State & Local Unmanned Aircraft Regulation

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-024 LLS NO. 26-0513.01 Jery Payne x2157 SENATE SPONSORSHIP Liston and Michaelson Jenet, HOUSE SPONSORSHIP Soper, Senate Committees House Committees Local Government & Housing A BILL FOR AN ACT CONCERNING UNMANNED AIRCRAFT SYSTEMS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates the "Unmanned Aircraft Systems Rights and Authorities Act". The bill does the following: ! Authorizes an individual to operate an unmanned aircraft system (drone system) for recreational purposes in this state; ! Authorizes a person to operate a drone system for commercial purposes within this state if the business is lawful and the operation is in compliance with state and Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

federal law; ! Prohibits the state or a political subdivision of the state (local government) from requiring the registration of an unmanned aircraft or a drone system beyond what may be required by state and federal law; ! Clarifies that the operation of a drone system in compliance with federal law does not, standing alone, give rise to legal liability; ! Establishes and limits the regulatory authority of the state; and ! Establishes and limits the regulatory authority of a local government. In connection with establishing and limiting the regulatory authority of the state, the bill authorizes the state to regulate the use of drone systems owned by or used by the state or launching from or landing on state property. Exceptions to the state's regulatory authority are made for emergencies, maintenance, technical malfunctions, and law enforcement. In connection with establishing and limiting the regulatory authority of local governments, the bill prohibits a local government from regulating ownership, operation, design, manufacture, testing, maintenance, licensing, registration, certification, or equipment requirements or qualifications, training, or certification of a pilot, operator, or observer. A local government may regulate the use of drone systems owned by or used by the local government or launching from or landing on local government property. A local government's resolution or ordinance that is general in nature, such as a nuisance regulation, applies to a drone system.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that:

(a) The commercial use of unmanned aerial systems, referred to in this section as "drones", in operations, including agriculture, infrastructure, inspection, aerial surveying, news gathering, and disaster relief, is already prevalent in the state and increasing;

(b) This use of commercial drones is expected to grow even further as the federal government finalized beyond visual line of sight regulations; (c) The federal government, through the federal aviation administration, has the exclusive authority to regulate aviation safety and use of airspace by aircraft, including drones, in the navigable airspace of the United States and its regulations preempt state and local regulation of those fields;

(d) The state and local governments of the state would benefit from clarity concerning elements of drone use they can regulate; (e) The expanding nature of commercial drone use places it beyond the confines of local jurisdiction regulation;

(f) The avoidance of a patchwork of differing requirements is required to prevent the hindrance of the development, introduction, or deployment of drones or new drone technology in the state and the inherent economic and social benefits arising from their use; and

(g) A drone operator may be in one local jurisdiction while the drone is flying in another jurisdiction. (2) Therefore, the general assembly declares that non-airspace regulation of drones is a matter of statewide concern. SECTION 2. In Colorado Revised Statutes, add article 7 to title 41 as follows:

ARTICLE 7 Unmanned Aircraft Systems Rights and Authorities Act

41-7-101. Short title.

THE SHORT TITLE OF THIS ARTICLE 7 IS THE "UNMANNED AIRCRAFT SYSTEMS RIGHTS AND AUTHORITIES ACT".

41-7-102. Definitions.

AS USED IN THIS ARTICLE 7, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "OBSERVER" MEANS A PERSON THAT ASSISTS THE PERSON MANIPULATING THE FLIGHT CONTROLS OF AN UNMANNED AIRCRAFT TO MAINTAIN VISUAL LINE OF SIGHT WITH THE UNMANNED AIRCRAFT OR IN AVOIDING OTHER AIR TRAFFIC, PERSONS, OR OBJECTS WITHIN THE UNMANNED AIRCRAFT'S AREA OF OPERATION.

(2) (a) "POLITICAL SUBDIVISION" MEANS A POLITICAL SUBDIVISION OF THIS STATE THAT HAS AUTHORITY TO SET BINDING POLICY ON PEOPLE WITHIN THE SUBDIVISION'S JURISDICTION AND TO ENFORCE THE POLICY BY IMPOSING PENALTIES FOR FAILING TO COMPLY WITH THE DUTIES IMPOSED BY THE POLICY.

