BILL ANALYSIS Ó SB 868 Page 1 Date of Hearing: June 21, 2016 ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION Ed Chau, Chair SB 868 (Jackson) - As Amended May 31, 2016 SENATE VOTE: 25-12 SUBJECT: State Remote Piloted Aircraft Act SUMMARY: Establishes the State Remote Piloted Aircraft Act, which governs where and how unmanned aircraft systems (UAS) may operate, and establishes state-level regulatory and enforcement authority over UAS for the California Department of Transportation (Caltrans), the California Office of Emergency Services (OES), the California Department of Fish and Wildlife, the California Department of Parks and Recreation, and the California Highway Patrol (CHP). Specifically, this bill: 1) Prohibits the operation of a UAS in the following circumstances, as specified: a) Within 500 feet of critical infrastructure, as designated by Caltrans in consultation with OES, without first obtaining the consent of the owner or operator of the critical infrastructure, unless: SB 868 Page 2 i) the Federal Aviation Administration (FAA) has authorized by permit, license, or rule the UAS operator for a commercial purpose and the UAS operator complies with the authorization; or ii) the UAS operator is a journalist acting under the California Shield Law, which provides protections to journalists seeking to maintain the confidentiality of an unnamed source, and the operator does not unreasonably interfere with or 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 consent of the owner or operator of the heliport, or without first obtaining a waiver, exemption, or other authorization, whether by permit, license or rule, for its operation from the FAA; c) Within five miles of an airport, without first obtaining consent of the owner or operator of the airport, or without first obtaining a waiver, exemption, or other authorization, whether by permit, license or rule, for its operation from the FAA; d) Within any other area where Caltrans, in consultation with OES, determines that unrestricted use of UAS presents an imminent danger to public health and safety; e) Within the airspace of the state park system, without first obtaining a permit authorizing UAS use, or the unit of the state park system being overflown has, by rule or regulation, authorized the launching, landing, or operation of UAS; SB 868 Page 3 f) Within the airspace of lands or waters managed by the Department of Fish and Wildlife, without first obtaining a permit authorizing UAS use or the Department has, by rule or regulation, authorized the launching, landing, or operation of UAS over those lands or waters; and g) Within 500 feet of the State Capitol or other building housing state legislative offices and chambers, unless the operator has obtained a permit or the CHP has, by rule or regulation, authorized the launching, landing, or operation of UAS within 500 feet of the building, unless: i) the Federal Aviation Administration (FAA) has authorized by permit, license, or rule the UAS operator for a commercial purpose and the UAS operator complies with the authorization; or ii) the UAS operator is a journalist acting under the California Shield Law, which provides protections to journalists seeking to maintain the confidentiality of an unnamed source, and the operator does not unreasonably interfere with or pose an imminent and credible threat to the safety or security of the State Capitol. 1) Notwithstanding the above provisions, this bill authorizes UAS operation: a) In any airspace designated for the taking off or landing of aircraft at an airport or heliport when the UAS operator is both authorized to and engaged in taking off from or landing at that airport or heliport; SB 868 Page 4 b) Upon or above any property to which the UAS operator has a right of entry; c) Above property for which the UAS operator has received a permit from the California Film Commission provided that the UAS operator adheres to all terms and conditions specified in the permit; and d) In any airspace deemed necessary by the operator to avoid imminent danger to the life and safety of another person or the public. 1) Prohibits the weaponization of UAS and the operation of a weaponized UAS. 2) Prohibits the operation of a UAS in a manner that: a) Interferes with manned aircraft; b) Is prohibited by federal statute or regulation; c) Is careless or reckless that endangers life or property; d) Constitutes a nuisance, as specified; e) Violates an individual's right to privacy under the California Constitution; and SB 868 Page 5 f) Constitutes trespass under California law. 1) Requires that UAS must always give way to manned aircraft. 2) Prohibits the knowing and intentional operation of a UAS, without authorization, in a manner that interferes with the safe operation of amusement parks or ski resorts, as defined. 3) Requires UAS operators to first comply with all licensing, registration and marking requirements required by the FAA. 4) Requires every commercial UAS operator and any person using a UAS with permission from a commercial UAS operator to maintain adequate protection against liability for payment of damages for personal bodily injury, including death, and property damage as a result of a UAS accident. 