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 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, as amended, Holden. Unmanned aircraft systems:
managed lands or waters: take of fish and wildlife.
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
launch, land, or operate an unmanned aircraft system
from or within lands, waters, or airspace 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 by these
departments, or unless exempted from this prohibition. The
bill would authorize the departments to consider
consideration of 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 taking take
of, fish or wildlife, 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 any person who a state agency
within or over these managed lands or waters, or to any person whom
the Federal Aviation Administration authorizes to operate
a remote piloted 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.
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. 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 launch,
land, or operate an unmanned aircraft system from
department-managed lands, as defined in Section 1745, or within
department-managed airspace, 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) pertaining
does not apply to the operation of an
unmanned aircraft systems within department-managed
airspace does not apply to the operation of an unmanned aircraft
system by a person whom the Federal Aviation Administration,
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 a remotely piloted
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. commission.
(c) The prohibition in subdivision (a) does not apply to
any of the following: legitimate news-gathering
activity by a person described in Section 1070 of the Evidence Code.
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) Legitimate news-gathering activity by a person described in
Section 1070 of the Evidence Code.
(d) The department 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 department may 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.
(7)
(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 taking take
of, fish or wildlife, 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
predation 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 launch,
land, or operate an unmanned aircraft system from
department-managed lands or waters or within department-managed
airspace, 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) pertaining to the
operation of unmanned aircraft systems within department-managed
airspace does not apply to the operation of an unmanned aircraft
system by a person whom the Federal Aviation Administration,
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 a remotely piloted
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
any of the following: legitimate news-gathering
activity by a person described in Section 1070 of the Evidence Code.
(1) The appropriate use of unmanned aircraft systems for
conservation and scientific research purposes.
(2) 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
and 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.
(7)
(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.
