Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would make it unlawful for a person to operate a manned aircraft in pest control unless the person holds a valid manned pest control aircraft pilots certificate or to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft holds either a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. The bill would require a pilot to be certified by the State Department of Public Health as a vector control technician, as specified, to be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician. The bill would also make conforming changes. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would make it unlawful for a person to operate a manned aircraft in pest control unless the person holds a valid manned pest control aircraft pilots certificate or to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft holds either a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. The bill would require a pilot to be certified by the State Department of Public Health as a vector control technician, as specified, to be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician. The bill would also make conforming changes. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would also make it unlawful for a person to operate a manned aircraft in pest control unless the person holds a valid manned pest control aircraft pilots certificate or to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft holds either a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control operations. control. The bill would require a pilot to be certified by the State Department of Public Health as a vector control technician, as specified, to be eligible for a an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator. vector control technician. The bill would also make conforming changes relating to the certificate for an unmanned aircraft operator. changes. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would also make it unlawful for a person to operate an unmanned aircraft in pest control unless the pilot operating the unmanned aircraft holds a valid pest control aircraft pilots certificate issued by the director, director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control operations, and is operations. The bill would require a pilot to be certified by the State Department of Public Health as a vector control technician, as specified. specified, to be eligible for a pest control aircraft pilots certificate under the status of unmanned aircraft operator. The bill would also make conforming changes relating to the certificate for an unmanned aircraft operator. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would also make it unlawful for a person to operate an unmanned aircraft in pest control unless the pilot operating the unmanned aircraft holds a valid pest control aircraft pilots certificate issued by the director and director, is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control operations. operations, and is certified by the State Department of Public Health as a vector control technician, as specified. The bill would also make conforming changes relating to the certificate for an unmanned aircraft operator. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would also make it unlawful for a person to operate an unmanned aircraft in pest control unless the pilot operating the unmanned aircraft holds a valid pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control operations. The bill would also make conforming changes relating to the certificate for an unmanned aircraft operator. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law makes it unlawful for any person to operate an aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law requires each pest control aircraft pilots certificate to designate the pilots status as a journeyman or apprentice, and requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. A violation of the provisions regulating pest control or regulations adopted pursuant to those provisions is a misdemeanor.

This bill would also make it unlawful for a person to operate an unmanned aircraft in pest control unless the pilot operating the unmanned aircraft holds a valid pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control operations. The bill would also make conforming changes relating to the certificate for an unmanned aircraft operator. To the extent the bill would impose additional duties on county agricultural commissioners and because the bill would create a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 527

Author:(Caballero)

As Amended Ver:September 8, 2017

Majority vote

Original Committee Reference: AGRI.

SUMMARY: This bill allows commercial unmanned aircraft systems (drones) operations for the purposes of pesticide application for mosquito and vector control, provided that the drone operator complies with Federal Aviation Administration (FAA) rules governing drone flight and the drone operator has approval from the California Department of Pesticide Regulation (DPR). This bill creates a new pest control aircraft pilot (PCAP) certificate for drone operators, to be provided upon operators passing the exam, as specified.

The Senate amendments:

1. Narrow the use of drones for pesticide application from all uses to only being allowed to use in cases of mosquito and vector control.
2. Require, to be eligible for an unmanned pest control aircraft pilot's certificate under the status of vector control technician, a pilot to be certified by the State Department of Public Health as a vector control technician for mosquito control, as specified.
3. Make technical and conforming changes.

EXISTING LAW:

1. Requires any person who operates an aircraft in pest control to have a valid PCAP certificate issued by DPR and an appropriate and valid commercial pilot's certificate and a current appropriate medical certificate issued by the FAA.
2. Requires each PCAP certificate to designate the pilot's status as a journeyman or apprentice, and requires an applicant for a PCAP certificate to pass an examination as a condition of licensure.
3. Requires any person who acts as a PACP in any county to first register with the appropriate CAC.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has minor and absorbable costs to DPR and may have cost savings to mosquito and vector control districts (districts).

COMMENTS: California's districts have a vested duty to protect the public from existing and emerging threats caused by mosquitoes. Districts work closely with public health agencies and mosquito control product manufacturers in looking for best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes seeking more environmentally safe and cost effective application tools that serve as alternatives to traditional methods of fighting mosquitoes. One such example is emerging technology through the use of small drones, which are operated by a pilot in command on the ground using a remote transmitter instead of using manned aircraft.

According to the author, drones offers a more cost effective and safer method by providing a number of significant environmental and safety benefits over manned aircraft, including less disruption in wildlife management areas; reduced drift by using directed aerial spray applications, better monitoring of irrigation, increased detection of mosquito larvae, improved employee safety; reduced noise and fuel emissions; and, reduced costs of equipment and labor.

Current state law, which when written, did not foresee drones, imposes a requirement that any aerial pest control activity including those involving drones, must be performed by commercially rated licensed pilots. Supporters point out that obtaining a commercial pilot's license or hiring commercial pilots can be a time consuming and expensive process for districts. A change in state law will help expedite the use of drones so districts can use them as effective tools to fight mosquito-borne diseases.

Current FAA regulations allow for drone operators to perform routine commercial use of small drones (under 55 pounds on takeoff) while providing certain requirements such as permissible hours of flight, line-of-sight observations, altitude requirements, operator certification, aircraft registration and marking, and operational limits. This includes a requirement that drone operators pass an aeronautical test and abide by best practices to ensure public safety and privacy issues are addressed. Drone operators who want to fly outside the current requirements must request a waiver, but these are done on a case-by-case basis.

This bill addresses this concern by removing the requirement that operators of small drone use for pest control do not need a commercial pilot's license. Drone operators will still need to have authorization from DPR to conduct aerial pesticide applications, but without having to hold a commercial pilot's license unless required by FAA. Under this bill, DPR would also be allowed to refuse issuing a valid pest control aircraft pilot's certificate for operation of a drone, if the operator was not authorized by FAA for pest control operations.

Opponents state this bill "is premature and creates additional unnecessary hazards for manned aircraft. FAA has only approved one commercial unmanned aerial application system and that was with an FAA commercial pilot licensed with DPR under current pilot certification." Furthermore, opponents site safety concerns about drones operated by non-aircraft pilots.

This bill is substantially similar to the version passed by the Assembly.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0002208

 THIRD READING  

Bill No: AB 527

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17

AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern

NO VOTE RECORDED: Gaines

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 57-18, 5/15/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes commercial unmanned aircraft system (UAS) operations in California for purposes of vector control pesticide application.

Senate Floor Amendments of 9/8/17 clarify the type of license needed from both the Department of Pesticide Regulation and the Department of Public Health in order to use unmanned aircraft for pest control activities.

ANALYSIS:

Existing federal law:

1. Vests the Federal Aviation Administration (FAA) with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise.
2. Requires, under the FAA Modernization and Reform Act of 2012, the FAA, to safely integrate UAS operation into the national airspace system and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095)
3. Requires, under FAA rules, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (25 kilos). Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS.
4. Permits commercial UAS flight over unpopulated areas if safety conditions are met, as specified.

Existing state law:

1. Establishes, under the Mosquito Abatement and Vector District Law, vector control agencies and districts with the authority to:
   1. conduct surveillance and research program
   2. take all necessary and proper actions to prevent, abate and control vectorborne diseases,
2. Provides that every pest abatement district employee who handles applies or supervises the use of any pesticide for public health purposes shall be certified by the Department of Public Health (DPH).
3. Provides for the regulation of pesticides and pesticide regulation by the Department of Pesticide Regulation (DPR), and requires that a pest control business obtain a valid pest control business license issued by DPR.
4. Requires any person who operates an aircraft in pest control to have:
   1. A valid pest control aircraft pilot’s (PCAP) certificate, issued by DPR;
   2. An appropriate and valid commercial pilot’s certificate; and,
   3. A current appropriate medical certificate issued by the FAA.
      (Food and Agricultural Code (FAC) §§11901 and 11905)
   4. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
      1. The person is not qualified to conduct pest control operations, as specified;
      2. The person does not hold valid commercial pilot and medical certificates from the FAA; or,
      3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), any Department of Industrial Relations industrial safety order, or has not complied with any order of DPR or CAC, as specified.

This bill authorizes commercial UAS operations in California for purposes of vector control pesticide application, provided the UAS operator complies with FAA rules governing UAS flight and the UAS operator has approval from the DPR and the DPH as specified. Specifically:

1. Requires that a person who operates a UAS for the purposes of pest control have a valid PCAP certificate issued by DPR following an examination and is certified or otherwise authorized by the FAA to operate a UAS to conduct pest control operations.
2. Adds UAS operator to the types of PCAP certificates issued by DPR.
3. Requires a UAS operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
4. Allows DPR to refuse, revoke or suspend a PCAP certificate issued for the use of UAS in pesticide application as specified.

Background

1. Mosquitos and Vector Control. The mosquito is the deadliest creature on the planet. Throughout history, no insect has been a more significant contributor to human discomfort, disease, and death than the mosquito. Mosquito-borne disease is the cause of death in more than 1 million people every year worldwide. In the United States, at least nine types of viruses, including West Nile virus (WNV), dengue and chikungunya, and malaria are transmitted by mosquitoes. Infected mosquitoes spread WNV – which can cause serious, life-altering consequences and death.

In 2014, 798 human cases of WNV were reported from California. Of these, 543 developed the more severe neuroinvasive form of the disease resulting in 29 fatalities. WNV has become entrenched in the environment of California and the United States and will remains a public health threat.