5) Requires Caltrans to establish, after a public hearing, the amount of liability insurance reasonably necessary to adequately compensate for damages incurred through a commercial UAS accident. 6) Authorizes Caltrans to develop and publicly disclose rules and regulations to govern the conditions under which UAS may be operated for the purpose of protecting the public interest and safety and the safety of UAS operators, and authorizes Caltrans to make and amend general or special rules, orders, and procedures and to establish minimum standards consistent with this bill as needed. 7) Requires Caltrans to cooperate with and assist the federal SB 868 Page 6 government, political subdivisions of the state, and others in the development of UAS aeronautics in developing rules and regulations. 8) Authorizes Caltrans to: a) Represent the state in UAS matters before federal and other agencies; b) Participate as plaintiff, defendant or intervenor on behalf of the state or any political subdivision or citizen in any controversy that involves the state's interest in UAS aeronautics; c) Assist political subdivisions and their law enforcement agencies in learning and enforcing the Caltrans regulations to be developed under this bill; d) Enter into any contracts necessary to the execution of Caltrans's powers under this bill; and e) Exercise any of its powers under this bill in cooperation with any political subdivision, state agency, other states or their political subdivisions, or the United States; and f) Enforce the provisions of this bill and the rules and orders Caltrans issues under this bill by injunction or other legal process in federal, state, and local courts or using the federal, state or local administrative hearing process. 9) Makes a violation of this bill or Caltrans' rules and regulations subject to an infraction with a fine of $250 or subject to a misdemeanor with a fine of not more than $1,000, and imprisonment of up to six months, or both. SB 868 Page 7 10)Authorizes an officer of Caltrans and any peace officer to enforce and assist in the enforcement of this bill, and authorizes Caltrans to designate officers or employees to exercise the powers of arrest to enforce this bill. 11)Provides that the provisions of this bill may not be construed to impair or impede any other rights, causes of action, claims, or defenses available under other laws and that the remedies in the bill are cumulative with any other remedies available at law. 12)Provides that the provisions of this bill are severable, and that if any part of this bill is found to be invalid, the remaining parts of the bill are unaffected. 13)Provides that this bill may not be construed to limit any power of the state or a political subdivision to regulate the operation of UAS if the regulations do not conflict with the bill, including any local ordinance that regulates UAS if consistent with these provisions, nor may these provisions be construed as prohibiting, restricting, or permitting the prohibition of the takeoff, operation or landing of UAS, except as specified. 14)Makes statements of legislative intent regarding the need to further and protect the public interest in remote piloted aircraft. SB 868 Page 8 EXISTING LAW: 1)Vests, pursuant to federal law, the FAA with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise. (49 U.S.C. Section 40103, 44502, and 44701-44735) 2)Requires, under the FAA Modernization and Reform Act of 2012, the FAA to safely integrate UAS operation into the national airspace system by September 30, 2015, and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095) 3)Requires, under FAA rules, as of February 19, 2016, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (approximately 25 kilos), including payloads such as on-board cameras, and requires UAS owners to be at least 13 years old to register and to provide name, home address, and email address. Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS. (14 CFR Parts 1, 45, 47, 48, 91, and 375) 4)Authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specific training course prescribed by the Commission on Peace Officer Standards and Training. (Penal Code Section 830.7) 5)Establishes a Division of Aeronautics within Caltrans. (Public Utilities Code (PU) Section 21001 et seq.) 6)Makes a violation of the State Aeronautics Act a misdemeanor SB 868 Page 9 with a penalty of up to six months in jail and/or a fine of not more than $1,000 plus penalty assessments. (PU 24400) FISCAL EFFECT: According to the Senate Appropriations Committee: 1)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) 2)Estimated ongoing costs, potentially in the range of $300,000 to $500,000, for additional staff to administer and oversee 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) 3)Minor costs for OES staff to coordinate with Caltrans in developing rules and regulations regarding drone operations near critical infrastructure. (General Fund) 4)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. SB 868 Page 10 (Special funds) COMMENTS: 1)Purpose of the bill . This bill seeks to comprehensively regulate UAS use in California by establishing numerous prohibitions, restrictions, and penalties on the use of UAS (also known as drones) in ways that would invade privacy, endanger personal safety, interfere with critical infrastructure or harm nature. The bill tasks several state agencies with enforcement of these responsibilities and also requires commercial UAS operators to obtain liability insurance in order to mitigate potential harm to people, property, and nature. This bill is author-sponsored. 