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 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
Section 714.5 to 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, as amended, Holden. Unmanned aircraft systems:
regulation. managed lands or waters: take of fish and
wildlife.
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 governing the launching, landing,
or ground-based operation of unmanned aircraft systems, commonly
known as drones, from or on the public lands and waters managed by
each department. In developing the regulations, the bill would
require these state departments to address, 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.
This bill would make it unlawful for any person to launch, land,
or operate an unmanned aircraft system from Department of Fish and
Wildlife and Department of Parks and Recreation managed lands or
waters, except as authorized by these departments, or unless exempted
from this prohibition. The bill would authorize the departments to
consider certain factors when reviewing a request for the departments'
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,
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.
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 any person who the Federal Aviation Administration
authorizes to operate a remote piloted aircraft 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.
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 governing the launching,
landing, or ground-based operation of unmanned aircraft systems,
commonly known as drones, from or on the public lands and waters
managed by the department.
(b) In developing regulations pursuant to subdivision (a), the
department shall address 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.
(6) Ensuring that unmanned aircraft systems are not operated in a
careless or reckless manner, including ensuring that operators adhere
to visual line-of-sight practices.
(c) In developing the regulations, the department shall allow de
minimis access by adjacent landowners for agricultural purposes.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation Administration
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(e) 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.
SECTION 1. Section 1746 is added to the
Fish and Game Code , to read:
1746. (a) It shall be unlawful for any person to launch, land, or
operate an unmanned aircraft system from department managed lands,
as defined in Section 1745, except as authorized by the department,
or unless otherwise exempted from this section.
(b) In reviewing a request for department authorization for the
use of an unmanned aircraft system, the department may consider any
of the following:
(1) Protecting wildlife and visitors from unnecessary 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 where incidents
may have disproportionate effects, including, but not limited to,
during nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the
department-managed land.
(5) The purpose of the department-managed land.
(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) Other special purposes as approved by the department.
(c) The prohibition in subdivision (a) does not apply to any of
the following:
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) De minimis access by adjacent landowners for agricultural
purposes.
(3) Legitimate news gathering activity by a person described in
Section 1070 of the Evidence Code.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration, whether by permit, license, rule, or regulation,
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(e) 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. 2. 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, including, but
not limited to, the use of unmanned aircraft systems for scouting
purposes.
SEC. 3. Section 3 003.5 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.
(c) In the pursuit of agriculture.
SEC. 2. SEC. 4. 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 governing the launching,
landing, or ground-based operation of unmanned aircraft systems,
commonly known as drones, from or on the public lands and waters
managed by the department.
(b) In developing regulations pursuant to subdivision (a), the
department shall address 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.
(6) Ensuring that unmanned aircraft systems are not operated in a
careless or reckless manner, including ensuring that operators adhere
to visual line-of-sight practices.
(c) In developing the regulations, the department shall allow de
minimis access by adjacent landowners for agricultural purposes.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation Administration
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(e) 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.
5085. (a) It shall be unlawful for any person to launch, land, or
operate an unmanned aircraft system from Department of Parks and
Recreation managed lands or waters, except as authorized by the
department, or unless otherwise exempted from this article.
(b) In reviewing a request for department authorization for the
use of an unmanned aircraft system, the department may consider any
of the following:
(1) Protecting wildlife and visitors from unnecessary 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 where incidents
may have disproportionate effects, including, but not limited to,
during nesting, breeding, gestation, and migration seasons.
(4) The natural, cultural, and historic value of the managed land
or water.
(5) The purpose of the department managed land or water.
(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) Other special purposes as approved by the department.
(c) The prohibition in subdivision (a) does not apply to any of
the following:
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) De minimis access by adjacent landowners for agricultural
purposes.
(3) Legitimate news gathering activity by a person described in
Section 1070 of the Evidence Code.
(d) This section does not apply to the operation of an unmanned
aircraft system by any person who the Federal Aviation
Administration, whether by permit, license, rule, or regulation,
authorizes to operate a remote piloted aircraft for a commercial
purpose and who operates it in a manner that complies with that
authorization.
(e) 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. SEC. 5. 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.
