Bill Text: CA AB2148 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 2148 AMENDED BILL TEXT 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 add Section 714.5 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, as amended, Holden. Unmanned aircraft systems: regulation. 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 require, on or before January 1, 2018, the Department of Fish and Wildlife and the Department of Parks and Recreation to develop regulations for the use of unmanned aircraft systems, commonly known as drones, over the public lands managed by each department. In developing the regulations, the bill would require these state departments to consider, among other things, protecting wildlife from unnecessary harassment or disturbance and protecting the natural, cultural, and historic values of state lands. Because violations of these regulations could be 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 714.5 is added to the Fish and Game Code, to read: 714.5. (a) On or before January 1, 2018, the Department of Fish and Wildlife shall develop regulations for the use of unmanned aircraft systems, commonly known as drones, over the public lands managed by the department. (b) In developing regulations pursuant to subdivision (a), the department shall consider all of the following: (1) Protecting wildlife from unnecessary harassment or disturbance. (2) Protecting sensitive species, including those listed as threatened or endangered, or that have other protected status. (3) Protecting wildlife at times of the year where incidents may have disproportionate effects, including, but not limited to, during nesting, breeding, gestation, and migration seasons. (4) Protecting the natural, cultural, and historic values of state lands. (5) Permitting the appropriate use of unmanned aircraft systems for conservation and scientific research purposes. (c) In developing the regulations, the department shallconsiderallow de minimis access by adjacent landowners for agricultural purposes. SEC. 2. 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) On or before January 1, 2018, the Department of Parks and Recreation shall develop regulations for the use of unmanned aircraft systems, commonly known as drones, over the public lands managed by the department. (b) In developing regulations pursuant to subdivision (a), the department shall consider all of the following: (1) Protecting wildlife from unnecessary harassment or disturbance. (2) Protecting sensitive species, including those listed as threatened or endangered, or that have other protected status. (3) Protecting wildlife at times of the year where incidents may have disproportionate effects, including, but not limited to, during nesting, breeding, gestation, and migration seasons. (4) Protecting the natural, cultural, and historic values of state lands. (5) Permitting the appropriate use of unmanned aircraft systems for conservation and scientific research purposes. (c) In developing the regulations, the department shallconsiderallow de minimis access by adjacent landowners for agricultural purposes. 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.