2)Author's statement . According to the author: "The development of small unmanned aircraft systems - known as "unmanned aerial vehicles," "remote piloted aircraft," or simply "drones" - promises to revolutionize the way Californians interact with each other and their environment. Drone technology may transform the way California's farmers and ranchers manage livestock and agricultural resources. Drone technology could also fundamentally alter the way goods move across the state and greatly improve the capacity of emergency personnel to respond to disasters. "However, the lack of clear rules governing the use of this emerging technology threatens to harm California's natural resources and undermine public safety. To date, the lack of regulation has led to disputes between neighbors concerned about invasions of their privacy, impacts to wildlife, near-collisions with airplanes and helicopters, interference with firefighting efforts, and accidents injuring innocent bystanders. Some individuals are reportedly modifying drones to carry weapons, and, in at least one instance, a drone was used to land radioactive material on the roof of a government SB 868 Page 11 building. "Commonsense rules are needed to ensure that drones are used in a safe and responsible manner, consistent with the values of the people of the State of California. This bill creates a comprehensive set of sensible and intelligent drone regulations that strike an appropriate balance between protecting public safety and privacy, and encouraging innovation and technology. "SB 868 continues to allow local governments to regulate drone use in their communities, and provides certain exceptions for operators who have received authorization from the Federal Aviation Administration to fly in otherwise restricted areas. SB 868 avoids the threat of frivolous litigation by vesting primary enforcement authority with the Division of Aeronautics within the Department of Transportation. The bill also directs the Division of Aeronautics to work cooperatively with local governments, state agencies, and the federal government to enforce this regulatory framework." 3)Growth in commercial and recreational uses of UAS . UAS are widely available to the public for recreational use. Retail UAS devices outfitted with cameras now range in price from roughly $300 to $1,500. The Consumer Electronics Association estimates that hobbyists in the United States bought 700,000 drones in 2015. At the same time, a wide variety of commercial applications for UAS are being rapidly developed and tested. UAS can give the news media economical and environmentally-friendly access to aerial views of traffic, storms, and other events when compared to the current use of helicopters and other manned aircraft. UAS can also be used in the agricultural industry to observe and measure crops while conserving resources and avoiding the use of heavy equipment. And UAS may be a future delivery system for mail-order and Internet companies as well. SB 868 Page 12 4)The growing number of UAS incidents causing injury and damage . While California has had no fatal drone accident to date, less serious accidents are on the rise. For example, in October 2015, 647 residents in West Hollywood went without power after a hobbyist UAS flew into a power line. In September 2015, a falling UAS in Pasadena cut and bruised the head of an 11-month old baby in a stroller during an outdoor movie screening. Also in 2015, during the North Fire in San Bernardino County, five separate UAS prevented firefighters from dispatching helicopters with water buckets for twenty minutes over a wildfire that leapt onto a Los Angeles-area freeway. Other incidents include drones falling into the stands at the 2015 U.S. Open, crashing into a moving car in Canada, and hitting a toddler in the UK that left the youth blind in one eye. Between December 2013 and September 12, 2015, the Center for the Study of the Drone at Bard College collected records of 921 incidents involving drones and manned aircrafts in the national airspace. 