LOCAL UNMANNED AIRCRAFT REGULATION                                                      S.B. 129:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

Senate Bill 129 (as introduced 2-26-19)

Sponsor:  Senator Wayne Schmidt

Committee:  Transportation and Infrastructure

Date Completed:  3-20-19

CONTENT

The bill would amend the Unmanned Aircraft Systems Act to allow a political subdivision that prohibited the operation of nonemergency motor vehicles in the political subdivision to enact or enforce an ordinance or resolution regulating the ownership or operation of unmanned aircraft under certain circumstances.

Under the Act, except as authorized by statute, a political subdivision may not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft, or otherwise engage in the regulation of the ownership or operation of unmanned aircraft.

Under the bill, this restriction would not apply to a political subdivision that prohibited the operation of nonemergency motor vehicles in the political subdivision. However, the political subdivision could not prohibit ownership or operation of an unmanned aircraft by a newsgatherer licensed by the Federal Communications Commission, for maintenance performed by a public utility, or for maintenance of critical infrastructure, if those uses were authorized under either of the following:

-- Regulations, authorizations, or exemptions of the United States Federal Aviation Administration (FAA).

-- A remote pilot certification issued by the FAA.

A political subdivision described above would have to petition the FAA for designation as a fixed site facility under Section 2209 of the FAA Extension, Safety, and Security Act, within 12 months after the effective date of the FAA's rules governing the processing of petitions for designation as a fixed site facility.

(Section 2209 of the FAA Extension, Safety, and Security Act pertains to the submission of an application for designation as a fixed site facility and specifies that only the following may be considered fixed site facilities: 1) critical infrastructure, such as energy production, transmission, and distribution facilities and equipment; 2) oil refineries and chemical facilities; 3) amusement parks; and 4) other locations that warrant such restrictions.)

Under the bill, the proposed exemption granted to a political subdivision described above would not apply after the effective date of a fixed site designation issued by the FAA that applied to that political subdivision.

MCL 295.305                                                           Legislative Analyst:  Tyler VanHuyse

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                 Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.