HB 742

            
2020 SESSION


20106234D

HOUSE BILL NO. 742

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on Communications, Technology and
Innovation

on January 27, 2020)

(Patrons Prior to Substitute--Delegates Bulova, Gooditis [HB
311], and LaRock [HB 1227])

A BILL to amend and reenact � 15.2-926.3 of the Code of
Virginia, relating to local regulation of unmanned aerial systems.

Be it enacted by the General Assembly of Virginia:

1. That � 15.2-926.3 of the Code of Virginia is amended and
reenacted as follows:

� 15.2-926.3. Local regulation of certain aircraft.

A. No political subdivision may regulate the use of a
privately owned, unmanned aircraft system as defined in � 19.2-60.1 within its
boundaries. 

B. Notwithstanding the prohibition of subsection A, a political
subdivision may, by ordinance or regulation, regulate the take-off and landing
of an unmanned aircraft system on property owned by the political subdivision.
Such ordinance or regulation shall be developed and authorized in accordance
with the rules and regulations promulgated by the Virginia Department of
Aviation (the Department). The political subdivision shall report to the
Department any ordinance or regulation adopted pursuant to this section, and
the Department shall publish and update annually on its website, and any other
website the Department deems appropriate, a summary of any such ordinance or
regulation adopted.

C. Nothing in this section shall permit a person to go
or enter upon land owned by a political subdivision solely because he is in
possession of an unmanned aircraft system if he would not otherwise be
permitted entry upon such land.

D. Nothing in this section shall be construed to prohibit
(i) the take-off or landing of an unmanned aircraft system by a commercial
operator in compliance with Federal Aviation Administration regulations, or as
deemed reasonable or necessary by private or public entities for emergency or
maintenance support functions or services, including the protection and
maintenance of public or private critical infrastructure; (ii) the landing of
an unmanned aircraft system by an operator in compliance with Federal Aviation
Administration regulations as deemed reasonable or necessary by the operator in
the event of a technical malfunction of an unmanned aircraft system; or (iii)
the take-off or landing of an unmanned aircraft system being operated by a
sworn public safety officer in the performance of his duties.

2. That the provisions of this act amending � 15.2-926.3 of
the Code of Virginia shall become effective on January 1, 2021.

3. That by January 1, 2021, the Virginia Department of
Aviation, in consultation with representatives of the unmanned aircraft system
industry, localities, and other stakeholders, shall develop rules and
regulations specific to take-offs and landings pursuant to the provisions of
this act. Such rules and regulations shall be in accordance with federal rules
and regulations and shall include a process for adoption of an ordinance or
regulation, exemptions to the ordinance or regulation, political subdivision
training, and notification requirements.