Bill Text: NY A10305 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that it is a class E felony to operate a model or unmanned aircraft over a critical infrastructure facility including an electrical power generating facility, petroleum or natural gas refinery or stage facility, or an aboveground oil, gas or chemical pipeline.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-13 - referred to codes [A10305 Detail]
Download: New_York-2021-A10305-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10305 IN ASSEMBLY May 13, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Smith) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to unlawful operation of model or unmanned aircraft over a critical infrastructure facility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 240.78 to 2 read as follows: 3 § 240.78 Unlawful operation of model or unmanned aircraft over a crit- 4 ical infrastructure facility. 5 1. It is unlawful for a person to (a) knowingly operate or use a model 6 or unmanned aircraft over a critical infrastructure facility at an alti- 7 tude not higher than four hundred feet above ground level; or (b) allow 8 a model or unmanned aircraft system to make contact with a critical 9 infrastructure facility, including any person or object on the premises 10 of or within the facility. 11 2. This section does not apply to: 12 (a) the federal government; 13 (b) a public body; 14 (c) a law enforcement agency; 15 (d) a person under contract with or otherwise acting under the direc- 16 tion or on behalf of the federal government, a public body or a law 17 enforcement agency; 18 (e) an owner or operator of the critical infrastructure facility or a 19 person who has the prior written consent of the owner or operator of the 20 critical infrastructure facility; 21 (f) the owner or occupant of the property on which the critical 22 infrastructure facility is located or a person who has the prior written 23 consent of the owner or occupant of the property on which the critical 24 infrastructure facility is located; or 25 (g) a person operating an unmanned aircraft system for commercial 26 purposes in compliance with authorization granted by the Federal 27 Aviation Administration. 28 3. For the purposes of this section: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14146-01-1A. 10305 2 1 (a) (i) "Unmanned aircraft" means an aircraft, including an aircraft 2 commonly known as a drone, that is operated without the possibility of 3 direct human intervention from within or on the aircraft; and 4 (ii) "Unmanned aircraft system" means an unmanned aircraft and asso- 5 ciated elements, including any communication links and components that 6 control the unmanned aircraft. 7 (b) "Commercial purposes" means the use of an unmanned aircraft in 8 return for financial compensation and includes aerial photography, aeri- 9 al mapping or geospatial imaging. 10 (c) "Critical infrastructure facility" means any of the following 11 facilities, if completely enclosed by a fence or other physical barrier 12 that is obviously designed to exclude intruders, or if marked with a 13 sign conspicuously posted on the property that indicates that entry is 14 forbidden: 15 (i) a petroleum or alumina refinery; 16 (ii) an electrical power generating facility, substation, switching 17 station or electrical control center; 18 (iii) a chemical, polymer or rubber manufacturing facility; 19 (iv) a water intake structure, water treatment facility, wastewater 20 treatment plant or pump station; 21 (v) a natural gas compressor station; 22 (vi) a liquid natural gas terminal or storage facility; 23 (vii) a telecommunications central switching office; 24 (viii) a port, railroad switching yard, trucking terminal or other 25 freight transportation facility; 26 (ix) a gas processing plant, including a plant used in the processing, 27 treatment or fractionation of natural gas; 28 (x) a transmission facility used by a federally licensed radio or 29 television station; 30 (xi) a steelmaking facility that uses an electric arc furnace to make 31 steel; 32 (xii) a dam that is classified as a high hazard by any regulatory 33 body; 34 (xiii) any portion of an aboveground oil, gas or chemical pipeline 35 that is enclosed by a fence or other physical barrier that is obviously 36 designed to exclude intruders; or 37 (xiv) a correctional facility or law enforcement facility. 38 (d) "Public unmanned aircraft" means an unmanned aircraft or unmanned 39 aircraft system that is operated by a public agency for a government-re- 40 lated purpose. 41 Unlawful operation of model or unmanned aircraft over a critical 42 infrastructure facility is a class E felony. 43 § 2. This act shall take effect immediately.