Mosquito borne diseases also have economic impacts. Patient treatment costs can be high, including costs for inpatient and outpatient medical care, loss in productivity, miscellaneous costs such as nursing home, transportation, home health aides, and childcare costs. For example, the medical costs and lost productivity associated with the 163 human WNV cases from Sacramento and Yolo Counties in 2005 were estimated at nearly $3 million.

Control of mosquito populations is important to reduce the likelihood of diseases such as WNV being transmitted to people through mosquito bites. Most mosquito control programs reduce mosquito populations through a multi-faceted approach known as Integrated Pest Management (IPM). A mosquito has four life stages - egg, larva, pupa, and adult. In the life cycle of the mosquito, only the adult stage does not require standing water. An IPM program targets each life stage of the mosquito, but is intended to eliminate as many mosquitoes as possible before they emerge as biting adults.

California’s Mosquito Abatement Districts Act was enacted in 1915. More than 70 mosquito and vector control agencies have been established in California since 1915. Together, these agencies cover approximately 60,000 square miles and protect more than 85% of California residents.

These agencies engage in larval and adult mosquito population monitoring and control, monitor activity of vector mosquitoes and disease agents, and provide information to the communities they serve. The scope and range of activities within each program vary according to their location, climate, and available resources. Some areas in California are not within the jurisdiction of an established mosquito control program.

1. Climate Change and Vectors. Drought and high heat associated with climate change can further lead to public health impacts by facilitating disease spread as the distribution of vectors (e.g. ticks, mosquitoes) carrying pathogens spread into new habitats as regional climates change. For example, previous research has shown that human outbreaks of Saint Louis encephalitis are correlated with periods of several days when the temperature exceeds 30°C (95°F), as has been the case in previous California epidemics (Githeko et al. 2000).

Hot temperatures have also facilitated the spread of WNV by speeding up both the replication of the virus and the development of the mosquito that carries it. Mosquitoes digest blood meals more rapidly at higher temperatures, leading them to feed more often. This leads to an overall increase in mosquito populations that are biting more often. The number of WNV cases in California more than doubled in 2014 compared to the previous year.

Furthermore, higher temperatures along the coast could increase the risk of WNV in these areas, which have typically been at low risk. Somewhat counterintuitively, droughts, which will likely increase with climate change, can also favor mosquito breeding. Streams that would normally be flowing become a series of stagnant pools in which mosquitoes breed.

Tropical diseases, not previously observed in California, have been found in mosquito populations of California, primarily in Southern California. According to DPH’s Internet Web site, two invasive (non-native) mosquito species have recently been found in several California counties, and there is a potential for them to spread into other areas of California. They are named Aedes aegypti (the yellow fever mosquito) and Aedes albopictus (the Asian tiger mosquito). Unlike most native mosquito species, Aedes aegypti and Aedes albopictus bite during the day.  Both species are small black mosquitoes with white stripes on their back and on their legs. They can lay eggs in any small artificial or natural container that holds water. For example, a water bottle cap can serve as habitat for these mosquitos.

Aedes aegypti and Aedes albopictus have the potential to transmit several serious viruses, including dengue, chikungunya, zika, and yellow fever. None of these viruses are currently known to be transmitted within California, but thousands of people are infected with these viruses in other parts of the world, including in Mexico, Central and South America, the Caribbean, and Asia. The presence of Aedes aegypti and Aedes albopictus mosquitoes in California poses a threat that these viruses could spread in California.

1. Vector Control and UAS. California’s mosquito and vector control districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost-effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

According to the author, UAS offers a number of environmental and safety benefits, including reduced disruption of wildlife areas, reduced drift by using low-to-the-ground aerial spraying, better monitoring of pooled water, increased detection of mosquito larvae, improved employee safety, reduced noise and fuel emissions, and reduced equipment and labor costs.

Current state law was designed for licensed commercial airplane pilots. Supporters point out that obtaining a commercial pilot’s license or hiring commercial pilots can be time-consuming and expensive for special districts. This bill removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS.

The bill creates a new type of DPR pilot certificate just for the use of UAS. Since the UAS operator will not be operating an airplane, the bill does not require a person applying for a PCAP certificate for purposes of UAS pesticide application to have a commercial airplane pilot certificate.

1. Current regulation of UAS: Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events. In June 2016, the FAA adopted new rules (Part 107) permitting UAS flight over unpopulated areas but requiring numerous safety conditions to be met, including:

• Line of sight between the operator and the UAS;
• Daylight or twilight (30 minutes before sunrise to 30 minutes after sunset) operation;
• Appropriate anti-collision lighting;
• Minimum visibility of three miles;
• Maximum altitude of 400 feet;
• Maximum speed of 100 mph (87 knots);
• No flight over any person not participating in the operation;
• External loads must be securely attached and weigh (with the UAS) less than 55 pounds;
• The UAS operator must have an FAA remote pilot airman certificate and must obey FAA and local flight rules;
• The UAS operator must register the UAS with the FAA; and
• Any operation that results in serious injury, loss of consciousness, or property damage of $500 or more must be reported to the FAA within 10 days.

Requires UAS operators to have FAA authorization to fly and to comply with FAA rules, including the above highlighted safety precautions. Because the bill requires UAS operators to comply with all FAA rules, any future regulations the FAA adopts would automatically apply to UAS operations under this bill.

Comments

1. Purpose of Bill. According to the author’s office, “Today, Californians living in urban, rural and suburban areas all face threats of endemic risk from mosquito and vector-borne diseases. Some areas of California are experiencing nearly year-round potential exposure to a host of vector-transmitted diseases such as West Nile virus. Other diseases such as Zika have also recently emerged due to a number of factors, including climate change and increased ease of travel. Mosquito districts and public health agencies are seeking new precision-based application tools such as small unmanned aircraft to address these emerging threats but are hampered by an existing state law which requires the use of commercial licensed pilots for any aircraft involving pest control.”

The author states further, “[This bill] simply clarifies the proper certification and licensing requirements needed to operate manned aircraft and unmanned aircraft in aerial pest control activity. By updating state law, the bill clarifies that using UAS for pest control activity will require a valid pest control aircraft pilot’s certificate issued by DPR but it will not require a commercial pilot’s license. This will help expedite the use of UAS by allowing mosquito districts to use this emerging technology as an effective tool in fighting live mosquito-borne diseases, provided operators are certified by FAA to do so. There are a number of other benefits to UAS as well, including less disruption in wildlife management areas and sensitive lands, reduced pesticide drift, better monitoring of irrigation, increased detection of mosquito larvae, improved worker safety, reduced noise and fuel emissions, and reduced costs of equipment and labor.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/30/17)

Alameda County Mosquito Abatement District

Alameda County Vector Control Services District

Burney Basin Mosquito Abatement District

Butte County Mosquito and Vector Control District

California Special Districts Association

City of Norwalk Mayor Michael Mendez

Coachella Valley Mosquito and Vector Control District

Colusa Mosquito Abatement District

Contra Costa Mosquito and Vector Control District

County of Santa Cruz

Fresno Westside Mosquito Abatement District

Glenn County Mosquito and Vector Control District

Greater Los Angeles County Vector Control District

Kern Mosquito and Vector Control District

Madera County Mosquito and Vector Control District

Mosquito and Vector Control Association of California

Orange County Mosquito and Vector Control District

Placer Mosquito and Vector Control District

Sacramento-Yolo Mosquito and Vector Control District

San Joaquin County Mosquito and Vector Control District

San Mateo County Mosquito and Vector Control District

Shasta Mosquito and Vector Control District

Sutter-Yuba Mosquito and Vector Control District

Tulare Mosquito Abatement District

West Valley Mosquito and Vector Control District

2 Individuals

OPPOSITION: (Verified 8/30/17)

California Agricultural Aircraft Association

ARGUMENTS IN SUPPORT: According to the Mosquito and Vector Control Association, the bill’s sponsor, “California’s law was written 30 years ago when regulators only envisioned aerial pesticide applications being performed by manned aircraft without considering how emerging technology such as small UAS can protect public health. Updating state law to make distinctions between “manned aircraft” and unmanned aircraft” is also needed to ensure districts can expeditiously use emerging technology such as UAS to fight mosquitoes, provided such uses are authorized by the FAA.”

ARGUMENTS IN OPPOSITION: The California Agricultural Aircraft Association states in opposition to this bill, “Our members operate in low level environments with high levels of situational awareness but for our pilots to avoid collisions, they need to see an obstruction. Pilots of unmanned aircraft have time and time again been unaware of the normal flight patterns and restrictions near manned aircraft. From July 1, 2016 – September 30, 2016, the FAA received 97 reports of unmanned aircraft sighted near manned aircraft in California and across the nation 473 sightings were reported. It is only a matter of time until one of these unmanned aircraft cause a serious aviation accident.”

ASSEMBLY FLOOR: 57-18, 5/15/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gray, Grayson, Irwin, Jones-Sawyer, Kalra, Kiley, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Chen, Choi, Cunningham, Flora, Gallagher, Gonzalez Fletcher, Harper, Lackey, Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth, Voepel

NO VOTE RECORDED: Acosta, Dahle, Fong, Holden, Waldron

Prepared by:

9/11/17 20:00:51

**** END ****

9/11/17 20:00:52

 THIRD READING  

Bill No: AB 527

Author: Caballero (D)

Amended: 8/21/17 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17

AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern

NO VOTE RECORDED: Gaines

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 57-18, 5/15/17 - See last page for vote

SUBJECT: Pest control aircraft pilot’s certificate: unmanned aircraft

SOURCE: Author

DIGEST:

This bill authorizes commercial unmanned aircraft system (UAS) operations in California for purposes of vector control pesticide application.