158 incidents were classified as instances in which a drone came within 200 feet or less of an airplane, 28 of which required a pilot to maneuver the aircraft to avoid a collision with a drone. ("Drone Sightings and Close Encounters: An Analysis," Center for the Study of the Drone at Bard College, December 2015) Under federal law, operators are prohibited from flying above 400 feet or within five miles of an airport. More recently, on April 18, 2016, a drone collided with a British Airways plane as it was coming in for landing at London's Heathrow Airport - Europe's busiest air terminal. The FAA's Aerospace Forecast report projects that the number of UAS in the U.S. will increase from 2.5 million in 2016 to 7 million in 2020 (4.3 million hobbyist and 2.7 million commercial). SB 868 Page 13 5)Current regulation of UAS . Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events, such as the Superbowl. 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 UAS into the national airspace, and authorized the FAA to establish interim requirements for the commercial operation of UAS. While the FAA is not expected to finish its final rulemaking for another year or two, the FAA's interim rules require entities that wish to conduct commercial, governmental, research or educational UAS operations to meet certain standards and apply for a Certificate of Authorization from the FAA in order to operate. In February 2015, the FAA proposed regulations on commercial drone users. Among the proposals was a 55-pound weight limitation, a line-of-sight operation requirement, 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. The FAA has said it will release the final version of those regulations in Spring 2016, so industry experts expect the FAA to publish its new regulations soon. However, in December 2015, the FAA issued rules requiring any UAS weighing between half a pound and 55 pounds to be registered with the FAA by February 19, 2016. The new FAA registration rules apply only to "model aircraft," i.e., recreational UAS. Upon registration, the FAA issues a unique identifier, which must be affixed to the UAS in a "readily accessible and visible manner." The unique identifier can then be used to look up the UAS owner in the event of a SB 868 Page 14 problem or accident. Recent reports indicate that 460,000 drone users have registered with the FAA, with many users likely to have more than one drone. This number already exceeds the total number of registered airplanes and helicopters in the United States. (Baltimore Sun, "Small Drones in Maryland, Nation, Outnumber Other Kinds of Aircraft," May 31, 2016.) The Legislature considered 11 UAS bills in 2015, five of which reached Governor Brown's desk. Only one bill was signed into law: AB 856 (Calderon), which expanded the scope of physical invasion of privacy claims to include using a UAS to enter the airspace over private property for the purpose of taking photos or other recordings. Governor Brown vetoed several other UAS bills on the grounds that, "Each of these bills creates a new crime - usually by finding a novel way to characterize and criminalize conduct that is already proscribed. This multiplication and particularization of criminal behavior creates increasing complexity without commensurate benefit." In the meantime, several California cities and special districts have enacted their own ordinances restricting UAS use. In October 2015, the City of Los Angeles enacted UAS restrictions similar to the FAA's proposed regulations. In December 2015, the city filed the first criminal charges under the ordinance, citing two UAS operators for interfering with a Los Angeles Police Department helicopter, causing it to change its landing path. In Northern California, the Golden Gate Bridge Highway and Transportation District banned UAS near the Golden Gate Bridge after a drone crashed on the roadway. Other California jurisdictions that have enacted local UAS ordinances include the City of West Hollywood, the East Bay Regional Parks District and the City of Rancho Mirage. Others, including the City of Encinitas, are considering adopting UAS ordinances. 6)The federal preemption issue. Once the FAA has finished SB 868 Page 15 promulgating regulations governing the commercial use of UAS, a future court may find that those regulations preempt certain state laws - such as the provisions of this bill, if passed - but much remains uncertain. In Montalvo v. Spirit Airlines, the Ninth Circuit held in 2007 that federal law preempts state law aviation safety standards in areas in which the FAA has issued "pervasive regulations." In discussing the Montalvo case, the Ninth Circuit found that the specific FAA regulations relevant in the case were "pervasive" in that they were "specific," detail[ed]," "complete," "thorough" and "comprehensive" and that this pervasiveness evidenced Congressional intent to broadly preempt state law. The Montalvo court held that "federal law occupies the entire field of aviation safety. Congress' intent to displace state law is implicit in the pervasiveness of the federal regulations, the dominance of the federal interest in this area, and the legislative goal of establishing a single, uniform system of control over air safety." Montalvo v. Spirit Airlines, 508 F.3d 464, 473 (9th Cir. 2007) But two years later, in Martin