(b) "POLITICAL SUBDIVISION" INCLUDES THE GOVERNING BODY OF THE POLITICAL SUBDIVISION, AN AGENCY OF THE POLITICAL SUBDIVISION, OR AN AGENT OF THE POLITICAL SUBDIVISION.

"UNMANNED AIRCRAFT" MEANS AN AIRCRAFT THAT IS OPERATED WITHOUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION RIDING ON THE AIRCRAFT OR FROM WITHIN THE AIRCRAFT.

"UNMANNED AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND ASSOCIATED ELEMENTS, INCLUDING COMMUNICATION LINKS AND THE COMPONENTS THAT CONTROL THE UNMANNED AIRCRAFT, THAT ARE REQUIRED FOR THE PILOT IN COMMAND TO OPERATE SAFELY AND EFFICIENTLY IN THE NATIONAL AIRSPACE SYSTEM.

41-7-103. Federal authority over airspace.

THIS ARTICLE 7 DOES NOT PREEMPT OR AFFECT THE EXCLUSIVE SOVEREIGNTY OF AIRSPACE OF THE UNITED STATES AS SET FORTH IN 49 U.S.C. SEC. 40103 AND ANY OTHER RELEVANT FEDERAL LAW. A COURT, STATE AGENCY, OR POLITICAL SUBDIVISION SHALL NOT INTERPRET OR APPLY THIS ARTICLE 7 IN A MANNER THAT CONTRADICTS THE EXCLUSIVE AUTHORITY OF THE UNITED STATES GOVERNMENT TO REGULATE THE OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS IN THE AIRSPACE OF THE UNITED STATES.

41-7-104. Individual and commercial rights.

(1) AN INDIVIDUAL MAY OPERATE AN UNMANNED AIRCRAFT SYSTEM FOR RECREATIONAL PURPOSES WITHIN THIS STATE IF THE UNMANNED AIRCRAFT IS OPERATED IN COMPLIANCE WITH STATE LAW AND FEDERAL LAW.

(2) A PERSON MAY OPERATE AN UNMANNED AIRCRAFT SYSTEM FOR COMMERCIAL PURPOSES WITHIN THIS STATE IF:

(a) THE PERSON IS DOING BUSINESS LAWFULLY WITHIN THIS STATE;

AND

(b) THE UNMANNED AIRCRAFT SYSTEM IS OPERATED OR USED IN COMPLIANCE WITH STATE LAW AND FEDERAL LAW.

(3) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL NOT REQUIRE THE OWNER OF AN UNMANNED AIRCRAFT OR UNMANNED AIRCRAFT SYSTEM TO REGISTER AN UNMANNED AIRCRAFT OR UNMANNED AIRCRAFT SYSTEM BEYOND WHAT MAY BE REQUIRED BY THE REGULATION OF THE FEDERAL AVIATION ADMINISTRATION.

(4) THE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM IN COMPLIANCE WITH FEDERAL LAW IN AIRSPACE OVER THIS STATE DOES NOT, STANDING ALONE, GIVE RISE TO LEGAL LIABILITY UNDER THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION OF THE STATE.

41-7-105. Regulatory authority of state agencies.

(1) THE STATE, IF ACTING THROUGH A DULY ADOPTED AND ENFORCEABLE STATUTE, RULE, ORDER, OR CONTRACT, MAY:

(a) PROVIDE FOR THE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM:

(I) BY OR ON BEHALF OF THE STATE; OR

(II) THAT IS OWNED BY THE STATE; OR

(b) PROVIDE FOR OR PROHIBIT:

(I) THE LAUNCH OF AN UNMANNED AIRCRAFT FROM PROPERTY OWNED BY THE STATE;

(II) THE INTENTIONAL LANDING OF AN UNMANNED AIRCRAFT ONTO PROPERTY OWNED BY THE STATE; OR

(III) THE PRESENCE OF A PILOT ACTIVELY IN COMMAND OF AN UNMANNED AIRCRAFT SYSTEM ON PROPERTY OWNED BY THE STATE.

41-7-106. Regulatory authority of political subdivisions.

