THE SENATE |
S.C.R. NO. |
143 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM AND APPLIED RESEARCH LABORATORY AT THE UNIVERSITY OF HAWAII TO CONVENE A WORKING GROUP TO DEVELOP RECOMMENDATIONS REGARDING THE SAFE, LEGAL, AND BENEFICIAL USE OF UNMANNED AIRCRAFT SYSTEMS IN HAWAII.
WHEREAS, unmanned aircraft systems (UAS) are expanding rapidly in capability and availability, driven by mass manufacturing and ever-improving technology; and
WHEREAS, numerous benefits of UAS have been demonstrated through constructive use of UAS in the United States and around the world for the public safety, health, conservation, education, and entertainment industries; and
WHEREAS, malicious, nuisance, uninformed, and improper usage of UAS have also occurred in Hawaii and other jurisdictions, challenging law enforcement and prosecution efforts to determine the appropriate legal context to apply existing laws and prevent adverse outcomes; and
WHEREAS, numerous bills have been presented to this body in recent sessions seeking to address issues caused by UAS, all of which have not been enforceable for a variety of reasons; and
WHEREAS, best practices, standards, and educational and certification frameworks for UAS use are now being taken on at the national level through presidential initiatives, rules by federal departments and agencies, and suggestions from professional organizations; and
WHEREAS, in 2015, the Hawaii Unmanned Aerial Systems Test Site Advisory Board was established under the Office of Aerospace Development in the Department of Business, Economic Development, and Tourism to oversee the planning and operation of the Hawaii Unmanned Aerial Systems Test Site and unmanned aerial systems development and testing; and
WHEREAS, in 2018, the Department of Business, Economic Development, and Tourism applied to the Federal Aviation Administration as a Lead Applicant to participate in the Unmanned Aircraft Systems Integration Pilot Program, in which the State will have the opportunity to explore the best way forward for UAS use in Hawaii; and
WHEREAS, the Applied Research Laboratory at the University of Hawaii participates as a member of the Pan Pacific Unmanned Aircraft System Test Range Complex, leading to strong relationships at the national and regional level with agencies and individuals at the forefront of national efforts to evaluate UAS use; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Department of Business, Economic Development, and Tourism and Applied Research Laboratory at the University of Hawaii are requested to convene a Hawaii Unmanned Aircraft Systems Working Group to advise and inform this body, legislative committees, public agencies, city and county councils, and the public on developments and risks of UAS usage, as well as the direction of national and local efforts to address UAS issues, to inform policy decisions regarding UAS; and
BE IT FURTHER RESOLVED that the Hawaii Unmanned Aircraft Systems Working Group is requested to be composed of the following members:
(1) The Director of Business, Economic Development, and Tourism, or the Director's designee, who is requested to serve as co-chair of the working group;
(2) The Executive Director of the Applied Research Laboratory at the University of Hawaii, or the Executive Director's designee, who is requested to serve as co‑chair of the working group; and
(3) A representative from the Department of Public Safety with a law enforcement background; and
BE IT FURTHER RESOLVED that the Hawaii Unmanned Aircraft Systems Working Group is requested to invite for participation in the working group representatives from:
(1) National and international UAS organizations and associations, such as the Association for Unmanned Vehicle Systems International and Commercial Drone Alliance;
(2) National and international standards organizations, such as the Radio Technical Commission on Aeronautics and ASTM International;
(3) United States Pacific Command and the Hawaii National Guard;
(4) State and federal law enforcement agencies such as the Federal Bureau of Investigation, Hawaii Fusion Center, and local police departments;
(5) Public and private safety and security agencies and organizations, such as fire departments, emergency medical services, and private security contractors;
(6) State and county health, water, natural resources, business, and consumer affairs departments;
(7) Event organizers for major outdoor events, such as the Lantern Festival, Kona Ironman, and Honolulu Marathon, and organizations using or representing users of extensive outdoor lands, such as the Hawaiian Electric Industries, Inc., Hawaii Farm Bureau, and Hawaii Cattlemen's Association;
(8) Aeronautics departments and agencies, such as the Federal Aviation Administration, Hawaii Department of Transportation, Aircraft Owners and Pilots Association, and aeronautics training organizations;
(9) Educational systems, such as the University of Hawaii System, Hawaii Pacific University, and secondary schools;
(10) Other organizations that may be highlighted during deliberations;
(11) A representative from the Hawaii UAV Service, LLC; and
(12) Members of the public; and
BE IT FURTHER RESOLVED that the Hawaii Unmanned Aircraft Systems Working Group is requested to:
(1) Perform a systematic survey of UAS user and potential user needs and a similar, but oppositional, systematic survey of landowner, regulatory, and enforcement needs;
(2) Research other states' and jurisdictions' problems, issues, and solutions, including legislative solutions;
(3) Engage with national efforts to establish best practices, standards, and rules and regulations in order to enhance its fact-finding and ensure needs specific to Hawaii are recognized in federal decision-making; and
(4) Submit an annual report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of each regular session; and
BE IT FURTHER RESOLVED that the Senate and House of Representative committees whose scope and purview include programs related to the penal code, law enforcement, civil liberties, public safety, higher education, business, economic development, and technology are requested to provide oversight and guidance to the Hawaii Unmanned Aircraft Systems Working Group; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Business, Economic Development, and Tourism; Director of Public Safety; Executive Director of the Applied Research Laboratory; President of the Senate; and Speaker of the House of Representatives.
Unmanned Aircraft Systems; Working Group