SB 868: State Remote Piloted Aircraft Act.

Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the National Airspace System. Existing federal law generally requires an aircraft to be registered with the Federal Aviation Administration (FAA), prohibits a person from operating a United States registered aircraft unless that aircraft displays specified nationality and registration marks, and, unless authorized by the FAA, prohibits a person from placing on any aircraft a design, mark, or symbol that modifies or confuses those nationality and registration marks.

The State Aeronautics Act governs various matters relative to aviation in the state, including, among other things, fostering and promoting safety in aeronautics and establishing only those regulations that are essential and clearly within the scope of the authority granted to the Department of Transportation by the Legislature, in order that persons may engage in every phase of aeronautics with the least possible restriction consistent with the safety and the rights of others. A violation of the act is a crime punishable by a fine of not more than $1,000 or by imprisonment of not more than 6 months, or both.

Existing law establishes the Office of Emergency Services in the office of the Governor and makes the Office of Emergency Services responsible for the states emergency and disaster response services for natural, technological, or manmade disasters and emergencies.

This bill would enact the State Remote Piloted Aircraft Act. The bill would establish conditions for operating remote piloted aircraft, including the procurement of maintaining liability insurance or proof of financial responsibility. The bill would authorize the department to adopt rules and regulations governing the conditions under which remote piloted aircraft may be operated for the purpose of protecting and ensuring the general public interest and safety and the safety of persons operating remote piloted aircraft. The bill would authorize the Office of Emergency Services to adopt rules and regulations and to make and amend general or special rules, orders, and procedures with respect to operating a remote piloted aircraft in certain circumstances, including operating a remote piloted aircraft within 500 feet of critical infrastructure. The bill would prohibit the operation of remote piloted aircraft within 500 feet of critical infrastructure and in other specified areas, subject to exceptions, and would prohibit certain ways of operating remote piloted aircraft.

The bill would authorize the department to make and amend general or special rules, orders, and procedures, and establish minimum standards consistent with the act as it deems necessary, to assist political subdivisions and their law enforcement agencies, and to enter into any contracts necessary to the execution of its powers pursuant to the act, as specified. The bill would provide that an officer or employee designated by the Director of Transportation to exercise certain powers of arrest, as specified, and any state or peace officer charged with the enforcement of state and local laws or ordinances, ordinances may enforce and assist in the enforcement of the act, any rules or orders issued under the act, and all other state laws applicable to remote piloted aircraft or unmanned aircraft systems. The bill would provide that remedies provided by the act are cumulative with any other remedies available under law. The bill would provide that the provisions of the act are severable. The bill would make a violation of any provision of the act or any rule or order issued pursuant to the act punishable as an infraction with a fine not exceeding $250, or as a misdemeanor punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not exceeding $1,000, or by both that fine and imprisonment.

Because the bill would create 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.