ex rel. Heckman v. Midwest Express Holdings, Inc., the Ninth Circuit limited the scope of FAA preemption and held that state law was only preempted if the specific area covered by the plaintiff's tort claim was the subject of pervasive federal regulations. (555 F.3d 806, 811 (9th Cir. 2009)) The FAA itself recently took a more concrete position on the issue of preemption of state and local UAS regulation. According to a December 17, 2015, FAA white paper entitled, "State and Local Regulation of Unmanned Aircraft Systems (UAS)," the FAA stated that "[l]aws traditionally related to state and local police power - including land use, zoning, privacy, trespass, and law enforcement operations - generally are not subject to federal regulation." The FAA cited the following as examples: SB 868 Page 16 Requiring police to obtain a warrant before using UAS for surveillance; Specifying that UAS may not be used for voyeurism; Prohibiting the use of UAS to hunt or fish or interfere with someone hunting or fishing; and Banning the weaponization of UAS. However, the FAA fact sheet identifies other areas for which it recommends consultation with the FAA, such as "operational UAS restrictions on flight altitude, flight paths; operational bans; any regulation of navigable airspace. For example - a city ordinance banning anyone from operating UAS within city limits, within the airspace of the city or within certain distances of landmarks." The FAA fact sheet states further that "federal courts strictly scrutinize state and local regulation of overflight" and that "[s]tate and local restrictions affecting UAS operations should be consistent with the extensive federal statutory and regulatory framework pertaining to control of the airspace, flight management and efficiency, air traffic control, aviation safety, navigational facilities, and the regulation of aircraft noise at its source." Many of the provisions of this bill would create no-fly zones, place restrictions on overflight, and impose other operational restrictions, which appear to fall into the above category, which requires consistency with the FAA's extensive federal regulatory framework pertaining to control of airspace and flight management in order to avoid preemption. SB 868 Page 17 Because the FAA regulations have not yet been finalized, it would be difficult - even for the FAA - to determine whether and in what ways the provisions of this bill conflict with the FAA regulatory framework. A coalition of technology companies and industry associations oppose this bill as premature and likely to be preempted by the FAA's broad authority to regulate navigable airspace. Industry experts, such as the Association for Unmanned Vehicle Systems International (AUVSI), contend that while state and local governments may have authority to regulate in the area of takeoff and landing of UAS in instances involving public safety and local police power under the Tenth Amendment of the U.S. Constitution, UAS flight path and overflight of both manned and unmanned aircraft are squarely within the FAA's jurisdiction. 1)Requiring Caltrans, OES, CHP, and the Departments of Fish and Wildlife and Parks and Recreation to regulate UAS . This bill requires the development of implementing regulations by Caltrans and involves several other departments in the oversight of UAS operation in California. Caltrans currently has a Division of Aeronautics, a 25-person unit, which deals with siting, planning, and inspection issues at public-use airports. These are airports open to the general public, such as Sacramento Executive Airport, and do not include the large commercial airports, such as Sacramento International Airport. Caltrans is the only state agency with any dealings or familiarity with the FAA, and the author contends Caltrans is therefore the best location to place the broad, new UAS regulatory duties created by this bill. SB 868 provides that, along with peace officers, the Director of Caltrans and the department's officers and employees, as designated by Caltrans, may enforce this bill and any rule or order issued under this bill, provided the officer has received the specified POST training. 2)Requiring commercial UAS operators to carry liability insurance . This bill requires every commercial UAS operator, and any person using, operating, or renting a UAS with the SB 868 Page 18 permission of a commercial operator, to maintain liability insurance. Caltrans is tasked with holding a public hearing on the issue and ultimately determining the amount of insurance necessary to provide adequate compensation for liability or damages incurred involving operation of a UAS. Recreational and other non-commercial drone operators are not required to obtain insurance under this bill, although many may have coverage through existing homeowners' insurance policies. AB 2724 (Gatto), which this Committee heard and approved earlier this year, requires hobbyist UAS operators to carry adequate liability insurance. 