SB 142, introduced by Sen. Jackson would effectively create a no-fly zone for unmanned aircraft and unmanned aircraft systems of 350 feet over private property in California.  The protected zone would extend from the ground up and into the airspace above the property, to an elevation of 350 feet above the property.  Sen. Jackson states that it is her intent to "clarify that the operation of an unmanned aerial vehicle below 350 feet overlying the property of another without permission could constitute a trespass." SB 142 has been passed in the Senate and on July 7 the bill unanimously passed the Privacy Committee in the General Assembly.

 

At the Privacy Committee hearing, Bruce Parks, Treasurer, AUVSI Silicon Valley Chapter and Mario Mairena of AUVSI testified and expressed a position of neutrality given the information we had received after visiting committee members. However, collective concern was conveyed and despite appreciating Sen. Jackson’s efforts to minimize UAS privacy intrusions, her bill, as written, will have an adverse impact on an industry that wants to be regulated and takes safety, risk and liability seriously.



As written SB 142 would do the following:

·  all but ban the operation of any UAV at low altitudes. The bill requires consent from a landowner to operate a UAV over real property below 350 feet. Requiring consent from individual landowners for emerging applications of small UAVs that traverse low-altitude airspace, would be nearly impossible from an operational perspective;

·  create inconsistencies with Federal Law. This type of property right over the airspace was resoundingly rejected by the Supreme Court in United States v. Causby, which held that property rights do not extend infinitely into the sky;

·  adversely impact the UAS community instead of focusing on bad actors, operating out of compliance with FAA authorization. The bill should clarify that the “legal authority” standard could be met by operating in a manner consistent with FAA authorizations or regulations, or by explicitly exempting operations that are conducted in a manner consistent with FAA authorizations or regulations.

 

To this end, AUVSI continues to work with Sen. Jackson to include language in the bill that would allow for the inclusion of language exempting FAA approved commercial operators. SB 142 will be heard before the Judiciary Committee on July 14. If the proposed language is not accepted, AUVSI will begin a grassroots campaign to oppose this measure.