed necessary.
Require Caltrans to cooperate and assist the federal
government, political subdivisions of the state, and others in
the development of drone aeronautics.
Require Caltrans to keep a copy of all rules and regulations
on file with the Secretary of State, and to provide for the
publication and general distribution of those items.
Authorize OES to adopt rules and regulations, and make or
amend any general or special rules, orders, and procedures it
deems necessary to administer drone operations around critical
infrastructure.
Require OES to coordinate activities with other public
entities and to keep a copy of all rules and regulations on
file with the Secretary of State, and to provide for the
publication and general distribution of those items.
Authorize Caltrans to do any of the following:
o Represent the state in drone matters before federal
and other agencies.
o Participate in specified legal proceedings on behalf
of the state or any political subdivision or citizen that
involves state interests in drone aeronautics.
o Assist political subdivisions and their law
enforcement agencies in becoming acquainted with and
enforcing Caltrans' regulations on drone operations.
o Enter into any contracts necessary for execution of
its relevant powers.
o Exercise any powers relative to these provisions in
cooperation with any political subdivision, state agency,
other states, or the federal government.
o Enforce provisions of the bill and any relevant
rules and orders, as specified.
Specify that a violation of the bill's provisions is an
infraction punishable with a fine of up to $250, or a
misdemeanor punishable by imprisonment up to six months in a
county jail, or a fine of up to $1,000, or both.
Authorize the Director of Caltrans to designate any officer or
employee of the department to exercise the powers of arrest to
enforce the bill's provisions. Any persons designated by the
Director to enforce these provisions must successfully
complete a specified course in the exercise of powers of
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arrest.
Related
Legislation: SB 142 (Jackson), which was vetoed by the Governor
last year, would have designated the operation of a drone below
the navigable airspace overlying the property of another without
permission as trespassing. The veto message states the
following:
This bill would enact trespass liability for anyone flying
a drone less than 350 feet above real property without the
express permission of the property owner, whether or not
anyone's privacy was violated by the flight. Drone
technology certainly raises novel issues that merit careful
examination. This bill, however, while well-intentioned,
could expose the occasional hobbyist and the FAA-approved
commercial user alike to burdensome litigation and new
causes of action.
SB 170 (Gaines), which was vetoed by the Governor last year,
would have prohibited the operation of a drone over a state
prison or jail. The veto message expressed a general objection
to the creation of new crimes.
SB 271 (Gaines), which was vetoed by the Governor in 2015, would
have prohibited the operation of a drone over a K-12 school
campus or the taking of pictures by a drone of a K-12 campus
without permission. The veto message expressed a general
objection to the creation of new crimes.
AB 14 (Waldron), which failed passage in the Assembly
Transportation Committee in 2015, would have established a drone
task force to recommend policies regarding drone use.
Staff
Comments: This bill authorizes, but does not require Caltrans
to adopt regulations and perform other regulatory and
enforcement functions related to the operations of drones in
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California. It is unclear whether Caltrans will act to adopt
relevant regulations or exercise any of the other general powers
of authority specified in the bill. It seems likely that
Caltrans would at least wait until the FAA completes its current
rulemaking regarding commercial drone operations before taking
any action to adopt its own rules and regulations, if it deems
such action necessary.
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