3)Arguments in support . The California State Association of Counties, states in support of this bill, that "the increased use of unmanned aircraft technology in recent years offers a variation of benefits, but also presents a series of challenges for state and local government regulatory authorities. The lack of clear regulations with this technology has led to multiple problems with the interference with first responders, firefighting efforts, near collisions with aircrafts, and invasion of privacy. SB 868 takes a critical step in addressing these issues." The League of California Cities (LCC) states in support, that "this measure is a reasonable effort to establish comprehensive state regulation of [UAS]. It thoughtfully makes use of existing enforcement resources by identifying state entities with current law enforcement responsibilities and tasking them with roles in the regulatory process." LCC states further, that "there is clearly a need for regulations in light of the vacuum represented by weak FAA requirements with respect to recreational [UAS]. The FAA itself has identified a definite role for local ordinances within the regulatory framework on [UAS] in its December 2015 Fact Sheet released by the Office of its General Counsel." The California League of Conservation Voters states in support that "The bill limits the use of drones over state parks and wildlife refuges while empowering land managers to allow drone SB 868 Page 19 use inappropriate circumstances, like conducting wildlife surveys or monitoring the health of particular species. California needs to act swiftly to protect our natural resources, and SB 868 provides a framework to ensure that these resources are preserved for future generations." The California Police Chiefs Association states in support that, "[UAS] technology is evolving rapidly and it is important that our laws be updated to protect our citizens' privacy and ensure public safety. SB 868 provides for both by establishing clear state guidelines for [UAS] operations, while empowering law enforcement and state agencies to enforce these rules." The City of West Hollywood, states in support that this bill "will complement the City of West Hollywood's recently adopted local ordinance...regulating [UAS]. The new ordinance imposes strict limits on flying [UAS] and specifically prohibits [UAS] from taking photos, video or audio recordings of people where they have a reasonable expectation of privacy, such as their homes or hotel rooms." 4)Arguments in opposition . A coalition of UAS manufacturers and industry organizations led by the California Chamber of Commerce and the Consumer Technology Association contend that the bill needlessly addresses already prohibited conduct (e.g., eavesdroppers and Peeping Toms), creates a new insurance requirement without justification, and is preempted by federal law. The coalition states that "to the extent legislation is adopted, it should clarify the scope of existing law and its application to UAS. State statutes that conflict with federal law, redundantly address already-forbidden conduct, or attach burdensome regulation to UAS operations would undermine innovation and provide a strong disincentive to the UAS industry regarding future developmental and educational activities in California." The Electronic Frontier Foundation (EFF) opposes this bill and expresses concerns about how this bill would affect the SB 868 Page 20 growing UAS hobbyist community. EFF contends that this bill makes an artificial distinction between non-commercial and commercial UAS uses, and in doing so "makes operations by non-commercial operators illegal when the very same operations would be legal if they were commercial in nature." EFF notes that while the bill contains numerous exceptions for commercial operations authorized by the FAA, not every operation authorized by the FAA is commercial. EFF writes, "The FAA distinguishes between hobby/recreational and non-hobby/non-recreational use, not between commercial and non-commercial. As such, many non-commercial yet FAA-sanctioned operations will be illegal under S.B. 868-including operations by non-profits, which the FAA has explicitly said fall under its authority." 5)Related legislation . AB 56 (Quirk) bans the weaponization of drones and regulates the use of UAS by public agencies, including law enforcement. AB 56 is pending on the Senate Floor. AB 1662 (Chau) protects people from hit-and-run UAS accidents by requiring UAS operators to remain at the scene of an accident and provide their name and address along with valid identification to the victim and the police. AB 1662 is pending in the Senate Public Safety Committee. AB 2320 (Calderon/Low) clarifies that using a UAS to enter the airspace within which a person is prohibited from entering under a given protective order is a violation of the protective order, permits a judge to prohibit a registered sex offender from operating a UAS, prohibits operating a UAS in a way that interferes with emergency response in an emergency, prohibits using a UAS to stalk another person, and prohibits using a UAS to deliver contraband into a prison. AB 2320 is pending in the Senate Public Safety Committee. AB 2724 (Gatto) requires UAS makers to include with the UAS a SB 868 Page 21 copy of FAA safety regulations, and if the UAS is required to be registered with the FAA, a notice of the registration requirement. The bill also requires UAS with GPS technology to be outfitted with a geo-fencing feature and requires UAS owners to have adequate liability insurance. AB 2724 is pending in the Senate Transportation & Housing Committee. 