ANALYSIS:

Existing federal law:

1. Vests the Federal Aviation Administration (FAA) with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise.
2. Requires, under the FAA Modernization and Reform Act of 2012, the FAA, to safely integrate UAS operation into the national airspace system and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095)
3. Requires, under FAA rules, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (25 kilos). Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS.
4. Permits commercial UAS flight over unpopulated areas if safety conditions are met, as specified.

Existing state law:

1. Establishes, under the Mosquito Abatement and Vector District Law, vector control agencies and districts with the authority to:
   1. conduct surveillance and research program
   2. take all necessary and proper actions to prevent, abate and control vectorborne diseases,
2. Provides that every pest abatement district employee who handles applies or supervises the use of any pesticide for public health purposes shall be certified by the Department of Public Health (DPH).
3. Provides for the regulation of pesticides and pesticide regulation by the Department of Pesticide Regulation (DPR), and requires that a pest control business obtain a valid pest control business license issued by DPR.
4. Requires any person who operates an aircraft in pest control to have:
   1. A valid pest control aircraft pilot’s (PCAP) certificate, issued by DPR;
   2. An appropriate and valid commercial pilot’s certificate; and,
   3. A current appropriate medical certificate issued by the FAA.
      (Food and Agricultural Code (FAC) §§11901 and 11905)
   4. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
      1. The person is not qualified to conduct pest control operations, as specified;
      2. The person does not hold valid commercial pilot and medical certificates from the FAA; or,
      3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), any Department of Industrial Relations industrial safety order, or has not complied with any order of DPR or CAC, as specified.

This bill authorizes commercial UAS operations in California for purposes of vector control pesticide application, provided the UAS operator complies with FAA rules governing UAS flight and the UAS operator has approval from the DPR and the DPH as specified. Specifically:

1. Requires that a person who operates a UAS for the purposes of pest control have a valid PCAP certificate issued by DPR following an examination and is certified or otherwise authorized by the FAA to operate a UAS to conduct pest control operations.
2. Adds UAS operator to the types of PCAP certificates issued by DPR.
3. Requires a UAS operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
4. Allows DPR to refuse, revoke or suspend a PCAP certificate issued for the use of UAS in pesticide application as specified.

Background

1. Mosquitos and Vector Control. The mosquito is the deadliest creature on the planet. Throughout history, no insect has been a more significant contributor to human discomfort, disease, and death than the mosquito. Mosquito-borne disease is the cause of death in more than 1 million people every year worldwide. In the United States, at least nine types of viruses, including West Nile virus (WNV), dengue and chikungunya, and malaria are transmitted by mosquitoes. Infected mosquitoes spread WNV – which can cause serious, life-altering consequences and death.

In 2014, 798 human cases of WNV were reported from California. Of these, 543 developed the more severe neuroinvasive form of the disease resulting in 29 fatalities. WNV has become entrenched in the environment of California and the United States and will remains a public health threat.

Mosquito borne diseases also have economic impacts. Patient treatment costs can be high, including costs for inpatient and outpatient medical care, loss in productivity, miscellaneous costs such as nursing home, transportation, home health aides, and childcare costs. For example, the medical costs and lost productivity associated with the 163 human WNV cases from Sacramento and Yolo Counties in 2005 were estimated at nearly $3 million.

Control of mosquito populations is important to reduce the likelihood of diseases such as WNV being transmitted to people through mosquito bites. Most mosquito control programs reduce mosquito populations through a multi-faceted approach known as Integrated Pest Management (IPM). A mosquito has four life stages - egg, larva, pupa, and adult. In the life cycle of the mosquito, only the adult stage does not require standing water. An IPM program targets each life stage of the mosquito, but is intended to eliminate as many mosquitoes as possible before they emerge as biting adults.

California’s Mosquito Abatement Districts Act was enacted in 1915. More than 70 mosquito and vector control agencies have been established in California since 1915. Together, these agencies cover approximately 60,000 square miles and protect more than 85% of California residents.

These agencies engage in larval and adult mosquito population monitoring and control, monitor activity of vector mosquitoes and disease agents, and provide information to the communities they serve. The scope and range of activities within each program vary according to their location, climate, and available resources. Some areas in California are not within the jurisdiction of an established mosquito control program.

1. Climate Change and Vectors. Drought and high heat associated with climate change can further lead to public health impacts by facilitating disease spread as the distribution of vectors (e.g. ticks, mosquitoes) carrying pathogens spread into new habitats as regional climates change. For example, previous research has shown that human outbreaks of Saint Louis encephalitis are correlated with periods of several days when the temperature exceeds 30°C (95°F), as has been the case in previous California epidemics (Githeko et al. 2000).

Hot temperatures have also facilitated the spread of WNV by speeding up both the replication of the virus and the development of the mosquito that carries it. Mosquitoes digest blood meals more rapidly at higher temperatures, leading them to feed more often. This leads to an overall increase in mosquito populations that are biting more often. The number of WNV cases in California more than doubled in 2014 compared to the previous year.

Furthermore, higher temperatures along the coast could increase the risk of WNV in these areas, which have typically been at low risk. Somewhat counterintuitively, droughts, which will likely increase with climate change, can also favor mosquito breeding. Streams that would normally be flowing become a series of stagnant pools in which mosquitoes breed.

Tropical diseases, not previously observed in California, have been found in mosquito populations of California, primarily in Southern California. According to DPH’s Internet Web site, two invasive (non-native) mosquito species have recently been found in several California counties, and there is a potential for them to spread into other areas of California. They are named Aedes aegypti (the yellow fever mosquito) and Aedes albopictus (the Asian tiger mosquito). Unlike most native mosquito species, Aedes aegypti and Aedes albopictus bite during the day.  Both species are small black mosquitoes with white stripes on their back and on their legs. They can lay eggs in any small artificial or natural container that holds water. For example, a water bottle cap can serve as habitat for these mosquitos.

Aedes aegypti and Aedes albopictus have the potential to transmit several serious viruses, including dengue, chikungunya, zika, and yellow fever. None of these viruses are currently known to be transmitted within California, but thousands of people are infected with these viruses in other parts of the world, including in Mexico, Central and South America, the Caribbean, and Asia. The presence of Aedes aegypti and Aedes albopictus mosquitoes in California poses a threat that these viruses could spread in California.

1. Vector Control and UAS. California’s mosquito and vector control districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost-effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

According to the author, UAS offers a number of environmental and safety benefits, including reduced disruption of wildlife areas, reduced drift by using low-to-the-ground aerial spraying, better monitoring of pooled water, increased detection of mosquito larvae, improved employee safety, reduced noise and fuel emissions, and reduced equipment and labor costs.

Current state law was designed for licensed commercial airplane pilots. Supporters point out that obtaining a commercial pilot’s license or hiring commercial pilots can be time-consuming and expensive for special districts. This bill removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS.

The bill creates a new type of DPR pilot certificate just for the use of UAS. Since the UAS operator will not be operating an airplane, the bill does not require a person applying for a PCAP certificate for purposes of UAS pesticide application to have a commercial airplane pilot certificate.

1. Current regulation of UAS: Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events. In June 2016, the FAA adopted new rules (Part 107) permitting UAS flight over unpopulated areas but requiring numerous safety conditions to be met, including:

• Line of sight between the operator and the UAS;
• Daylight or twilight (30 minutes before sunrise to 30 minutes after sunset) operation;
• Appropriate anti-collision lighting;
• Minimum visibility of three miles;
• Maximum altitude of 400 feet;
• Maximum speed of 100 mph (87 knots);
• No flight over any person not participating in the operation;
• External loads must be securely attached and weigh (with the UAS) less than 55 pounds;
• The UAS operator must have an FAA remote pilot airman certificate and must obey FAA and local flight rules;
• The UAS operator must register the UAS with the FAA; and
• Any operation that results in serious injury, loss of consciousness, or property damage of $500 or more must be reported to the FAA within 10 days.

Requires UAS operators to have FAA authorization to fly and to comply with FAA rules, including the above highlighted safety precautions. Because the bill requires UAS operators to comply with all FAA rules, any future regulations the FAA adopts would automatically apply to UAS operations under this bill

Comments

1. Purpose of Bill. According to the author’s office, “Today, Californians living in urban, rural and suburban areas all face threats of endemic risk from mosquito and vector-borne diseases. Some areas of California are experiencing nearly year-round potential exposure to a host of vector-transmitted diseases such as West Nile virus. Other diseases such as Zika have also recently emerged due to a number of factors, including climate change and increased ease of travel. Mosquito districts and public health agencies are seeking new precision-based application tools such as small unmanned aircraft to address these emerging threats but are hampered by an existing state law which requires the use of commercial licensed pilots for any aircraft involving pest control.”

