Bill Text: CA SB167 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fires: interference: unmanned aircraft.

Spectrum: Slight Partisan Bill (Republican 20-8-1)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB167 Detail]

Download: California-2015-SB167-Amended.html

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BILL NUMBER: SB 167	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2015

INTRODUCED BY   Senator Gaines
    (   Principal coauthor:   Assembly Member
  Gatto   ) 
    (   Coauthors:   Senators  
Berryhill   and Fuller   ) 
    (   Coauthors:   Assembly Members 
 Dahle,   Beth Gaines,   and Obernolte 
 ) 

                        FEBRUARY 5, 2015

    An act to amend Section 38564 of the Health and Safety
Code, relating to greenhouse gas emissions.   An act to
add Section 4167 to the Public Resources Code, relating to forest
fires, and declaring the urgency thereof, to take effect immediately.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 167, as amended, Gaines.  California Global Warming
Solutions Act of 2006.   Forest fires: interference:
unmanned aircraft.  
   Existing law prohibits specified behavior at forest fire sites,
including disobeying the lawful orders of a public officer or
firefighter or interfering with the lawful efforts of a firefighter
to extinguish the fire, and makes this proscribed activity a
misdemeanor, punishable by imprisonment in a county jail for not more
than 6 months, or by a fine not exceeding $1,000, or by both that
fine and imprisonment.  
   This bill would make it a misdemeanor to violate any of these
provisions through the use or operation of an unmanned aircraft or
unmanned aircraft system, punishable by a fine of not less than $200
or not more than $2,000, or to knowingly, intentionally, or
recklessly violate any of these provisions through the use or
operation of an unmanned aircraft or unmanned aircraft system,
punishable by imprisonment in a county jail for not more than 6
months, or by a fine of $5,000, or by both that fine and
imprisonment. By creating new 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.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions.  
   Existing law requires the state board to consult with other
states, the federal government, and other nations to identify the
most effective strategies and methods to reduce greenhouse gases,
manage greenhouse gas control programs, and facilitate the
development of integrated and cost-effective regional, national, and
international greenhouse gas reduction programs.  
   This bill would make nonsubstantive changes to these provisions.

   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4167 is added to the  
Public Resources Code   , to read:  
   4167.  (a) Except as provided in subdivision (b), a person who
violates this article through the use or operation of an unmanned
aircraft or unmanned aircraft system is guilty of a misdemeanor,
punishable by a fine of not less than two hundred dollars ($200) or
not more than two thousand dollars (2,000).
   (b) A person who knowingly, intentionally, or recklessly violates
this article through the use or operation of an unmanned aircraft or
unmanned aircraft system is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not more than six months, or by a
fine of five thousand dollars ($5,000), or by both that fine and
imprisonment.
   (c) For purposes of this section, "unmanned aircraft" means an
aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft.
   (d) For purposes of this section, "unmanned aircraft system" means
an unmanned aircraft and associated elements, including, but not
limited to, communication links and the components that control the
unmanned aircraft that are required for the pilot in command to
operate safely and efficiently in the national airspace system. 

   SEC. 2.    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. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   To address the interference of unmanned aircraft with efforts to
fight forest fires during the current fire season, it is necessary
that this act take effect immediately.  
  SECTION 1.    Section 38564 of the Health and
Safety Code is amended to read:
   38564.  The state board shall consult with other states, the
federal government, and other nations to identify the most effective
strategies and methods to reduce greenhouse gases, manage greenhouse
gas control programs, and facilitate the development of integrated
and cost-effective regional, national, and international greenhouse
gas reduction programs.