 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
unmanned aircraft; critical infrastructure; prohibition
Purpose
Prohibits, beginning December 31, 2028, the state, a state agency, a state agency's independent contractor or a person in Arizona from operating an unmanned aircraft that is manufactured or assembled by a covered foreign entity for collecting data concerning any restricted critical infrastructure unless the unmanned aircraft is equipped with outlined software to prevent the extraction of intelligence data by a covered foreign entity.
Background
It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation: 1) is prohibited by federal law or regulation that governs aeronautics, including Federal Aviation Administration regulations; or 2) interferes with a law enforcement, firefighter or emergency services operation. It is also unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense. A city or town may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system (A.R.S. ยง 13-3729).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits, beginning December 31, 2028, the state, a state agency, a state agency's independent contractor or a person in Arizona from using or operating an unmanned aircraft that is manufactured or assembled by a covered foreign entity for the purpose of collecting data concerning any restricted critical infrastructure in Arizona.
2. Allows the state, a state agency, a state agency's independent contractor or a person in Arizona to use or operate an unmanned aircraft that is manufactured or assembled by a covered foreign entity if the unmanned aircraft can prevent the extraction of intelligence data from the unmanned aircraft by a covered foreign entity by using:
a) United States security software that is compliant with the security standards of the National Institute of Standards and Technology; or
b) a secure firewall, boundary protection software communications technology or equivalent technology.
3. Requires an independent third party to annually verify that the secure firewall, boundary protection software communications technology or equivalent technology follows all applicable security standards established by the Department of Public Safety (DPS) and the Arizona Department of Homeland Security (AZDOHS).
4. Requires the AZDOHS and DPS to designate critical infrastructure in Arizona as restricted on a site-specific basis.
5. Allows the AZDOHS and DPS to only designate restricted critical infrastructure by category or type of installation as reasonably necessary.
6. Requires the AZDOHS and DPS, when determining the designation of restricted critical infrastructure in Arizona, to consider:
a) the sensitivity of data concerning installations and facilities that are reasonably accessible by unmanned aircraft mounted cameras and other sensors;
b) the availability of similar data from sources other than unmanned aircrafts, such as satellites equipped with terrestrial data collection systems; and
c) the efficacy, cost and availability of unmanned aircraft models that are produced by foreign entities that are not covered foreign entities and that counter unmanned aircrafts.
7. Exempts the AZDOHS, DPS, a municipal law enforcement agency or a county sheriff's department from the prohibition on using an unmanned aircraft as outlined.
8. Defines terms.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
AN/ci