The author states further, “[This bill] simply clarifies the proper certification and licensing requirements needed to operate manned aircraft and unmanned aircraft in aerial pest control activity. By updating state law, the bill clarifies that using UAS for pest control activity will require a valid pest control aircraft pilot’s certificate issued by DPR but it will not require a commercial pilot’s license. This will help expedite the use of UAS by allowing mosquito districts to use this emerging technology as an effective tool in fighting live mosquito-borne diseases, provided operators are certified by FAA to do so. There are a number of other benefits to UAS as well, including less disruption in wildlife management areas and sensitive lands, reduced pesticide drift, better monitoring of irrigation, increased detection of mosquito larvae, improved worker safety, reduced noise and fuel emissions, and reduced costs of equipment and labor.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/30/17)

Alameda County Mosquito Abatement District

Alameda County Vector Control Services District

Burney Basin Mosquito Abatement District

Butte County Mosquito and Vector Control District

California Special Districts Association

City of Norwalk Mayor Michael Mendez

Coachella Valley Mosquito and Vector Control District

Colusa Mosquito Abatement District

Contra Costa Mosquito and Vector Control District

County of Santa Cruz

Fresno Westside Mosquito Abatement District

Glenn County Mosquito and Vector Control District

Greater Los Angeles County Vector Control District

Kern Mosquito and Vector Control District

Madera County Mosquito and Vector Control District

Mosquito and Vector Control Association of California

Orange County Mosquito and Vector Control District

Placer Mosquito and Vector Control District

Sacramento-Yolo Mosquito and Vector Control District

San Joaquin County Mosquito and Vector Control District

San Mateo County Mosquito and Vector Control District

Shasta Mosquito and Vector Control District

Sutter-Yuba Mosquito and Vector Control District

Tulare Mosquito Abatement District

West Valley Mosquito and Vector Control District

2 Individuals

OPPOSITION: (Verified 8/30/17)

California Agricultural Aircraft Association

ARGUMENTS IN SUPPORT: According to the Mosquito and Vector Control Association, the bill’s sponsor, “California’s law was written 30 years ago when regulators only envisioned aerial pesticide applications being performed by manned aircraft without considering how emerging technology such as small UAS can protect public health. Updating state law to make distinctions between “manned aircraft” and unmanned aircraft” is also needed to ensure districts can expeditiously use emerging technology such as UAS to fight mosquitoes, provided such uses are authorized by the FAA.”

ARGUMENTS IN OPPOSITION: The California Agricultural Aircraft Association states in opposition to this bill, “Our members operate in low level environments with high levels of situational awareness but for our pilots to avoid collisions, they need to see an obstruction. Pilots of unmanned aircraft have time and time again been unaware of the normal flight patterns and restrictions near manned aircraft. From July 1, 2016 – September 30, 2016, the FAA received 97 reports of unmanned aircraft sighted near manned aircraft in California and across the nation 473 sightings were reported. It is only a matter of time until one of these unmanned aircraft cause a serious aviation accident.”

ASSEMBLY FLOOR: 57-18, 5/15/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gray, Grayson, Irwin, Jones-Sawyer, Kalra, Kiley, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Chen, Choi, Cunningham, Flora, Gallagher, Gonzalez Fletcher, Harper, Lackey, Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth, Voepel

NO VOTE RECORDED: Acosta, Dahle, Fong, Holden, Waldron

Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108

8/30/17 13:11:22

**** END ****

 THIRD READING  

Bill No: AB 527

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/21/17

AYES: Wieckowski, Stone, Hill, Lara, Skinner, Stern

NO VOTE RECORDED: Gaines

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 57-18, 5/15/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes commercial unmanned aircraft system (UAS) operations in California for purposes of vector control pesticide application.

ANALYSIS:

Existing federal law:

1. Vests the Federal Aviation Administration (FAA) with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise.
2. Requires, under the FAA Modernization and Reform Act of 2012, the FAA, to safely integrate UAS operation into the national airspace system and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095)
3. Requires, under FAA rules, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (25 kilos). Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS.
4. Permits commercial UAS flight over unpopulated areas if safety conditions are met, as specified.

Existing state law:

1. Establishes, under the Mosquito Abatement and Vector District Law, vector control agencies and districts with the authority to:
   1. conduct surveillance and research program
   2. take all necessary and proper actions to prevent, abate and control vectorborne diseases,
2. Provides that every pest abatement district employee who handles applies or supervises the use of any pesticide for public health purposes shall be certified by the Department of Public Health (DPH).
3. Provides for the regulation of pesticides and pesticide regulation by the Department of Pesticide Regulation (DPR), and requires that a pest control business obtain a valid pest control business license issued by DPR.
4. Requires any person who operates an aircraft in pest control to have:
   1. A valid pest control aircraft pilot’s (PCAP) certificate, issued by DPR;
   2. An appropriate and valid commercial pilot’s certificate; and,
   3. A current appropriate medical certificate issued by the FAA.
      (Food and Agricultural Code (FAC) §§11901 and 11905)
   4. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
      1. The person is not qualified to conduct pest control operations, as specified;
      2. The person does not hold valid commercial pilot and medical certificates from the FAA; or,
      3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), any Department of Industrial Relations industrial safety order, or has not complied with any order of DPR or CAC, as specified.

This bill authorizes commercial UAS operations in California for purposes of vector control pesticide application, provided the UAS operator complies with FAA rules governing UAS flight and the UAS operator has approval from the DPR and the DPH as specified. Specifically:

1. Requires that a person who operates a UAS for the purposes of pest control have a valid PCAP certificate issued by DPR following an examination and is certified or otherwise authorized by the FAA to operate a UAS to conduct pest control operations.
2. Adds UAS operator to the types of PCAP certificates issued by DPR.
3. Requires a UAS operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
4. Allows DPR to refuse, revoke or suspend a PCAP certificate issued for the use of UAS in pesticide application as specified.

Background

1. Mosquitos and Vector Control. The mosquito is the deadliest creature on the planet. Throughout history, no insect has been a more significant contributor to human discomfort, disease, and death than the mosquito. Mosquito-borne disease is the cause of death in more than 1 million people every year worldwide. In the United States, at least nine types of viruses, including West Nile virus (WNV), dengue and chikungunya, and malaria are transmitted by mosquitoes. Infected mosquitoes spread WNV – which can cause serious, life-altering consequences and death.

In 2014, 798 human cases of WNV were reported from California. Of these, 543 developed the more severe neuroinvasive form of the disease resulting in 29 fatalities. WNV has become entrenched in the environment of California and the United States and will remains a public health threat.

Mosquito borne diseases also have economic impacts. Patient treatment costs can be high, including costs for inpatient and outpatient medical care, loss in productivity, miscellaneous costs such as nursing home, transportation, home health aides, and childcare costs. For example, the medical costs and lost productivity associated with the 163 human WNV cases from Sacramento and Yolo Counties in 2005 were estimated at nearly $3 million.

Control of mosquito populations is important to reduce the likelihood of diseases such as WNV being transmitted to people through mosquito bites. Most mosquito control programs reduce mosquito populations through a multi-faceted approach known as Integrated Pest Management (IPM). A mosquito has four life stages - egg, larva, pupa, and adult. In the life cycle of the mosquito, only the adult stage does not require standing water. An IPM program targets each life stage of the mosquito, but is intended to eliminate as many mosquitoes as possible before they emerge as biting adults.

California’s Mosquito Abatement Districts Act was enacted in 1915. More than 70 mosquito and vector control agencies have been established in California since 1915. Together, these agencies cover approximately 60,000 square miles and protect more than 85% of California residents.

These agencies engage in larval and adult mosquito population monitoring and control, monitor activity of vector mosquitoes and disease agents, and provide information to the communities they serve. The scope and range of activities within each program vary according to their location, climate, and available resources. Some areas in California are not within the jurisdiction of an established mosquito control program.

1. Climate Change and Vectors. Drought and high heat associated with climate change can further lead to public health impacts by facilitating disease spread as the distribution of vectors (e.g. ticks, mosquitoes) carrying pathogens spread into new habitats as regional climates change. For example, previous research has shown that human outbreaks of Saint Louis encephalitis are correlated with periods of several days when the temperature exceeds 30°C (95°F), as has been the case in previous California epidemics (Githeko et al. 2000).

Hot temperatures have also facilitated the spread of WNV by speeding up both the replication of the virus and the development of the mosquito that carries it. Mosquitoes digest blood meals more rapidly at higher temperatures, leading them to feed more often. This leads to an overall increase in mosquito populations that are biting more often. The number of WNV cases in California more than doubled in 2014 compared to the previous year.

Furthermore, higher temperatures along the coast could increase the risk of WNV in these areas, which have typically been at low risk. Somewhat counterintuitively, droughts, which will likely increase with climate change, can also favor mosquito breeding. Streams that would normally be flowing become a series of stagnant pools in which mosquitoes breed.

Tropical diseases, not previously observed in California, have been found in mosquito populations of California, primarily in Southern California. According to DPH’s Internet Web site, two invasive (non-native) mosquito species have recently been found in several California counties, and there is a potential for them to spread into other areas of California. They are named Aedes aegypti (the yellow fever mosquito) and Aedes albopictus (the Asian tiger mosquito). Unlike most native mosquito species, Aedes aegypti and Aedes albopictus bite during the day.  Both species are small black mosquitoes with white stripes on their back and on their legs. They can lay eggs in any small artificial or natural container that holds water. For example, a water bottle cap can serve as habitat for these mosquitos.

Aedes aegypti and Aedes albopictus have the potential to transmit several serious viruses, including dengue, chikungunya, zika, and yellow fever. None of these viruses are currently known to be transmitted within California, but thousands of people are infected with these viruses in other parts of the world, including in Mexico, Central and South America, the Caribbean, and Asia. The presence of Aedes aegypti and Aedes albopictus mosquitoes in California poses a threat that these viruses could spread in California.

