March Recap: 2023 State Legislative Sessions

 

The latest from State Advocacy: As March came to a close, so did the end of the third month of the legislative session. Alabama and Florida convened for their 2023 regular sessions, while Wyoming, Utah, South Dakota, West Virginia, Kentucky, New Mexico, Idaho, Maine, and Georgia adjourned.

What's next from our team: As states that were active in drone policy adjourn, AUVSI will be putting out end of session reports grading the legislation introduced and engagement of the legislature. See our already-published reports on Missippi, Utah, and Wyoming.
 

What We’re Working On 

Drone Prepared: Our model legislation, SB 2146, was signed by the Governor on March 3rd, making Mississippi officially drone prepared. This law codifies that ultimate authority over the airspace lies with the Federal Aviation Administration and prevents additional burdensome regulations, creating a secure and cohesive regulatory environment in which commercial drone operations can thrive. This puts Mississippi at the forefront of states leading the way in preparing for the benefits that the future of uncrewed and autonomous flight will bring to communities.  
 

We are continuing to work the language in other states, having met with legislators from North Carolina on updating their drone laws and codifying federal preemption, the South Carolina Association of Counties on Drone Prepared, and having supported federal preemption language through the passage of the first chamber in Rhode Island.  
 

State Engagement: Just three months into the legislative session, there have already been 150 measures introduced relating to UAS and AAM. Outside of Drone Prepared, our engagement has focused on correcting ill-conceived legislation.   
 

We are working closely with our drone organization partners and with in-state stakeholders in Texas and Iowa on industry-friendly language adjustments to measures that would impose airspace restrictions and create large “no-fly” zones.  We are in contact with sponsors of Montana legislation that would create flight restrictions, holding discussions on federal preemption and the negative consequences for commercial operations. We also worked with members on amendments to a Missouri bill that would restrict flight, getting vertical distance restrictions removed and a commercial exemption clarified. Much of the problematic legislation deals with airspace restrictions and a lack of recognition of federal preemption, furthering the need for Drone Prepared and allowing us to engage in productive conversations on the subject.    
 

New Policy Alert—Country of Origin Bans 

Country of Origin bans have been a growing focus across state legislatures, with 17 bills introduced in 10 states. These measures are focused on prohibiting state agencies from using drones from countries of concern, such as China, because of concerns over the security of the data captured. This is heightened for state use, as often state agencies use drones in sensitive cases such as the inspection of critical infrastructure.  
 

These measures also aim to enhance U.S. drone competitiveness, creating opportunities for American drone companies to gain momentum in the market, encouraging state businesses to look to them first and providing the opportunity for their collaboration with state agencies. This is a strategic imperative for a market long characterized by state-subsidized companies based in these countries of concern. 
 

In these bans, AUVSI strongly supports providing transition periods, phase-out statutes, and providing funding to state and local agencies to assist in helping them in the transition and required training. Many drones currently used by state agencies are captured under these bans, and it is imperative that legislatures recognize the significant time and monetary investment that has already been made.   
 

What We’re Looking Forward To 

Heading into April, and with many states wrapping up their budgetary work, we expect to see more committee and chamber action on policy focused legislation. As nine more states move towards adjournment, Louisiana will first convene on April 10th, making it the final state to start their 2023 session. As the session continues, we look forward to continuing to engage legislators, industry members, and organizational partners to ensure favorable state regulatory environments for uncrewed technologies. 

 

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