Bill Text: NJ A1291 | 2024-2025 | Regular Session | Introduced


Bill Title: Permits certain entities to operate unmanned aircraft systems to inspect damage to critical infrastructure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A1291 Detail]

Download: New_Jersey-2024-A1291-Introduced.html

ASSEMBLY, No. 1291

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblyman  ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Permits certain entities to operate unmanned aircraft systems to inspect damage to critical infrastructure.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the operation of unmanned aircraft systems by certain entities and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The Office of Homeland Security and Preparedness, in consultation with the Board of Public Utilities and the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations permitting a public utility, cable television company, or telecommunications service provider to operate an unmanned aircraft system in this State to assess, inspect, operate, or otherwise maintain any critical infrastructure owned or operated by the public utility, cable television company, or telecommunications service provider within this State, provided that the public utility, cable television company, or telecommunications service provider shall operate the unmanned aircraft system in a manner consistent with applicable federal law and regulations. Nothing in this section shall be construed to affect any federal preemption of State law governing aviation.

      b.   A public utility, cable television company, or telecommunications service provider may contract with a third party to operate unmanned aircraft systems, pursuant to any applicable regulations adopted by the Federal Aviation Administration and any applicable regulations adopted by the Office of Homeland Security and Preparedness pursuant to this section, to conduct the inspections described in subsection a. of this section.

      c.   For the purposes of this section:

      "Cable television company" shall have the same meaning as provided in section 3 of P.L.1972, c.186 (C.48:5A-3).

      "Critical infrastructure" means the physical systems and assets of a public utility, cable television company, or telecommunications service provider that are so vital to the State that the full or partial incapacity or destruction of these systems and assets would have a debilitating impact on the State's security, economy, public health, public safety, or any combination thereof.

      "Operate" shall have the same meaning as provided in section 1 of P.L.2017, c.315 (C.2C:40-27).

      "Public utility" shall have the same meaning as provided in R.S.48:2-13, and shall include dams subject to the provisions of the "Safe Dam Act," P.L.1981, c.249 (C.58:4-8.1 et al.).

      "Telecommunications service provider" means an entity that does business in this State and that offers telecommunications service, including, but not limited, to Internet service, directly to the public, or to classes of users as to be effectively available directly to the public, whether wireless or wireline, and regardless of whether a fee is charged for the use of the service.

      "Unmanned aircraft" shall have the same meaning as provided in section 1 of P.L.2017, c.315 (C.2C:40-27).

      "Unmanned aircraft system" shall have the same meaning as provided in section 1 of P.L.2017, c.315 (C.2C:40-27).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill directs the Office of Homeland Security and Preparedness, in consultation with the Board of Public Utilities and Department of Environmental Protection, to adopt rules and regulations permitting public utilities (utilities), cable television (CATV) companies, and telecommunications service providers  to operate unmanned aircraft, commonly known as drones, in this State. The operation of the drones is to be used to assess, inspect, operate, or otherwise maintain the critical infrastructure of the utilities, CATV companies, and telecommunications service providers within this State. The use of drones is to help facilitate the quick identification of damaged infrastructure to efficiently restore the associated service in a timely manner.

     The bill provides that the utilities, CATV companies, and telecommunications service providers are to operate the drones in a manner consistent with applicable federal law and regulations.  The utilities, CATV companies, and telecommunications service providers may contract with a third party to operate unmanned aircraft systems pursuant to the regulations of the Federal Aviation Administration and any regulations of the Office of Homeland Security and Preparedness to conduct the inspections provided for under the bill. Nothing in this bill is to be construed to affect federal preemption of State law governing aviation.

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