New York A 2065: Relates to unlawful operation of model or unmanned aircraft over a critical infrastructure facility

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A02065 Summary:

BILL NOA02065 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSmith

&nbsp

COSPNSRBrabenec

&nbsp

MLTSPNSR

&nbsp

Add §240.80, Pen L

&nbsp

Provides that it is a class E felony to operate a model or unmanned aircraft over a critical infrastructure facility including an electrical power generating facility, petroleum or natural gas refinery or stage facility, or an aboveground oil, gas or chemical pipeline.

Go to top A02065 Actions:

BILL NOA02065 

&nbsp

01/15/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA02065 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA02065 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02065 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2065

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. SMITH, BRABENEC -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to unlawful operation of
 model or unmanned aircraft over a critical infrastructure facility

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 240.80 to
 2 read as follows:
 3 § 240.80 Unlawful operation of model or unmanned aircraft over a crit-
 4 ical infrastructure facility.
 5 1. It is unlawful for a person to (a) knowingly operate or use a model
 6 or unmanned aircraft over a critical infrastructure facility at an alti-
 7 tude not higher than four hundred feet above ground level; or (b) allow
 8 a model or unmanned aircraft system to make contact with a critical
 9 infrastructure facility, including any person or object on the premises
 10 of or within the facility.
 11 2. This section does not apply to:
 12 (a) the federal government;
 13 (b) a public body;
 14 (c) a law enforcement agency;
 15 (d) a person under contract with or otherwise acting under the direc-
 16 tion or on behalf of the federal government, a public body or a law
 17 enforcement agency;
 18 (e) an owner or operator of the critical infrastructure facility or a
 19 person who has the prior written consent of the owner or operator of the
 20 critical infrastructure facility;
 21 (f) the owner or occupant of the property on which the critical
 22 infrastructure facility is located or a person who has the prior written
 23 consent of the owner or occupant of the property on which the critical
 24 infrastructure facility is located; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02993-01-5

 A. 2065 2

 1 (g) a person operating an unmanned aircraft system for commercial
 2 purposes in compliance with authorization granted by the Federal
 3 Aviation Administration.
 4 3. For the purposes of this section:
 5 (a) (i) "Unmanned aircraft" means an aircraft, including an aircraft
 6 commonly known as a drone, that is operated without the possibility of
 7 direct human intervention from within or on the aircraft; and
 8 (ii) "Unmanned aircraft system" means an unmanned aircraft and asso-
 9 ciated elements, including any communication links and components that
 10 control the unmanned aircraft.
 11 (b) "Commercial purposes" means the use of an unmanned aircraft in
 12 return for financial compensation and includes aerial photography, aeri-
 13 al mapping or geospatial imaging.
 14 (c) "Critical infrastructure facility" means any of the following
 15 facilities, if completely enclosed by a fence or other physical barrier
 16 that is obviously designed to exclude intruders, or if marked with a
 17 sign conspicuously posted on the property that indicates that entry is
 18 forbidden:
 19 (i) a petroleum or alumina refinery;
 20 (ii) an electrical power generating facility, substation, switching
 21 station or electrical control center;
 22 (iii) a chemical, po