BILL ANALYSIS Ó AB 1662 Page 1 ASSEMBLY THIRD READING AB 1662 (Chau) As Amended March 3, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Privacy |11-0 |Chau, Wilk, Baker, | | | | |Calderon, Chang, | | | | |Cooper, Dababneh, | | | | |Gatto, Gordon, Low, | | | | |Olsen | | | | | | | |----------------+-----+----------------------+--------------------| |Transportation |15-0 |Frazier, Linder, | | | | |Baker, Bloom, Brown, | | | | |Chu, Daly, Dodd, | | | | |Gomez, Kim, Mathis, | | | | |Medina, Melendez, | | | | |Nazarian, O'Donnell | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | AB 1662 Page 2 | | |Garcia, McCarty, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Protects people from "hit and run" unmanned aircraft system (UAS) accidents by requiring UAS operators to remain at the scene of an accident and provide their name and address along with valid identification to the victim and the police. Specifically, this bill: 1)Requires a UAS operator to stay at the scene of any accident involving the UAS that results in personal injury or damage to property; 2)Requires the UAS operator to immediately land the UAS at the nearest location that will not jeopardize the safety of others and specifies that moving the UAS does not affect the question of who is at fault in the accident; 3)In addition, requires the UAS operator to do one of the following: a) Show valid identification (e.g., driver's license or passport), if available, as well as name and current address to the injured person; b) Locate and provide the owner of property damaged in the accident the name and address of the UAS operator, and show AB 1662 Page 3 valid identification if the property owner asks the UAS operator to show identification; or c) Leave a written note on the damaged property that includes the UAS operator's name, address, and a statement of the circumstances of the accident as well as notify the police or sheriff's office. 4)Makes violation of the bill subject to a misdemeanor penalty, including up to six months in jail or a $1,000 fine, or both; 5)Exempts from the bill a UAS operated under specific authorization from the Federal Aviation Administration (FAA), in accordance with the terms and conditions of that authorization; 6)Exempts law enforcement from the bill, including police and fire agencies; and 7)Defines "unmanned aircraft" and "unmanned aircraft system" consistent with federal law. FISCAL EFFECT: According to the Assembly Appropriations Committee: Potential minor nonreimbursable costs to cities and counties for enforcement, offset to some extent by fine revenues. COMMENTS: AB 1662 Page 4 1)Purpose of this bill. This bill seeks to protect people who are injured or whose property is damaged in a UAS (or "drone") accident by requiring UAS operators to remain at the scene of the accident and provide their name and address along with valid identification to the victim and to the police. Similar to California's vehicular "hit and run" law, if the accident involves property damage and the owner cannot be found, the bill requires UAS operators to leave their contact information on the damaged property. This bill is author-sponsored. 2)FAA regulation of commercial UAS in development. On February 15, 2015, the FAA proposed a new framework of regulations to allow the use of small UAS in the airspace from the ground up to 500 feet. If enacted, the proposed rules would limit flights to non-recreational, daylight uses and would require a commercial UAS pilot to maintain a visual line of sight with the UAS. Congress is currently considering FAA reauthorization legislation that contains a number of UAS provisions, including a proposed requirement that UAS operators pass an online test, a requirement that UAS contain certain safety features, and a new program to fund interception of UAS that fly to close to airports. 3)The federal preemption issue. Once the FAA has finished promulgating regulations governing the commercial use of UAS, a future court may find that those regulations preempt certain state laws - such as this one, if passed - but much remains uncertain. According to a December 17, 2015, FAA white paper "[l]aws traditionally related to state and local police power - including land use, zoning, privacy, trespass, and law enforcement operations - generally are not subject to federal regulation." This bill would appear to fall within the state's police power, because it establishes safety and accident reporting standards to help law enforcement resolve personal injury and property damage accidents that occur when a UAS crashes with people or property on the ground. As such, the risk of federal preemption of this bill in the future is likely minimal. AB 1662 Page 5 Analysis Prepared by: Jennie Bretschneider / P. & C.P. / (916) 319-2200 FN: 0002963