Arizona HB 2875: local regulation; prohibition; unmanned aircraft

Bill Text

Fifty-seventh Legislature Regulatory Affairs and Government Efficiency
Second Regular Session H.B. 2875

PROPOSED
SENATE AMENDMENTS TO H.B. 2875
(Reference to House engrossed bill)

The bill as proposed to be amended is reprinted as follows: 1
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, 2
is amended by adding section 9-500.54, to read: 3
9-500.54. Prohibition on unmanned aircraft regulation; 4
exceptions; definitions 5
A. EXCEPT AS OTHERWISE PROVIDED BY LAW, A CITY OR TOWN MAY NOT 6
ENACT OR ADOPT ANY ORDINANCE, POLICY OR RULE THAT RELATES TO THE OWNERSHIP 7
OR OPERATION OF AN UNMANNED AIRCRAFT, UNMANNED AIRCRAFT SYSTEM OR 8
COMMERCIAL DRONE DELIVERY SYSTEM OR OTHERWISE ENGAGE IN REGULATING THE 9
OWNERSHIP OR OPERATION OF AN UNMANNED AIRCRAFT, UNMANNED AIRCRAFT SYSTEM 10
OR COMMERCIAL DRONE DELIVERY SYSTEM. ANY ORDINANCE, POLICY OR RULE THAT 11
VIOLATES THIS SUBSECTION, WHETHER ENACTED OR ADOPTED BY THE CITY OR TOWN 12
BEFORE OR AFTER AUGUST 6, 2016, IS VOID. 13
B. THIS SECTION DOES NOT: 14
1. PROHIBIT A CITY OR TOWN FROM ENACTING OR ADOPTING AN ORDINANCE 15
OR RULE ON ANY OF THE FOLLOWING: 16
(a) OPERATING OR USING A PUBLIC UNMANNED AIRCRAFT THAT IS OWNED BY 17
THE CITY OR TOWN. 18
(b) TAKING OFF OR LANDING A MODEL AIRCRAFT IN A PARK OR PRESERVE 19
THAT IS OWNED BY THE CITY OR TOWN IF EITHER OF THE FOLLOWING APPLIES: 20
(i) THERE ARE OTHER PARKS OR PRESERVES THAT ARE WITHIN THE CITY OR 21
TOWN AND THAT ARE AVAILABLE FOR OPERATING MODEL AIRCRAFT. 22
(ii) THE CITY OR TOWN HAS ONLY ONE PARK OR PRESERVE THAT IS WITHIN 23
THE CITY OR TOWN. 24
(c) LAND USE APPROVALS FOR TAKING OFF, DOCKING AND LANDING A 25
COMMERCIAL DRONE DELIVERY SYSTEM IN AN AREA ZONED FOR RESIDENTIAL USE OR 26
WITHIN A ONE HUNDRED FIFTY-FOOT RADIUS OF THE OUTER BOUNDARY OF THE AREA 27
ZONED FOR RESIDENTIAL USE. 28
Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
[Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute
or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.

Senate Amendments to H.B. 2875

-2-
(d) TAKING OFF, DOCKING OR LANDING A COMMERCIAL DRONE DELIVERY 1
SYSTEM FROM A CITY OR TOWN OWNED FACILITY OR PROPERTY. 2
2. PROHIBIT A CITY OR TOWN FROM REQUIRING OR ENFORCING EXISTING 3
REGULATIONS THAT ARE NOT EXPLICITLY FOR AN UNMANNED AIRCRAFT, UNMANNED 4
AIRCRAFT SYSTEM OR A COMMERCIAL DRONE DELIVERY SYSTEM. 5
3. ALLOW A CITY OR TOWN TO WITHHOLD ISSUING A PERMIT OR APPROVAL 6
FOR OPERATING, TAKING OFF, DOCKING OR LANDING AN UNMANNED AIRCRAFT, 7
UNMANNED AIRCRAFT SYSTEM OR A COMMERCIAL DRONE DELIVERY SYSTEM IN AN AREA 8
THAT IS NOT ZONED FOR RESIDENTIAL USE. 9
4. LIMIT A CITY'S OR TOWN'S AUTHORITY TO APPLY AND ENFORCE 10
GENERALLY APPLICABLE ZONING, LAND USE, SITE PLAN, BUILDING, FIRE AND 11
PUBLIC SAFETY REGULATIONS TO THE PHYSICAL LOCATION OF FACILITIES THAT ARE 12
USED FOR TAKING OFF, DOCKING OR LANDING AN UNMANNED AIRCRAFT OR COMMERCIAL 13
DRONE DELIVERY SYSTEM WITHIN [ONE MILE] [TWO AND ONE-HALF MILES] OF A 14
[MEDIUM OR] LARGE HUB AIRPORT'S LATITUDE AND LONGITUDE AS RECORDED IN THE 15
FEDERAL AVIATION ADMINISTRATION'S MASTER AIRPORT RECORDS, IF THE 16
REGULATIONS DO NOT GOVERN THE FLIGHT PATH, NAVIGATION OR OPERATION OF THE 17
UNMANNED AIRCRAFT AND DO NOT HAVE THE EFFECT OF PROHIBITING COMMERCIAL 18
DRONE DELIVERY SYSTEMS WITHIN THE JURISDICTION [AND IF THE COMMERCIAL 19
DRONE DELIVERY SYSTEM OPERATOR CONSULTS WITH THE AIRPORT REGARDING THE 20
REGULATIONS]. 21
C. FOR THE PURPOSES OF THIS SECTION: 22
1. "COMMERCIAL DRONE DELIVERY SYSTEM" MEANS AN UNMANNED AIRCRAFT 23
SYSTEM ENGAGED IN THE DELIVERING OF GOODS VIA DRONE AND IS APPROVED TO 24
OPERATE FOR THAT PURPOSE BY THE FEDERAL AVIATION ADMINISTRATION. 25
2. "MODEL AIRCRAFT" MEANS AN UNMANNED AIRCRAFT THAT IS: 26
(a) CAPABLE OF SUSTAINED FLIGHT IN THE ATMOSPHERE. 27
(b) FLOWN WITHIN THE VISUAL LINE OF SIGHT OF THE PERSON OPERATING 28
THE MODEL AIRCRAFT. 29
(c) FLOWN FOR HOBBY OR RECREATIONAL PURPOSES. 30
3. "PUBLIC UNMANNED AIRCRAFT" MEANS AN UNMANNED AIRCRAFT OR 31
UNMANNED AIRCRAFT SYSTEM THAT IS OPERATED BY A PUBLIC AGENCY FOR A 32
GOVERNMENT-RELATED PURPOSE. 33
4. "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT, INCLUDING AN AIRCRAFT 34
COMMONLY KNOWN AS A DRONE, THAT IS OPERATED WITHOUT THE POSSIBILITY OF 35
DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT. 36
5. "UNMANNED AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND 37
ASSOCIATED ELEMENTS, INCLUDING ANY COMMUNICATION LINKS AND COMPONENTS THAT 38
CONTROL THE UNMANNED AIRCRAFT. 39
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, 40
is amended by adding section