California legislators are taking advantage of the continuing absence of federal regulation of unmanned aircraft systems (“UAS” or “drones”), and the provisions of the FAA Modernization and Reform Act of 2012, Pub.L. 112-95 (“FMRA”), allowing state and local governments to regulate drone operation in the absence of federal regulation. Between the start of the new California legislative session, through February 27, 2015, the last day for Bills to be submitted, legislators introduced five Bills. The most comprehensive of these is AB37, introduced by Assemblymember Campos, and referred to the Assembly Committee of Public Safety, Civil Procedure and Privacy.
AB37 would prohibit most public agencies from using drones, with the exception of law enforcement agencies using them to achieve the core mission of the agency, as long as the purpose is unrelated to the gathering of criminal intelligence. In addition, even where permitted, the agency would be required to give notice of its intent to use a drone; would generally be prohibited from dissemination under the California Public Records Act, Cal. Gov. Code § 6250, et seq., of images, footage and/or data collected, if disclosure would endanger the safety of a person involved in the investigation; and would be further required to permanently destroy the records within one year. Finally, unless authorized by federal law, AB37 would prohibit a person or entity, including a public agency, from equipping or arming a drone with a weapon or other device that may be carried by, or launched from, a drone that is intended to cause bodily injury, death, or damage to real or personal property. (A largely identical Bill, except for a provision prohibiting reimbursement of costs to a local agency or school district, was introduced by Assemblymember Quirk and referred to the same Committee. )