Bill Text: CA AB2148 | 2015-2016 | Regular Session | Enrolled
Bill Title: Unmanned aircraft systems: operation or use within or over state-managed lands or waters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-29 - Vetoed by Governor. [AB2148 Detail]
Download: California-2015-AB2148-Enrolled.html
BILL NUMBER: AB 2148 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY MAY 12, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Holden
FEBRUARY 17, 2016
An act to amend Section 3003.5 of, and to add Sections 1746 and
2001.5 to, the Fish and Game Code, and to add Article 4 (commencing
with Section 5085) to Chapter 1.2 of Division 5 of the Public
Resources Code, relating to unmanned aircraft systems.
LEGISLATIVE COUNSEL'S DIGEST
AB 2148, Holden. Unmanned aircraft systems: operation or use
within or over state-managed lands or waters.
Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
civil and public unmanned aircraft systems, commonly known as
drones, into the national airspace system. Existing law establishes
both the Department of Fish and Wildlife and the Department of Parks
and Recreation in the Natural Resources Agency. A violation of any
rule or regulation made or adopted by the Department of Fish and
Wildlife pursuant to the Fish and Game Code is a misdemeanor. A
violation of the rules and regulations established by the Department
of Parks and Recreation to protect the state park system is
punishable as either a misdemeanor or an infraction.
This bill would make it unlawful for any person to operate an
unmanned aircraft system in, or fly an unmanned aircraft system over,
lands or waters managed by the Department of Fish and Wildlife and
Department of Parks and Recreation, except as authorized or unless
exempted from this prohibition. The bill would authorize the
consideration of certain factors when reviewing a request for
authorization for the use of an unmanned aircraft system.
The bill would also make it unlawful to use an unmanned aircraft
system to take, or assist in the take of, fish or wildlife for sport
purposes, including, but not limited to, the use of unmanned aircraft
systems for scouting purposes. The bill would provide that an
unmanned aircraft system is a motorized air vehicle within the
meaning of a certain existing prohibition and, thus, under that
prohibition may not be used to pursue, drive, or herd any bird or
mammal, except as specified, including, among other things, specified
permits and notices.
Because violations of the provisions of the bill would be crimes,
the bill would impose a state-mandated local program.
The bill would provide that certain of its provisions are
severable and do not apply to the operation of an unmanned aircraft
system by a state agency within or over these managed lands or
waters, or to any person whom the Federal Aviation Administration
authorizes to operate an unmanned aircraft system for a commercial
purpose and who operates it in a manner that complies with that
authorization.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the state
fully cooperate with the Federal Aviation Administration regarding
the appropriate division of responsibility for the regulation of
unmanned aircraft systems between the federal and state governments
so that the state may reserve and fully exercise any and all
appropriate authority pursuant to federal laws as they exist in their
current form and as they may be further amended hereafter.
SEC. 2. Section 1746 is added to the Fish and Game Code, to read:
1746. (a) It shall be unlawful for any person to operate an
unmanned aircraft system in, or fly an unmanned aircraft system over,
the department's managed lands or waters, except as authorized by
the department, or unless otherwise exempted from this section.
(b) The prohibition in subdivision (a) does not apply to the
operation of an unmanned aircraft system by a state agency within or
over department-managed lands or waters, or to any person whom the
Federal Aviation Administration, whether by permit, license, rule, or
regulation, authorizes to operate an unmanned aircraft system for a
commercial purpose and that is operated in a manner that complies
with that authorization and the applicable regulations of the
commission.
(c) The prohibition in subdivision (a) does not apply to
legitimate news-gathering activity by a person described in Section
1070 of the Evidence Code.
(d) The commission may draft regulations consistent with this
section and the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). In drafting the regulations, the commission shall
maintain the authority to limit or revoke approved requests for the
use of an unmanned aircraft system due to changing natural conditions
or land management requirements.
(e) In reviewing a request to authorize the use of an unmanned
aircraft system the department may, and in drafting the regulations
authorized pursuant to subdivision (d), the commission may, consider
any of the following:
(1) Protection of wildlife and visitors from harassment or
disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may
have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the
department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide
agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(9) Authorization for pursuit and take for depredation purposes
pursuant to Sections 3003.5 and 4181.
(10) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 3. Section 2001.5 is added to the Fish and Game Code, to
read:
2001.5. It shall be unlawful to use an unmanned aircraft system
to take, or assist in the take of, fish or wildlife for sport
purposes, including, but not limited to, the use of unmanned aircraft
systems for scouting purposes.
SEC. 4. Section 3003.5 of the Fish and Game Code is amended to
read:
3003.5. It is unlawful to pursue, drive, or herd any bird or
mammal with any motorized water, land, or air vehicle, including, but
not limited to, a motor vehicle, airplane, unmanned aircraft system,
powerboat, or snowmobile, except in any of the following
circumstances:
(a) On private property by the landowner or tenant thereof to haze
birds or mammals for the purpose of preventing damage by that
wildlife to private property.
(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe. With respect to unmanned
aircraft systems, this subdivision shall include a lawful
depredation permit issued by the department, notice to the department
of the intended use of an unmanned aircraft system, approval from
the department, and notice to the landowner.
(c) In the pursuit of agriculture.
SEC. 5. Article 4 (commencing with Section 5085) is added to
Chapter 1.2 of Division 5 of the Public Resources Code, to read:
Article 4. Unmanned Aircraft Systems
5085. (a) It shall be unlawful for any person to operate an
unmanned aircraft system in, or fly an unmanned aircraft system over,
Department of Parks and Recreation managed lands or waters, except
as authorized by the department, or unless otherwise exempted from
this article.
(b) The prohibition in subdivision (a) does not apply to the
operation of an unmanned aircraft system by a state agency within or
over department-managed lands or waters, or to any person whom the
Federal Aviation Administration, whether by permit, license, rule, or
regulation, authorizes to operate an unmanned aircraft system for a
commercial purpose and that is operated in a manner that complies
with that authorization and the applicable regulations of the
department.
(c) The prohibition in subdivision (a) does not apply to
legitimate news-gathering activity by a person described in Section
1070 of the Evidence Code.
(d) The department may draft regulations consistent with this
section and the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). In drafting the regulations, the department shall
maintain the authority to limit or revoke approved requests for the
use of an unmanned aircraft system due to changing natural conditions
or land management requirements.
(e) In reviewing a request to use an unmanned aircraft system or
in drafting the regulations authorized pursuant to subdivision (d),
the department may consider any of the following:
(1) Protection of wildlife and visitors from harassment or
disturbance.
(2) Harm to sensitive species, including those listed as
threatened or endangered or that have other protected status.
(3) Disruption to wildlife at times of the year when incidents may
have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the
department-managed lands.
(5) The purpose of the department-managed lands.
(6) Operation of an unmanned aircraft system in a careless or
reckless manner, including an operator's failure to adhere to visual
line-of-sight practices.
(7) De minimis access by adjacent landowners for bona fide
agricultural purposes.
(8) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(9) Other special purposes as approved by the department.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 6. 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.