(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A POLITICAL SUBDIVISION SHALL NOT ENACT OR ENFORCE A RESOLUTION OR ORDINANCE THAT GOVERNS THE FOLLOWING FOR AN UNMANNED AIRCRAFT SYSTEM:

(a) OWNERSHIP; OPERATION, INCLUDING AIRSPACE, ALTITUDE, OR FLIGHT PATHS; DESIGN; MANUFACTURE; TESTING; MAINTENANCE;

LICENSING ;

REQUIREMENTS; OR REGISTRATION ;

CERTIFICATION ;

OR EQUIPMENT

(b) QUALIFICATIONS, TRAINING, OR CERTIFICATION OF A PILOT, OPERATOR, OR OBSERVER.

(2) THIS SECTION DOES NOT LIMIT THE AUTHORITY OF A POLITICAL SUBDIVISION TO:

(a) ADOPT OR ENFORCE A RESOLUTION, ORDINANCE, OR CONTRACT THAT GOVERNS THE OPERATION OF AN UNMANNED AIRCRAFT SYSTEM:

(I) BY OR ON BEHALF OF THE POLITICAL SUBDIVISION; OR

(II) THAT IS OWNED BY THE POLITICAL SUBDIVISION;

(b) ADOPT OR ENFORCE A GENERALLY APPLICABLE RESOLUTION OR ORDINANCE THAT RELATES TO ILLEGAL ACTS IF THE RESOLUTION OR ORDINANCE DOES NOT SPECIFICALLY GOVERN THE USE OF AN UNMANNED AIRCRAFT SYSTEM FOR THOSE ILLEGAL ACTS, NOTWITHSTANDING THE RESOLUTION OR ORDINANCE MAY APPLY TO THE USE OF UNMANNED AIRCRAFT SYSTEMS; OR

(c) ADOPT OR ENFORCE A RESOLUTION, ORDINANCE, OR CONTRACT THAT REGULATES:

(I) THE LAUNCH OF AN UNMANNED AIRCRAFT FROM PROPERTY OWNED BY THE POLITICAL SUBDIVISION;

(II) THE INTENTIONAL LANDING OF AN UNMANNED AIRCRAFT ONTO PROPERTY OWNED BY THE POLITICAL SUBDIVISION; OR

(III) THE PRESENCE OF A PILOT ACTIVELY IN COMMAND OF AN UNMANNED AIRCRAFT SYSTEM ON PROPERTY OWNED BY THE POLITICAL SUBDIVISION.

(3) A RESOLUTION OR ORDINANCE THAT VIOLATES THIS SECTION, WHETHER ENACTED OR ADOPTED BY A POLITICAL SUBDIVISION BEFORE OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 7, IS VOID.

41-7-107. Applicability and other law.

(1) THIS ARTICLE 7 DOES NOT PROHIBIT:

(a) THE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT AS DEEMED REASONABLE OR NECESSARY BY PRIVATE OR PUBLIC PERSONS FOR BONA FIDE EMERGENCY OR MAINTENANCE SUPPORT FUNCTIONS OR SERVICES, INCLUDING THE PROTECTION AND MAINTENANCE OF PUBLIC OR PRIVATE CRITICAL INFRASTRUCTURE;

(b) IN COMPLIANCE WITH FEDERAL AVIATION ADMINISTRATION REGULATIONS, THE LANDING OF AN UNMANNED AIRCRAFT AS DEEMED REASONABLE OR NECESSARY BY THE OPERATOR IN THE EVENT OF A TECHNICAL MALFUNCTION OF AN UNMANNED AIRCRAFT SYSTEM;

(c) THE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT BEING OPERATED BY A PEACE OFFICER IN THE PERFORMANCE OF THE OFFICER'S DUTIES; OR

(d) THE TAKEOFF OR LANDING OF AN UNMANNED AIRCRAFT OWNED OR OPERATED BY THE UNITED STATES GOVERNMENT, OR AN OPERATOR UNDER CONTRACT WITH AN AGENCY OF THE GOVERNMENT, IN PERFORMANCE OF THE OPERATOR'S ASSIGNED DUTIES.

UNITED STATES THIS ARTICLE 7 DOES NOT PERMIT STATE OR POLITICAL SUBDIVISION REGULATION OF UNMANNED AIRCRAFT OPERATIONS IN NAVIGABLE AIRSPACE OVER LAND OWNED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE.

SECTION 3.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to:

(a) Acts committed on or after the applicable effective date of this act; or

(b) Ordinances, resolutions, and rules existing on or after the applicable effective date of this act.