1. Vector Control and UAS. California’s mosquito and vector control districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost-effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

According to the author, UAS offers a number of environmental and safety benefits, including reduced disruption of wildlife areas, reduced drift by using low-to-the-ground aerial spraying, better monitoring of pooled water, increased detection of mosquito larvae, improved employee safety, reduced noise and fuel emissions, and reduced equipment and labor costs.

Current state law was designed for licensed commercial airplane pilots. Supporters point out that obtaining a commercial pilot’s license or hiring commercial pilots can be time-consuming and expensive for special districts. This bill removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS.

The bill creates a new type of DPR pilot certificate just for the use of UAS. Since the UAS operator will not be operating an airplane, the bill does not require a person applying for a PCAP certificate for purposes of UAS pesticide application to have a commercial airplane pilot certificate.

1. Current regulation of UAS: Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events. In June 2016, the FAA adopted new rules (Part 107) permitting UAS flight over unpopulated areas but requiring numerous safety conditions to be met, including:

• Line of sight between the operator and the UAS;
• Daylight or twilight (30 minutes before sunrise to 30 minutes after sunset) operation;
• Appropriate anti-collision lighting;
• Minimum visibility of three miles;
• Maximum altitude of 400 feet;
• Maximum speed of 100 mph (87 knots);
• No flight over any person not participating in the operation;
• External loads must be securely attached and weigh (with the UAS) less than 55 pounds;
• The UAS operator must have an FAA remote pilot airman certificate and must obey FAA and local flight rules;
• The UAS operator must register the UAS with the FAA; and
• Any operation that results in serious injury, loss of consciousness, or property damage of $500 or more must be reported to the FAA within 10 days.

Requires UAS operators to have FAA authorization to fly and to comply with FAA rules, including the above highlighted safety precautions. Because the bill requires UAS operators to comply with all FAA rules, any future regulations the FAA adopts would automatically apply to UAS operations under this bill.

Comments

1. Purpose of Bill. According to the author’s office, “Today, Californians living in urban, rural and suburban areas all face threats of endemic risk from mosquito and vector-borne diseases. Some areas of California are experiencing nearly year-round potential exposure to a host of vector-transmitted diseases such as West Nile virus. Other diseases such as Zika have also recently emerged due to a number of factors, including climate change and increased ease of travel. Mosquito districts and public health agencies are seeking new precision-based application tools such as small unmanned aircraft to address these emerging threats but are hampered by an existing state law which requires the use of commercial licensed pilots for any aircraft involving pest control.”

The author states further, “[This bill] simply clarifies the proper certification and licensing requirements needed to operate manned aircraft and unmanned aircraft in aerial pest control activity. By updating state law, the bill clarifies that using UAS for pest control activity will require a valid pest control aircraft pilot’s certificate issued by DPR but it will not require a commercial pilot’s license. This will help expedite the use of UAS by allowing mosquito districts to use this emerging technology as an effective tool in fighting live mosquito-borne diseases, provided operators are certified by FAA to do so. There are a number of other benefits to UAS as well, including less disruption in wildlife management areas and sensitive lands, reduced pesticide drift, better monitoring of irrigation, increased detection of mosquito larvae, improved worker safety, reduced noise and fuel emissions, and reduced costs of equipment and labor.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/30/17)

Alameda County Mosquito Abatement District

Alameda County Vector Control Services District

Burney Basin Mosquito Abatement District

Butte County Mosquito and Vector Control District

California Special Districts Association

City of Norwalk Mayor Michael Mendez

Coachella Valley Mosquito and Vector Control District

Colusa Mosquito Abatement District

Contra Costa Mosquito and Vector Control District

County of Santa Cruz

Fresno Westside Mosquito Abatement District

Glenn County Mosquito and Vector Control District

Greater Los Angeles County Vector Control District

Kern Mosquito and Vector Control District

Madera County Mosquito and Vector Control District

Mosquito and Vector Control Association of California

Orange County Mosquito and Vector Control District

Placer Mosquito and Vector Control District

Sacramento-Yolo Mosquito and Vector Control District

San Joaquin County Mosquito and Vector Control District

San Mateo County Mosquito and Vector Control District

Shasta Mosquito and Vector Control District

Sutter-Yuba Mosquito and Vector Control District

Tulare Mosquito Abatement District

West Valley Mosquito and Vector Control District

2 Individuals

OPPOSITION: (Verified 8/30/17)

California Agricultural Aircraft Association

ARGUMENTS IN SUPPORT: According to the Mosquito and Vector Control Association, the bill’s sponsor, “California’s law was written 30 years ago when regulators only envisioned aerial pesticide applications being performed by manned aircraft without considering how emerging technology such as small UAS can protect public health. Updating state law to make distinctions between “manned aircraft” and unmanned aircraft” is also needed to ensure districts can expeditiously use emerging technology such as UAS to fight mosquitoes, provided such uses are authorized by the FAA.”

ARGUMENTS IN OPPOSITION: The California Agricultural Aircraft Association states in opposition to this bill, “Our members operate in low level environments with high levels of situational awareness but for our pilots to avoid collisions, they need to see an obstruction. Pilots of unmanned aircraft have time and time again been unaware of the normal flight patterns and restrictions near manned aircraft. From July 1, 2016 – September 30, 2016, the FAA received 97 reports of unmanned aircraft sighted near manned aircraft in California and across the nation 473 sightings were reported. It is only a matter of time until one of these unmanned aircraft cause a serious aviation accident.”

ASSEMBLY FLOOR: 57-18, 5/15/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gray, Grayson, Irwin, Jones-Sawyer, Kalra, Kiley, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Bigelow, Brough, Chen, Choi, Cunningham, Flora, Gallagher, Gonzalez Fletcher, Harper, Lackey, Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth, Voepel

NO VOTE RECORDED: Acosta, Dahle, Fong, Holden, Waldron

Prepared by:

8/30/17 17:16:17

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 527

SUBJECT: Pest control aircraft pilot’s certificate: unmanned aircraft.

ANALYSIS:

Existing federal law:

1. Vests, the Federal Aviation Administration (FAA) with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise.
2. Under the FAA Modernization and Reform Act of 2012, requires the FAA, to safely integrate Unmanned Aircraft Systems (UAS) operation into the national airspace system and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095)
3. Requires, under FAA rules, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (25 kilos). Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS.
4. Permits commercial UAS flight over unpopulated areas if safety conditions are met, as specified.
5. Under the Mosquito Abatement and Vector District Law,
   1. Establishes vector control agencies and districts with the authority to:
      1. conduct surveillance and research program
      2. take all necessary and proper actions to prevent, abate and control vectorborne diseases,
   2. Provides that every pest abatement district employee who handles, applies or supervises the use of any pesticide for public health purposes shall be certified by the Department of Public Health (DPH).
6. Provides for the regulation of pesticides and pesticide regulation by the Department of Pesticide Regulation (DPR).
   1. Requires that a pest control business obtain a valid pest control business license issued by DPR.
   2. Requires any person who operates an aircraft in pest control to have:
      1. A valid pest control aircraft pilot’s (PCAP) certificate, issued by DPR;
      2. An appropriate and valid commercial pilot’s certificate; and,
      3. A current appropriate medical certificate issued by the FAA.
         (Food and Agricultural Code (FAC) §§11901 and 11905)
      4. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
         1. The person is not qualified to conduct pest control operations, as specified;
         2. The person does not hold valid commercial pilot and medical certificates from the FAA; or,
         3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), any Department of Industrial Relations (DIR) industrial safety order, or has not complied with any order of DPR or CAC, as specified.

This bill: Authorizes commercial unmanned aircraft system (UAS) operations in California for purposes of pesticide application, provided the UAS operator complies with FAA rules governing UAS flight and the UAS operator has approval from the DPR. Specifically:

1. Requires that a person who operates a UAS for the purposes of pest control have a valid PCAP certificate issued by DPR following an examination and is certified or otherwise authorized by the FAA to operate a UAS to conduct pest control operations.
2. Adds UAS operator to the types of PCAP certificates issued by DPR.
3. Requires a UAS operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
4. Allows DPR to refuse, revoke or suspend a PCAP certificate issued for the use of UAS in pesticide application as specified.

Background

1. Mosquitos and Vector Control. The mosquito is the deadliest creature on the planet. Throughout history, no insect has been a more significant contributor to human discomfort, disease, and death than the mosquito. Mosquito-borne disease is the cause of death in more than 1 million people every year worldwide. In the United States, at least nine types of viruses, including West Nile virus (WNV), dengue and chikungunya, and malaria are transmitted by mosquitoes. Infected mosquitoes spread WNV – which can cause serious, life-altering consequences and death.

In 2014, 798 human cases of WNV were reported from California. Of these, 543 developed the more severe neuroinvasive form of the disease resulting in 29 fatalities. WNV has become entrenched in the environment of California and the United States and will remains a public health threat.

Mosquito borne diseases also have economic impacts. Patient treatment costs can be high, including costs for inpatient and outpatient medical care, loss in productivity, miscellaneous costs such as nursing home, transportation, home health aides, and childcare costs. For example, the medical costs and lost productivity associated with the 163 human WNV cases from Sacramento and Yolo Counties in 2005 were estimated at nearly $3 million.

Control of mosquito populations is important to reduce the likelihood of diseases such as WNV being transmitted to people through mosquito bites.

Most mosquito control programs reduce mosquito populations through a multi-faceted approach known as Integrated Pest Management (IPM). A mosquito has four life stages - egg, larva, pupa, and adult. In the life cycle of the mosquito, only the adult stage does not require standing water. An IPM program targets each life stage of the mosquito, but is intended to eliminate as many mosquitoes as possible before they emerge as biting adults.

