S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10305
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Smith) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to    unlawful  operation  of
   model or unmanned aircraft over a critical infrastructure facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 240.78  to
 read as follows:
 §  240.78  UNLAWFUL OPERATION OF MODEL OR UNMANNED AIRCRAFT OVER A CRIT-
           ICAL INFRASTRUCTURE FACILITY.
   1. IT IS UNLAWFUL FOR A PERSON TO (A) KNOWINGLY OPERATE OR USE A MODEL
 OR UNMANNED AIRCRAFT OVER A CRITICAL INFRASTRUCTURE FACILITY AT AN ALTI-
 TUDE NOT HIGHER THAN FOUR HUNDRED FEET ABOVE GROUND LEVEL; OR (B)  ALLOW
 A  MODEL  OR  UNMANNED  AIRCRAFT  SYSTEM TO MAKE CONTACT WITH A CRITICAL
 INFRASTRUCTURE FACILITY, INCLUDING ANY PERSON OR OBJECT ON THE  PREMISES
 OF OR WITHIN THE FACILITY.
   2. THIS SECTION DOES NOT APPLY TO:
   (A) THE FEDERAL GOVERNMENT;
   (B) A PUBLIC BODY;
   (C) A LAW ENFORCEMENT AGENCY;
   (D)  A PERSON UNDER CONTRACT WITH OR OTHERWISE ACTING UNDER THE DIREC-
 TION OR ON BEHALF OF THE FEDERAL GOVERNMENT, A  PUBLIC  BODY  OR  A  LAW
 ENFORCEMENT AGENCY;
   (E)  AN OWNER OR OPERATOR OF THE CRITICAL INFRASTRUCTURE FACILITY OR A
 PERSON WHO HAS THE PRIOR WRITTEN CONSENT OF THE OWNER OR OPERATOR OF THE
 CRITICAL INFRASTRUCTURE FACILITY;
   (F) THE OWNER OR OCCUPANT  OF  THE  PROPERTY  ON  WHICH  THE  CRITICAL
 INFRASTRUCTURE FACILITY IS LOCATED OR A PERSON WHO HAS THE PRIOR WRITTEN
 CONSENT  OF  THE OWNER OR OCCUPANT OF THE PROPERTY ON WHICH THE CRITICAL
 INFRASTRUCTURE FACILITY IS LOCATED; OR
   (G) A PERSON OPERATING AN  UNMANNED  AIRCRAFT  SYSTEM  FOR  COMMERCIAL
 PURPOSES  IN  COMPLIANCE  WITH  AUTHORIZATION  GRANTED  BY  THE  FEDERAL
 AVIATION ADMINISTRATION.
   3. FOR THE PURPOSES OF THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14146-01-1
 A. 10305                            2
 
   (A) (I) "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT, INCLUDING  AN  AIRCRAFT
 COMMONLY  KNOWN  AS A DRONE, THAT IS OPERATED WITHOUT THE POSSIBILITY OF
 DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT; AND
   (II)   "UNMANNED AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND ASSO-
 CIATED ELEMENTS, INCLUDING ANY COMMUNICATION LINKS AND  COMPONENTS  THAT
 CONTROL THE UNMANNED AIRCRAFT.
   (B)  "COMMERCIAL  PURPOSES"  MEANS  THE USE OF AN UNMANNED AIRCRAFT IN
 RETURN FOR FINANCIAL COMPENSATION AND INCLUDES AERIAL PHOTOGRAPHY, AERI-
 AL MAPPING OR GEOSPATIAL IMAGING.
   (C) "CRITICAL INFRASTRUCTURE FACILITY"  MEANS  ANY  OF  THE  FOLLOWING
 FACILITIES,  IF COMPLETELY ENCLOSED BY A FENCE OR OTHER PHYSICAL BARRIER
 THAT IS OBVIOUSLY DESIGNED TO EXCLUDE INTRUDERS, OR  IF  MARKED  WITH  A
 SIGN  CONSPICUOUSLY  POSTED ON THE PROPERTY THAT INDICATES THAT ENTRY IS
 FORBIDDEN:
   (I) A PETROLEUM OR ALUMINA REFINERY;
   (II) AN ELECTRICAL POWER GENERATING  FACILITY,  SUBSTATION,  SWITCHING
 STATION OR ELECTRICAL CONTROL CENTER;
   (III) A CHEMICAL, POLYMER OR RUBBER MANUFACTURING FACILITY;
   (IV)  A  WATER  INTAKE STRUCTURE, WATER TREATMENT FACILITY, WASTEWATER
 TREATMENT PLANT OR PUMP STATION;
   (V) A NATURAL GAS COMPRESSOR STATION;
   (VI) A LIQUID NATURAL GAS TERMINAL OR STORAGE FACILITY;
   (VII) A TELECOMMUNICATIONS CENTRAL SWITCHING OFFICE;
   (VIII) A PORT, RAILROAD SWITCHING YARD,  TRUCKING  TERMINAL  OR  OTHER
 FREIGHT TRANSPORTATION FACILITY;
   (IX) A GAS PROCESSING PLANT, INCLUDING A PLANT USED IN THE PROCESSING,
 TREATMENT OR FRACTIONATION OF NATURAL GAS;
   (X)  A  TRANSMISSION  FACILITY  USED  BY A FEDERALLY LICENSED RADIO OR
 TELEVISION STATION;
   (XI) A STEELMAKING FACILITY THAT USES AN ELECTRIC ARC FURNACE TO  MAKE
 STEEL;
   (XII)  A  DAM  THAT  IS  CLASSIFIED AS A HIGH HAZARD BY ANY REGULATORY
 BODY;
   (XIII) ANY PORTION OF AN ABOVEGROUND OIL,  GAS  OR  CHEMICAL  PIPELINE
 THAT  IS ENCLOSED BY A FENCE OR OTHER PHYSICAL BARRIER THAT IS OBVIOUSLY
 DESIGNED TO EXCLUDE INTRUDERS; OR
   (XIV) A CORRECTIONAL FACILITY OR LAW ENFORCEMENT FACILITY.
   (D) "PUBLIC UNMANNED AIRCRAFT" MEANS AN UNMANNED AIRCRAFT OR  UNMANNED
 AIRCRAFT SYSTEM THAT IS OPERATED BY A PUBLIC AGENCY FOR A GOVERNMENT-RE-
 LATED PURPOSE.
   UNLAWFUL  OPERATION  OF  MODEL  OR  UNMANNED  AIRCRAFT OVER A CRITICAL
 INFRASTRUCTURE FACILITY IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.