6)Prior legislation . AB 856 (Calderon), Chapter 521, Statutes of 2015, expanded the scope of the cause of action in existing law for physical invasion of privacy by making a person liable for physical invasion of privacy when the person knowingly enters "into the airspace" above the land of another person without permission. SB 142 (Jackson) of 2015 would have extended liability for wrongful occupation of real property and damages to a person who without permission operates a UAS below the navigable airspace overlaying the real property. SB 142 was vetoed by Governor Brown. SB 168 (Gaines) of 2015 would have increased fines for UAS interference with firefighting activities and granted civil immunity to public entities, public employees, and unpaid volunteers, and private entities acting within the scope of delegated authority, that damage a UAS in the course of providing a variety of emergency services. SB 168 was vetoed by Governor Brown. SB 170 (Gaines) of 2015 would have made it a felony to use UAS to deliver contraband into a prison or county jail and creates a misdemeanor crime for the use of UAS over a prison or capture images of a prison. SB 170 was vetoed by Governor Brown. SB 262 (Galgiani) of 2015 would have authorized a law enforcement agency to use a UAS if it complied with the U.S. and California Constitution, federal and state law, and provided the local governing board approved the use. SB 262 was held in the Senate Judiciary Committee. SB 868 Page 22 SB 263 (Gaines) of 2015 would have clarified that using a UAS to enter the airspace within which a person is prohibited from entering under a given protective order is a violation of the protective order. SB 263 was held in the Senate Public Safety Committee. SB 271 (Gaines) of 2015 would have prohibited the use of UAS at or less than 350 feet above a public school campus or to use a UAS to capture images of school campus during school hours without the written permission of the school principal. SB 271 was vetoed by Governor Brown. AB 1256 (Bloom), Chapter 852, Statutes of 2014, created a cause of action for the capture of a visual image or sound recording of another person with the use of an enhanced visual or audio device liable for "constructive" invasion of privacy, and made it illegal, and subject to civil liability, to attempt to obstruct, intimidate, or otherwise interfere with a person who is attempting to enter or exit a school, medical facility, or lodging, as defined. AB 2306 (Chau), Chapter 858, Statutes of 2014, expanded a person's potential liability for constructive invasion of privacy, by removing the limitation that the person use a visual or auditory enhancing device, and instead made the person liable when using any device to engage in the specified unlawful activity. SB 15 (Padilla) of 2013 would have imposed a search warrant requirement on law enforcement agency use of a UAS in certain circumstances, would have applied existing civil and criminal law to prohibited activities with devices or instrumentalities affixed to, or contained within a UAS, and would have prohibited equipping a UAS with a weapon, and would have SB 868 Page 23 prohibited using a UAS to invade a person's privacy. SB 15 failed passage in the Assembly Public Safety Committee. 7)Double-referral . This bill is double-referred to the Assembly Transportation Committee, where it will be heard if passed by this Committee. REGISTERED SUPPORT / OPPOSITION: Support Association of California Water Agencies California League of Conservation Voters California Police Chiefs Association California Ski Industry Association California State Association of Counties City of Beverly Hills City of Camarillo SB 868 Page 24 City of Palos Verdes Estates City of Redding City of Santa Maria City of Sunnyvale City of Thousand Oaks City of Torrance City of West Hollywood League of California Cities San Diego County Regional Airport Authority Ventura Council of Governments One individual Opposition SB 868 Page 25 3D Robotics Academy of Model Aeronautics Airware American Insurance Association Association for Unmanned Vehicle Systems International California Chamber of Commerce California Manufacturers & Technology Association CompTIA Consumer Technology Association CTIA - The Wireless Association DJI Electronic Frontier Foundation SB 868 Page 26 GoPro, Inc. Personal Insurance Federation of California Small UAV Coalition State Farm Mutual Automobile Insurance Company TechNet Yuneec USA Inc. Analysis Prepared by:Jennie Bretschneider / P. & C.P. / (916) 319-2200