California’s Mosquito Abatement Districts Act was enacted in 1915. More than 70 mosquito and vector control agencies have been established in California since 1915. Together, these agencies cover approximately 60,000 square miles and protect more than 85% of California residents.

These agencies engage in larval and adult mosquito population monitoring and control, monitor activity of vector mosquitoes and disease agents, and provide information to the communities they serve. The scope and range of activities within each program vary according to their location, climate, and available resources. Some areas in California are not within the jurisdiction of an established mosquito control program.

1. Climate Change and Vectors. Drought and high heat associated with climate change can further lead to public health impacts by facilitating disease spread as the distribution of vectors (e.g. ticks, mosquitoes) carrying pathogens spread into new habitats as regional climates change. For example, previous research has shown that human outbreaks of Saint Louis encephalitis are correlated with periods of several days when the temperature exceeds 30°C (95°F), as has been the case in previous California epidemics (Githeko et al. 2000).

Hot temperatures have also facilitated the spread of West Nile Virus (WNV) by speeding up both the replication of the virus and the development of the mosquito that carries it. Mosquitoes digest blood meals more rapidly at higher temperatures, leading them to feed more often. This leads to an overall increase in mosquito populations that are biting more often. The number of WNV cases in California more than doubled in 2014 compared to the previous year.

Furthermore, higher temperatures along the coast could increase the risk of West Nile Virus in these areas, which have typically been at low risk. Somewhat counterintuitively, droughts, which will likely increase with climate change, can also favor mosquito breeding. Streams that would normally be flowing become a series of stagnant pools in which mosquitoes breed.

Tropical diseases, not previously observed in California, have been found in mosquito populations of California, primarily in Southern California. According to DPH’s Internet Web site, two invasive (non-native) mosquito species have recently been found in several California counties, and there is a potential for them to spread into other areas of California. They are named Aedes aegypti (the yellow fever mosquito) and Aedes albopictus (the Asian tiger mosquito). Unlike most native mosquito species, Aedes aegypti and Aedes albopictus bite during the day.  Both species are small black mosquitoes with white stripes on their back and on their legs. They can lay eggs in any small artificial or natural container that holds water. For example, a water bottle cap can serve as habitat for these mosquitos.

Aedes aegypti and Aedes albopictus have the potential to transmit several serious viruses, including dengue, chikungunya, zika, and yellow fever. None of these viruses are currently known to be transmitted within California, but thousands of people are infected with these viruses in other parts of the world, including in Mexico, Central and South America, the Caribbean, and Asia.

The presence of Aedes aegypti and Aedes albopictus mosquitoes in California poses a threat that these viruses could spread in California.

1. Vector Control and UAS. California’s mosquito and vector control districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost-effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

According to the author, UAS offers a number of environmental and safety benefits, including reduced disruption of wildlife areas, reduced drift by using low-to-the-ground aerial spraying, better monitoring of pooled water, increased detection of mosquito larvae, improved employee safety, reduced noise and fuel emissions, and reduced equipment and labor costs.

Current state law was designed for licensed commercial airplane pilots. Supporters point out that obtaining a commercial pilot’s license or hiring commercial pilots can be time-consuming and expensive for special districts. This bill removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS.

The bill creates a new type of DPR pilot certificate just for the use of UAS. Since the UAS operator will not be operating an airplane, the bill does not require a person applying for a PCAP certificate for purposes of UAS pesticide application to have a commercial airplane pilot certificate.

Current regulation of UAS: Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events.

In June 2016, the FAA adopted new rules (Part 107) permitting UAS flight over unpopulated areas but requiring numerous safety conditions to be met, including:

• Line of sight between the operator and the UAS;
• Daylight or twilight (30 minutes before sunrise to 30 minutes after sunset) operation;
• Appropriate anti-collision lighting;
• Minimum visibility of three miles;
• Maximum altitude of 400 feet;
• Maximum speed of 100 mph (87 knots);
• No flight over any person not participating in the operation;
• External loads must be securely attached and weigh (with the UAS) less than 55 pounds;
• The UAS operator must have an FAA remote pilot airman certificate and must obey FAA and local flight rules;
• The UAS operator must register the UAS with the FAA; and
• Any operation that results in serious injury, loss of consciousness, or property damage of $500 or more must be reported to the FAA within 10 days.

Requires UAS operators to have FAA authorization to fly and to comply with FAA rules, including the above highlighted safety precautions. Because the bill requires UAS operators to comply with all FAA rules, any future regulations the FAA adopts would automatically apply to UAS operations under this bill

Comments

1. Purpose of Bill. According to the author’s office, “Today, Californians living in urban, rural and suburban areas all face threats of endemic risk from mosquito and vector-borne diseases. Some areas of California are experiencing nearly year-round potential exposure to a host of vector-transmitted diseases such as West Nile virus. Other diseases such as Zika have also recently emerged due to a number of factors, including climate change and increased ease of travel. Mosquito districts and public health agencies are seeking new precision-based application tools such as small unmanned aircraft to address these emerging threats but are hampered by an existing state law which requires the use of commercial licensed pilots for any aircraft involving pest control.”

The author states further, “[This bill] simply clarifies the proper certification and licensing requirements needed to operate manned aircraft and unmanned aircraft in aerial pest control activity. By updating state law, the bill clarifies that using UAS for pest control activity will require a valid pest control aircraft pilot’s certificate issued by DPR but it will not require a commercial pilot’s license. This will help expedite the use of UAS by allowing mosquito districts to use this emerging technology as an effective tool in fighting live mosquito-borne diseases, provided operators are certified by FAA to do so. There are a number of other benefits to UAS as well, including less disruption in wildlife management areas and sensitive lands, reduced pesticide drift, better monitoring of irrigation, increased detection of mosquito larvae, improved worker safety, reduced noise and fuel emissions, and reduced costs of equipment and labor.”

1. Suggested Amendment. This bill is clearly aimed at assisting vector control agencies to better respond to public health emergencies and urgent or remote vector control situations in order to prevent public health emergencies.

Vector control and vector control pesticide application are very different from agricultural pesticide application. Additionally, there are only a few types of chemicals used for this type of application. Situational issues relating to type of environment, size of area, type of pesticide, number and types of applicators and applications are all very different for vector control than they are for agricultural applications. For instance, a vector control agency is likely to use this type of technology to identify and address remote, small water pooling areas to prevent the breeding of mosquito larvae.

This is a very different type of pest control than is used or appropriate in an agricultural setting, where there is often vast areas being treated by pesticides that contain chemicals toxic to humans and many of today’s agricultural lands are very close to populated areas. This technology used in agricultural application could increase the likelihood of unintended human exposure.

Additionally, there are a limited number of vector control districts in California and current law has specific regulation as to how and under what circumstances vector control districts apply pesticides, and their employees that apply pesticides are required to be licensed by DPR. This level of statutory oversight is not present for agriculture and there are far more people (some of whom are not required to be licensed) using pesticides in the agricultural setting.

As such, an amendment should be taken to limit this bill to an authorization for vector control agencies.

DOUBLE REFERRAL:

If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Agriculture Committee.

SOURCE:

Mosquito and Vector Control Association

SUPPORT:

Alameda County Mosquito Abatement District

Alameda County Vector Control Services District

Burney Basin Mosquito Abatement District

Butte County Mosquito and Vector Control District

California Special Districts Association

City of Norwalk Mayor Michael Mendez

Coachella Valley Mosquito and Vector Control District

Colusa Mosquito Abatement District

Contra Costa Mosquito and Vector Control District

County of Santa Cruz

Fresno Westside Mosquito Abatement District

Glenn County Mosquito and Vector Control District

Greater Los Angeles County Vector Control District

Kern Mosquito and Vector Control District

Madera County Mosquito and Vector Control District

Mosquito and Vector Control Association of California

Orange County Mosquito and Vector Control District

Placer Mosquito and Vector Control District

Sacramento-Yolo Mosquito and Vector Control District

San Joaquin County Mosquito and Vector Control District

San Mateo County Mosquito and Vector Control District

Shasta Mosquito and Vector Control District

Sutter-Yuba Mosquito and Vector Control District

Tulare Mosquito Abatement District

Western Growers Association

West Valley Mosquito and Vector Control District

2 Individuals

OPPOSITION:

California Agricultural Aircraft Association

ARGUMENTS IN SUPPORT:

1. According to the Mosquito and Vector Control Association, the bill’s sponsor, “California’s law was written 30 years ago when regulators only envisioned aerial pesticide applications being performed by manned aircraft without considering how emerging technology such as small UAS can protect public health. Updating state law to make distinctions between “manned aircraft” and unmanned aircraft” is also needed to ensure districts can expeditiously use emerging technology such as UAS to fight mosquitoes, provided such uses are authorized by the FAA.”

ARGUMENTS IN OPPOSITION:

1. The California Agricultural Aircraft Association states in opposition to this bill, “Our members operate in low level environments with high levels of situational awareness but for our pilots to avoid collisions, they need to see an obstruction. Pilots of unmanned aircraft have time and time again been unaware of the normal flight patterns and restrictions near manned aircraft. From July 1, 2016 – September 30, 2016, the FAA received 97 reports of unmanned aircraft sighted near manned aircraft in California and across the nation 473 sightings were reported. It is only a matter of time until one of these unmanned aircraft cause a serious aviation accident.”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 527

Author:(Caballero)

As Amended Ver:April 25, 2017

Majority vote

SUMMARY: This bill allows commercial unmanned aircraft systems (drones) operations for the purposes of pesticide application, provided that the drone operator complies with Federal Aviation Administration (FAA) rules governing drone flight and the drone operator has approval from the California Department of Pesticide Regulation (DPR). This bill creates a new pest control aircraft pilot certificate for drone operators, to be provided upon operators passing the exam, as specified.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has minor and absorbable costs to DPR and may have cost savings to mosquito and vector control districts (districts).

