HB 5202 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT AIRPORT AUTHORITY.

(a) Not later than July thirty-first annually, the owner or operator of any airport, heliport, vertiport, restricted landing area, seaplane base or other air navigationfacility licensed under the provisionsofsection13b- 46, as amended by this act, shall submit to the executive director and the municipality in which [thethe aircraft]aircraft such facility is based, the following information with respect to an aircraft which is based or primarily used at such facility as of July first of such year:

(a) The executive director of the Connecticut Airport Authority is authorizedto cooperate withthegovernmentoftheUnitedStatesorany agency or department thereof in the acquisition, construction, improvement, maintenance and operation of airports, heliports, vertiports, landing fields and other aeronautical facilities in this state where federal financial aid is received and to comply with the LCOsHB5202 / File No.

1426322 10 ofsHB5202 23File RaisedNo. Bill No.5202 provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports, heliports, vertiports, landing fields and facilities.

322 provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports, heliports, vertiports, landing fields and facilities.

(b) The executive director shall adopt written procedures in accordance with the provisions of section 1-121 to implement the provisionsofsubsection(a)ofthissection.The proceduresshallinclude, but not be limited to, the type of information the property owner may be required to record, the procedures for transmitting such information totheexecutivedirector andstandardsfordeterminingwhatconstitutes LCOsHB5202 / File No.

1426322 11 ofsHB5202 23File RaisedNo. Bill No.5202 an annual special event and agricultural purposes.

322 an annual special event and agricultural purposes.

The executive director may perform such acts, issue and amend such orders, and make and amend such reasonable general or special [regulationsregulations and procedure][procedure] procedures and establish such minimum standards, consistent with the provisions of this chapter, as the executive director deems necessary or appropriate, and which are commensurate with and for the purpose of protecting and insuring[insuring] ensuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using or traveling in, aircraft, of persons operating or using unmanned aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this state.

No [regulation]regulation or procedure of the executive director shall apply to airports or other air navigation facilities owned by the federal government within this state.

[(a)] (1) "Aircraft accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such personshave disembarked,inwhichany personsuffers deathor serious LCOinjury as a result of such person being in or upon the aircraft or in direct sHB5202 / File No.

1426322 12 ofsHB5202 23File RaisedNo. Bill No.5202 injury as a result of such person being in or upon the aircraft or in direct contact with the aircraft or anything attached thereto or as a result of the operation of the aircraft, or the aircraft receives substantial damage;

322 contact with the aircraft or anything attached thereto or as a result of the operation of the aircraft, or the aircraft receives substantial damage;

[(c)] (3) "Substantial damage" means (A) damage in excess of one thousand dollars to the property of any person, or (B) damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft or unmanned aircraft, and which would normally require major repair or replacement of the affected component,component. [except that] but does not include engine failure, damage limited to an engine, bent fairings or cowling, dented skin, smallpuncturedholesintheskinoffabric,grounddamage torotor or propeller blades and damage to landing gear, wheels, tires, flaps, engine accessories, brakes or wing tips;

[, except that] "Substantial damage" does not include engine failure, damage limited to an engine, bent fairings or cowling,dentedskin,smallpuncturedholesintheskinoffabric,ground damage to rotor or propeller blades and damage to landing gear, wheels, tires, flaps, engine accessories, brakes or wing tips;

The executive director may hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter, aircraft accidents, unmanned aircraft accidents or ordersorders, and[and] [regulations]regulations and procedures of the executive director.

Section 15-66 of the general statutes is repealed and the LCOfollowing No.is substituted in lieu thereof (Effective July 1, 2024):

1426sHB5202 13/ ofFile 23No. Raised Bill No.5202 following is substituted in lieu thereof (Effective July 1, 2024):

In322 any13 casesHB5202 inFile whichNo. the executive director of the Connecticut Airport Authority refuses to issue a certificate of approval of, or license or renewal of license for, an airport, restricted landing area, heliport, vertiport or other air navigation facility, or in any case in which the executive director issues any order requiring certain things to be done or revoking any license, the executive director shall set forth the reasons therefor and shall state the requirements to be met before such approval shall be given, license granted or order modified or changed.

322 In any case in which the executive director of the Connecticut Airport Authority refuses to issue a certificate of approval of, or license or renewal of license for, an airport, restricted landing area, heliport, vertiport or other air navigation facility, or in any case in which the executive director issues any order requiring certain things to be done or revoking any license, the executive director shall set forth the reasons therefor and shall state the requirements to be met before such approval shall be given, license granted or order modified or changed.

