HB949: HB949 Aviation; prohibit launch or intentional landing of unmanned aircraft systems from or on agricultural land

26 LC 56 0593S The House Committee on Technology and Infrastructure Innovation offers the following substitute to HB 949: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general1 provisions regarding aviation, so as to prohibit certain activi ties over agricultural land2 through the operation of unmanned aircraft systems; to provide for penalties; to provide for3 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions7 regarding aviation, is amended by revising Code Section 6-1-4, relating to regulation of the8 testing or operation of unmanned aircraft system, preemption, u nauthorized operation at9 ticketed entertainment event, penalty, and exemptions, as follows:10 "6-1-4.11 (a) As used in this Code section, the term:12 (1) 'Agricultural land' means any land capable of use in the p roduction of agricultural13 crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy14 products, or fruit or other horticultural products, but does not include any land zoned by15 a local governmental unit for a use other than and nonconforming with agricultural use.16 H. B. 949 (SUB) - 1 - 26 LC 56 0593S (2) 'Local government unit' shall have the same meaning as set forth in Code17 Section 36-86-3.18 (3) 'Ticketed entertainment event' means any music, sporting, or performing arts event19 held in a location with gated entries or barriers that prevent access to the general public20 and in which a revocable license that has been issued by an owner, operator, or lessee of21 such property is required for attendance at such event.22 (2)(4)(A) 'Unmanned aircraft system' means:23 (A) A a powered, aerial vehicle that:24 (i) Does not carry a human operator and is operated without the possibility of direct25 human intervention from within or on the aircraft;26 (ii) Uses aerodynamic forces to provide vehicle lift;27 (iii) Can fly autonomously or be piloted remotely; and28 (iv) Can be expendable or recoverable.; and29 (B) Such term shall not include a satellite.30 (b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other31 political subdivision of this state local government unit regulating the testing or operation32 of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no33 force and effect; provided, however, that a county, municipalit y, or other political34 subdivision of this state local government unit may:35 (1) Enforce any ordinance that was adopted on or before April 1, 2017;36 (2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or37 (3) Adopt an ordinance that provides for or prohibits the laun ch or intentional landing38 of an unmanned aircraft system from or on its public property except with respect to the39 operation of an unmanned aircraft system for commercial purposes.40 (c) The state, through agency or departmental rules and regula tions, may provide for or41 prohibit the launch or intentional landing of an unmanned aircr aft system from or on its42 public property.43 H. B. 949 (SUB) - 2 - 26 LC 56 0593S (d)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or44 above a ticketed entertainment event.45 (2) A person who violates this subsection shall be guilty of the unauthorized operation46 of an unmanned aircraft system and shall be punished as for a misdemeanor.47 (3) This Paragraph (1) of this subsection shall not apply when to a person who operates48 operating an unmanned aircraft system within 400 feet of or above a tick eted49 entertainment event who:50 (A) Has obtained consent by any person with legal authority ov er a t h e ticketed51 entertainment event;52 (B) Is authorized by federal regulations to operate an unmanned aircraft system and is53 operating such system in a lawful manner and consistent with federal regulations;54 (C) Is an employee of the property where the ticketed entertainment event is held and55 is conducting official business within the scope of such employment;56 (D) Is an employee of a water, sewer, electrical, telephone, c able, or other regulated57 utility service provider and is conducting official business wi thin the scope of such58 employment; or59 (E) Is an owner of private property who is operating an unmanned aircraft system that60 he or she owns above such property, provided that such operatio n is consistent with61 federal regulations and is not used for commercial purposes, to convey or communicate62 a message, or to record for purposes of commercial broadcasting or publication, or to63 monitor, or otherwise interfere in any way with a ticketed entertainment event.64 (e) It shall be unlawful to operate an unmanned aircraft syste m over agricultural land65 where the result of such operation is:66 (1) Disturbance of agricultural practices upon the agricultural land;67 (2) Application of any substance to soil, plant life, or water upon the agricultural land68 without the express consent of any owner or lessee of such agricultural land; or69 (3) Harassment of livestock.70 H. B. 949 (SUB) - 3 - 26 LC 56 0593S (f) A person that knowingly violates subsection (d) or (e) of this Code section shall be71 guilty of the unauthorized operation of an unmanned aircraft system and shall be punished72 as for a misdemeanor."73 SECTION 2.74 All laws and parts of laws in conflict with this Act are repealed.75 H. B. 949 (SUB) - 4 -