COMMENTS: California's districts have a vested duty to protect the public from existing and emerging threats caused by mosquitoes. Districts work closely with public health agencies and mosquito control product manufacturers in looking for best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes seeking more environmentally safe and cost effective application tools that serve as alternatives to traditional methods of fighting mosquitoes. One such example is emerging technology through the use of small drones, which are operated by a pilot in command on the ground using a remote transmitter instead of using manned aircraft.

According to the author, drones offers a more cost effective and safer method by providing a number of significant environmental and safety benefits over manned aircraft, including less disruption in wildlife management areas; reduced drift by using directed aerial spray applications, better monitoring of irrigation, increased detection of mosquito larvae, improved employee safety; reduced noise and fuel emissions; and, reduced costs of equipment and labor.

Current state law, which when written, did not foresee drones, imposes a requirement that any aerial pest control activity including those involving drones, must be performed by commercially rated licensed pilots. Supporters point out that obtaining a commercial pilot's license or hiring commercial pilots can be a time consuming and expensive process for districts. A change in state law will help expedite the use of drones so districts can use them as effective tools to fight mosquito-borne diseases.

Current FAA regulations allow for drone operators to perform routine commercial use of small drones (under 55 pounds on takeoff) while providing certain requirements such as permissible hours of flight, line-of-sight observations, altitude requirements, operator certification, aircraft registration and marking, and operational limits. This includes a requirement that drone operators pass an aeronautical test and abide by best practices to ensure public safety and privacy issues are addressed. Drone operators who want to fly outside the current requirements must request a waiver, but these are done on a case-by-case basis.

This bill addresses this concern by removing the requirement that operators of small drone use for pest control do not need a commercial pilot's license. Drone operators will still need to have authorization from DPR to conduct aerial pesticide applications, but without having to hold a commercial pilot's license unless required by FAA. Under this bill, DPR would also be allowed to refuse issuing a valid pest control aircraft pilot's certificate for operation of a drone, if the operator was not authorized by FAA for pest control operations.

Opponents state AB 527 "is premature and creates additional unnecessary hazards for manned aircraft. FAA has only approved one commercial unmanned aerial application system and that was with an FAA commercial pilot licensed with DPR under current pilot certification." Furthermore, opponents site safety concerns about drones operated by non-aircraft pilots.

Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0000237

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 527

Author:(Caballero) – As Amended Ver:April 25, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill authorizes commercial unmanned aircraft systems (UAS) operations for the purposes of pesticide application, provided that the UAS operator complies with Federal Aviation Administration (FAA) rules governing UAS flight and the UAS operator has approval from the California Department of Pesticide Regulation (DPR). This bill creates a new pest control aircraft pilot certificate for UAS operators, to be provided upon operators passing the exam, as specified.

FISCAL EFFECT:

1. Minor and absorbable for DPR to implement and enforce the provisions of this bill. UAS operators would take the same exam as pilots do in order to receive a certificate, and DPR regularly updates study guides and materials for all applicants.
2. Possible cost savings to mosquito and vector control districts to the extent this bill reduces equipment and labor costs.

COMMENTS:

1. Background and Purpose. California’s mosquito and vector control districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

AB 527 aims to update current law to encourage the use of UAS for aerial pest control activity. Current state law was designed for licensed commercial airplane pilots, and supporters of AB 527 point out that obtaining a commercial pilot's license or hiring commercial pilots can be time consuming and expensive for special districts. AB 527 removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS, and the bill creates a new type of DPR pilot certificate just for the use of UAS.

1. Support and Opposition. This bill is supported by mosquito and vector control districts across California, and is opposed by the California Agricultural Aircraft Association (Association). The Association has concerns about safety and the prospect of collisions between unmanned aircraft and manned aircraft.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 18, 2017

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Ed Chau, Chair

ABPCA Bill Id:AB 527 (

Author:Caballero) – As Introduced Ver:February 13, 2017

SUBJECT: Pest control aircraft pilot’s certificate: unmanned aircraft

SUMMARY: Authorizes commercial unmanned aircraft system (UAS) operations in California for purposes of pesticide application, provided the UAS operator complies with FAA rules governing UAS flight and the UAS operator has approval from the California Department of Pesticide Regulation (DPR). Specifically, this bill:

1. Requires that a person who operates a UAS for the purposes of pest control have a valid pest control aircraft pilot’s (PCAP) certificate issued by DPR following an examination and is certified or otherwise authorized by the Federal Aviation Administration (FAA) to operate a UAS to conduct pest control operations.
2. Adds UAS operator to the types of PCAP certificates issues by DPR.
3. Requires a UAS operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
4. Allows DPR to refuse, revoke or suspend a PCAP certificate issued for the use of UAS in pesticide application if any of the following findings are made:
   1. The person is not qualified to conduct pest control operations, as specified;
   2. The person does not hold a certificate or other authorization issued by the FAA for the operation of a UAS; or,
   3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), any industrial safety order of the Department of Industrial Relations (DIR), or has not complied with any order of DPR or a CAC, as specified.
5. Makes technical and clarifying changes.

EXISTING LAW:

1. Requires any person who operates an aircraft in pest control to have:
   1. A valid PCAP certificate, issued by DPR;
   2. An appropriate and valid commercial pilot’s certificate; and,
   3. A current appropriate medical certificate issued by the FAA.
      (Food and Agricultural Code (FAC) Sections 11901 and 11905)
2. Requires each PCAP certificate to designate the pilot’s status as a journeyman or apprentice, and requires an applicant for a PCAP certificate to pass an examination as a condition of licensure. (FAC 11902)
3. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
   1. The person is not qualified to conduct pest control operations, as specified;
   2. The person does not hold valid commercial pilot and medical certificates from the FAA; or,
   3. The person has violated any state law or regulation pertaining to pesticides, any regulation of a CAC, any DIR industrial safety order, or has not complied with any order of DPR or CAC, as specified. (FAC 11910)
4. Vests, pursuant to federal law, the FAA with the authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise. (49 U.S.C. Section 40103, 44502, and 44701-44735)
5. Requires the FAA, under the FAA Modernization and Reform Act of 2012, to safely integrate UAS operation into the national airspace system and to develop and implement certification requirements for the operation of UAS in the national airspace system. (Public Law Number 112-095)
6. Requires, under FAA rules, federal registration of a UAS before first flight outdoors for any UAS weighing more than 0.55 pounds (250 grams) and less than 55 pounds (25 kilos). Upon registration, UAS owners receive a Certificate of Aircraft Registration/Proof of Ownership along with a unique identification number, which must be marked or affixed to the UAS. (14 CFR Parts 1, 45, 47, 48, 91, and 375)
7. Permits commercial UAS flight over unpopulated areas if safety conditions are met, as specified. (14 CFR Part 107)

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of this bill: This bill is intended to allow mosquito and vector control districts (and farmers if they choose) to use UAS to apply pesticides in order to make spraying more cost-effective, environmentally friendly, and time efficient as compared to traditional airplane applications of pesticides. This measure is sponsored by the Mosquito and Vector Control Association of California.
2. Author’s statement: According to the author's office, “Today, Californians living in urban, rural and suburban areas all face threats of endemic risk from mosquito and vector-borne diseases. Some areas of California are experiencing nearly year-round potential exposure to a host of vector-transmitted diseases such as West Nile virus. Other diseases such as Zika have also recently emerged due to a number of factors, including climate change and increased ease of travel. Mosquito districts and public health agencies are seeking new precision-based application tools such as small unmanned aircraft to address these emerging threats but are hampered by an existing state law which requires the use of commercial licensed pilots for any aircraft involving pest control.”

The author states further, “[This bill] simply clarifies the proper certification and licensing requirements needed to operate manned aircraft and unmanned aircraft in aerial pest control activity. By updating state law, the bill clarifies that using UAS for pest control activity will require a valid pest control aircraft pilot’s certificate issued by DPR but it will not require a commercial pilot’s license. This will help expedite the use of UAS by allowing mosquito districts to use this emerging technology as an effective tool in fighting live mosquito-borne diseases, provided operators are certified by FAA to do so. There are a number of other benefits to UAS as well, including less disruption in wildlife management areas and sensitive lands, reduced pesticide drift, better monitoring of irrigation, increased detection of mosquito larvae, improved worker safety, reduced noise and fuel emissions, and reduced costs of equipment and labor.”

1. Mosquito and vector control: California’s mosquito and vector control districts have a duty to protect the public from existing and emerging threats caused by mosquitoes. Districts work closely with public health agencies and mosquito control product manufacturers in looking for the best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes developing environmentally safe and cost-effective tools, such as the use of small UAS operated by a person on the ground using a remote transmitter, instead of using manned aircraft, i.e., airplanes.

According to the author, UAS offers provides a number of environmental and safety benefits, including reduced disruption of wildlife areas, reduced drift by using low-to-the-ground aerial spraying, better monitoring of pooled water, increased detection of mosquito larvae, improved employee safety, reduced noise and fuel emissions, and reduced equipment and labor costs.