To carry out the provisions of this chapter, the executive director and any official or employee of the authority and any stateormunicipalofficerchargedwiththedutyofenforcingthischapterstateormunicipalofficerchargedwiththe dutyofenforcingthischapter may inspect and examine at reasonable hours any premises and the buildings and other structures thereon where airports, restricted landing areas, heliports, vertiports, air schools, flying clubs or other air navigation facilities or aeronautical activities are operated or carried on.

(a) Any person who interferes or tampers with any airport, heliport, vertiport, landing field or airway or the equipment thereof or who interferes or tampers with or circumvents, attempts to circumvent or LCOthwart any security device or equipment installed or who circumvents, attempts to circumvent or fails to comply with security measures or sHB5202 / File No.

1426322 14 ofsHB5202 23File RaisedNo. Bill No.5202 thwart any security device or equipment installed or who circumvents, attempts to circumvent or fails to comply with security measures or procedures in operation at any airport shall be guilty of a class D felony.

322 procedures in operation at any airport shall be guilty of a class D felony.

Any pilot,whetherresident or nonresident,ofacivilaircraftnonresident,ofacivilaircraftinvolved involved in an aircraft accident [resulting in personal injury or substantial damage to the aircraft] and any operator, whether resident or nonresident, of an unmanned aircraft involved in an unmanned aircraft accident shall immediately notify the executive director or the state police.police of such accident.

[A] The pilot, pilots,pilots,operatoror operator or operators shall file a written report [shall be filed] concerning the accident with the executive director [within] not later than fourteen calendar days after such accident on a form prescribed by the executive director.director.Ifrequested by theexecutivedirector, awrittenreport mayalso be required for an aircraft or unmanned accident when the damage is less than substantial damage.

If requested by the executive director, a written report may also be required for an aircraft or unmanned accident when the damage is less than substantial damage.

Section 15-72 of the general statutes is repealed and the LCOfollowing No.is substituted in lieu thereof (Effective July 1, 2024):

1426No 15person ofshall 23operate Raisedany Billaircraft or unmanned aircraft carelessly, sHB5202 / File No.

5202322 following15 issHB5202 substitutedFile inNo. lieu thereof (Effective July 1, 2024):

No322 person shall operate any aircraft or unmanned aircraft carelessly, negligently or recklessly, or in such a manner as to endanger the property, life or limb of any person, having regard to the proximity of other aircraft or other unmanned aircraft, weather conditions, field conditions and, while in flight, the territory flown over.

Where necessary in order to provide unobstructed air space for the landing and taking-off of aircraft, in the case of airports, heliports, vertiports and restricted landing areas acquired or operated by the authority, the executive director or, if a taking is required, the Commissioner of Transportation, and, in the case of municipal airports, the municipality, is granted authority to acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports, heliports, vertiports or restricted landing areas, and such other airport protection privileges as are necessary to insure[insure] ensure safe approaches to the landing areas of such airports, heliports, vertiports and restricted landing areas and the safe and efficient operation thereof.

Any such encroachment is declared to be a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances, or the municipality in charge of the airport, heliport, vertiport or restricted LCOlanding No.area for which airport protection privileges have been acquired as provided in this section may go upon the land of others and remove any such encroachment without being liable for damages in so doing.

1426sHB5202 16/ ofFile 23No. Raised Bill No.5202 landing area for which airport protection privileges have been acquired as provided in this section may go upon the land of others and remove any such encroachment without being liable for damages in so doing.

Before322 exercising16 anysHB5202 ofFile theNo. powers conferred [herein] in this section, the executive director shall establish and publish in detailed form, available to the public, the standards which the executive director has adopted and will apply in making a determination that public convenience and necessity require the taking of any parcel of land or interest therein.

322 Before exercising any of the powers conferred [herein] in this section, the executive director shall establish and publish in detailed form, available to the public, the standards which the executive director has adopted and will apply in making a determination that public convenience and necessity require the taking of any parcel of land or interest therein.

and "clear zone" means an area extending for up to one-half mile from the end of a runway on a public airport and designated by the executive director as a clear zone in accordance with [regulations]regulations or procedures adopted by the executive director.

LCO(b) No.No person shall operate or attempt to operate any aircraft on the ground or in the air carrying passengers who are under the influence of intoxicating liquor or of any drug.

1426sHB5202 17/ ofFile 23No. Raised Bill No.5202 (b) No person shall operate or attempt to operate any aircraft on the ground or in the air carrying passengers who are under the influence of intoxicating liquor or of any drug.

(c)322 Any17 personsHB5202 whoFile violatesNo. any provision of this section shall, for a first offense, be guilty of a class C misdemeanor and, for any subsequent offense, be guilty of a class A misdemeanor.

322 (c) Any person who violates any provision of this section shall, for a first offense, be guilty of a class C misdemeanor and, for any subsequent offense, be guilty of a class A misdemeanor.