Current state law was designed for licensed commercial airplane pilots. Supporters point out that obtaining a commercial pilot's license or hiring commercial pilots can be time-consuming and expensive for special districts. This bill removes the requirement to have a commercial airplane pilot’s license if the pesticide application is going to be done with a UAS.

The bill creates a new type of DPR pilot certificate just for the use of UAS. Since the UAS operator will not be operating an airplane, the bill does not require a person applying for a PCAP certificate for purposes of UAS pesticide application to have a commercial airplane pilot certificate.

1. Current regulation of UAS: Under current federal law, the FAA has broad authority to regulate the national airspace. State and local jurisdictions may seek a Temporary Flight Restriction from the FAA to protect public safety for certain events.

In June 2016, the FAA adopted new rules (Part 107) permitting UAS flight over unpopulated areas but requiring numerous safety conditions to be met, including:

• Line of sight between the operator and the UAS;
• Daylight or twilight (30 minutes before sunrise to 30 minutes after sunset) operation;
• Appropriate anti-collision lighting;
• Minimum visibility of three miles;
• Maximum altitude of 400 feet;
• Maximum speed of 100 mph (87 knots);
• No flight over any person not participating in the operation;
• External loads must be securely attached and weigh (with the UAS) less than 55 pounds;
• The UAS operator must have an FAA remote pilot airman certificate and must obey FAA and local flight rules;
• The UAS operator must register the UAS with the FAA; and
• Any operation that results in serious injury, loss of consciousness, or property damage of $500 or more must be reported to the FAA within 10 days.

This bill requires UAS operators to have FAA authorization to fly and to comply with FAA rules, including the above highlighted safety precautions. Because the bill requires UAS operators to comply with all FAA rules, any future regulations the FAA adopts would automatically apply to UAS operations under this bill.

1. Safety concerns: The association of commercial pilots who fly airplanes to apply pesticides in California opposes the bill on the grounds that it may be difficult to see and avoid UAS flying nearby. In taking off and landing, airplanes may need to fly over areas where UAS may be used to spray pesticides, so there may be a need for local coordination. This could be accomplished through the creation of locally published pesticide spray schedules or private agreements between landowners or farmers who plan to use UAS to spray pesticides.
2. Amendment to address privacy concerns: While current FAA rules do not deal with privacy issues and do not regulate how UAS gather data on people and property, the FAA has published recommended privacy guidelines for UAS operations.

The author and the Committee may wish to consider whether this bill should be amended to require UAS operators under this bill to follow all FAA privacy guidelines for UAS operations. This can be accomplished by adding that a violation of FAA regulations or privacy guidelines may be considered grounds on which DPR may refuse, revoke or suspend authorization to fly a UAS under this bill, as follows:

On Page 3, between lines 38 and 39, insert:

(5) The person has violated any regulation or privacy guideline adopted by the Federal Aviation Administration pertaining to the commercial operation of an unmanned aircraft system.

1. Arguments in support: According to the Mosquito and Vector Control Association, the bill’s sponsor, “California’s law was written 30 years ago when regulators only envisioned aerial pesticide applications being performed by manned aircraft without considering how emerging technology such as small UAS can protect public health. Updating state law to make distinctions between “manned aircraft” and unmanned aircraft” is also needed to ensure districts can expeditiously use emerging technology such as UAS to fight mosquitoes, provided such uses are authorized by the FAA.”
2. Arguments in opposition: The California Agricultural Aircraft Association states in opposition to this bill, “Our members operate in low level environments with high levels of situational awareness but for our pilots to avoid collisions, they need to see an obstruction. Pilots of unmanned aircraft have time and time again been unaware of the normal flight patterns and restrictions near manned aircraft. From July 1, 2016 – September 30, 2016, the FAA received 97 reports of unmanned aircraft sighted near manned aircraft in California and across the nation 473 sightings were reported. It is only a matter of time until one of these unmanned aircraft cause a serious aviation accident.”

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Mosquito Abatement District

Butte County Mosquito and Vector Control District

California Special Districts Association

Coachella Valley Mosquito and Vector Control District

Colusa Mosquito Abatement District

Contra Costa Mosquito and Vector Control District

Glenn County Mosquito and Vector Control District

Kern Mosquito and Vector Control District

Mosquito and Vector Control Association

Placer Mosquito and Vector Control District

Sacramento-Yolo Mosquito and Vector Control District

Opposition

California Agricultural Aircraft Association

Analysis Prepared by: Jennie Bretschneider / P. & C.P. /

Date of Hearing: March 22, 2017

ASSEMBLY COMMITTEE ON AGRICULTURE

Anna M. Caballero, Chair

ABPCA Bill Id:AB 527

Author:(Caballero) – As Introduced Ver:February 13, 2017

SUBJECT: Pest control aircraft pilot’s certificate: unmanned aircraft.

SUMMARY: This bill allows an unmanned aircraft (drone) operator's certification for the purpose of pest control, without the operator needing to have a commercial pilot's certificate. Specifically, this bill:

1. Clarifies that manned aircraft used for pest control must be piloted by a person with a valid commercial pilot's certificate, as specified.
2. Requires that a person who operates a drone for the purposes of pest control have a valid pest control aircraft pilot’s (PCAP) certificate issued by the California Department of Pesticide Regulation (DPR) and is certified or otherwise authorized by the Federal Aviation Administration (FAA) to operate a drone system approved by FAA to conduct pest control operations.
3. Adds drone operator to the types of PCAP certificates issues by DPR.
4. Requires a drone operator applying for a PCAP certificate to pass an exam showing ability to conduct pest control operations and knowledge of the materials used, as specified.
5. Allows DPR to refuse, revoke or suspend a PCAP certificate if any of the following findings are made:
   1. The person is not qualified to conduct pest control operations, as specified;
   2. For manned aircraft, a person does not hold a valid Commercial pilots certificate and appropriate medical certificate from the FAA;
   3. For drone operators, the person does not hold a certificate or other authorization issued by the FAA for the operation of a drone system authorized by FAA for pest control operations; or,
   4. The person has violated any provision of, or any regulation pertaining to pesticides, any regulation of a county agricultural commissioner (CAC), or any industrial safety order of the Department of Industrial Relations, or has not complied with any order of DPR or CAC, as specified.
6. Makes technical and clarifying changes.

EXISTING LAW:

1. Requires any person who operates an aircraft in pest control to have a valid PCAP certificate issued by DPR and an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the FAA.
2. Requires each PCAP certificate to designate the pilot’s status as a journeyman or apprentice, and requires an applicant for a PCAP certificate to pass an examination as a condition of licensure.
3. Requires any person who acts as a PACP in any county to first register with the appropriate CAC.

FISCAL EFFECT: Unknown

COMMENTS: California’s mosquito and vector control districts (districts) have a vested duty to protect the public from existing and emerging threats caused by mosquitoes. Districts work closely with public health agencies and mosquito control product manufacturers in looking for best management tools to improve mosquito surveillance while controlling and eradicating mosquito populations. This includes seeking more environmentally safe and cost effective application tools that serve as alternatives to traditional methods of fighting mosquitoes. One such example is emerging technology through the use of small drones, which are operated by a pilot in command on the ground using a remote transmitter instead of using manned aircraft.

According to the author, drones offers a more cost effective and safer method by providing a number of significant environmental and safety benefits over manned aircraft, including less disruption in wildlife management areas; reduced drift by using directed aerial spray applications, better monitoring of irrigation, increased detection of mosquito larvae, improved employee safety; reduced noise and fuel emissions; and, reduced costs of equipment and labor.

Current state law, which when written did not foresee drones, imposes a requirement that any aerial pest control activity including those involving drones, must be performed by commercially rated licensed pilots. Supporters point out that obtaining a commercial pilot's license or hiring commercial pilots can be a time consuming and expensive process for districts. A change in state law will help expedite the use of drones so districts can use them as effective tools to fight mosquito-borne diseases.

Current FAA regulations allow for drone operators to perform routine commercial use of small drones (under 55 pounds on takeoff) while providing certain requirements such as permissible hours of flight, line-of-sight observations, altitude requirements, operator certification, aircraft registration and marking, and operational limits. This includes a requirement that drone operators pass an aeronautical test and abide by best practices to ensure public safety and privacy issues are addressed. Drone operators who want to fly outside the current requirements must request a waiver, but these are done on a case-by-case basis.

AB 527 addresses this concern by removing the requirement that operators of small drone use for pest control do not need a commercial pilot's license. Drone operators will still need to have authorization from DPR to conduct aerial pesticide applications, but without having to hold a commercial pilot’s license unless required by the FAA. Under AB 527, DPR would also be allowed to refuse issuing a valid pest control aircraft pilot’s certificate for operation of a drone, if the operator was not authorized by FAA for pest control operations.

Opponents state AB 527 "is premature and creates additional unnecessary hazards for manned aircraft. FAA has only approved one commercial unmanned aerial application system and that was with an FAA commercial pilot licensed with DPR under current pilot certification." Furthermore, Opponents site safety concerns about drones operated by non-aircraft pilots.

REGISTERED SUPPORT / OPPOSITION:

Support

Butte County Mosquito and Vector Control District

City of Norwalk

Greater Los Angeles County Vector Control District

Lake County Mosquito and Vector Control District

Mosquito and Vector Control Association of California

Orange County Mosquito and Vector Control District

Santa Cruz County Mosquito Abatement / Vector Control

San Mateo County Mosquito and Vector Control District

Opposition

California Agriculture Aircraft Association

Analysis Prepared by: Victor Francovich / AGRI. /