(NEW) (Effective October 1, 2024) The Connecticut Airport Authority, in consultation with the Department of Transportation and representatives from the unmanned aircraft industryindustry, organizations representing municipalities and organizations representing municipalities,first responders, may adopt procedures pursuant to the provisions of section 1-121 of the general statutes that (1) specify where unmanned aircraft may take off and land, giving consideration to public health and safety, aesthetics and the general welfare, and (2) govern the operation of unmanned aircraft, unless otherwise prohibited byby, or provided forfor, in federal law.

(NEW) (Effective October 1, 2024) (a)As Forused thein purposessections of22 thisto section,25, (1)inclusive, "aircraft" and "unmanned aircraft" have the same meanings as provided in section 15-34 of the general statutes, as amended by this act,act: (2) "deadly weapon", "dangerous instrument" and "firearm" have the same meanings as provided in section 53a-3 of the general statutes, (3) "ammunition" has the same meaning as provided in section 53a-217 of the general statutes, (4) "explosive or incendiary device" has the same meaning as provided in section 53-206b of the general statutes, (5) "armed forces of the United States" has the same meaning as "armed forces" in section 27-103 of the general statutes, and (6) "armed forces of the state" has the same meaning as described in section 27-2 of the general statutes.

(b)(1) No"Aircraft" personand shall"unmanned equipaircraft" anhave aircraftthe orsame unmannedmeanings aircraftas withprovided ain deadlysection weapon,15-34 dangerousof instrument,the firearm,general ammunitionstatutes, oras explosiveamended orby incendiarythis device.act.

(c)(2) The"Ammunition" provisionshas of this section shall not apply to any aircraft or unmanned aircraft operated by a member of the armedsame forcesmeaning ofas theprovided Unitedin Statessection or53a- armed217 forces of the stategeneral whilestatutes. engaged in the LCO No.

1426(3) 18"Armed forces of 23the RaisedUnited BillStates" No.5202has performancethe ofsame suchmeaning member'sas official"armed duties.forces" in section 27-103 of the general statutes.

(d)(4) Any"Armed personforces whoof violatesthe state" has the provisionssame ofmeaning thisas sectiondescribed shallin besection guilty27-2 of athe classgeneral Astatutes. misdemeanor.

(5) "Deadly weapon", "dangerous instrument" and "firearm" have the same meanings as provided in section 53a-3 of the general statutes.

(6) "Explosive or incendiary device" has the same meaning as provided in section 53-206b of the general statutes.

(7) "Firefighter" has the same meaning as described in section 7-313g of the general statutes.

sHB5202 / File No.

322 18 sHB5202 File No.

322 (8) "Police officer" has the same meaning as provided in section 7- 294a of the general statutes.

(9) "Public service company" has the same meaning as described in section 16-1 of the general statutes.

(NEW) (Effective October 1, 2024) (a) ForNo theperson purposesshall ofequip thisan section,aircraft "unmannedor aircraft"unmanned hasaircraft thewith samea meaningdeadly asweapon, provideda indangerous sectioninstrument, 15-34a offirearm, theammunitionor generalanexplosive statutes,or asincendiary amendeddevice. by this act.

(b) NoThe personprovisions shallof operatesubsection an(a) unmannedof aircraft,this orsection programshall annot apply to any aircraft or unmanned aircraft tooperated operate,by at(1) a heightmember of lessthe thanarmed twoforces hundredof fiftythe feetUnited overStates theor boundariesarmed forces of privatethe premisesstate withoutwhile theengaged priorin approvalthe performance of such member's official duties, or (2) a police officer while engaged in rescue services or the ownerprovision of emergency services to persons who are in dangerous or perilous circumstances when such premises.aircraft or unmanned aircraft is equipped with a motorized breaching tool.

(c) Any person who violates anythe provisionprovisions of this section shall havebe committedguilty anof infraction.a class A misdemeanor.

(NEW) (Effective October 1, 2024) (a) ForNo person shall operate an unmanned aircraft, or program an unmanned aircraft to operate, at a height of less than two hundred fifty feet over the purposesboundaries of thisprivate section:premises without the prior approval of the owner of such premises.

(b) The provisions of subsection (a) of this section shall not apply to (1) "Unmannedthe aircraft"operation hasof an unmanned aircraft by, or on behalf of, an employee of the samefederal meaninggovernment, asthe providedstate or a political subdivision ofthestate,amemberofthearmedforcesoftheUnitedStates, amember of the armed forces of the state, a firefighter, a police officer or an employee of a public service company when such operation is in sectionthe 15-34performance of the generalofficial statutes,duties asof amendedsuch employee, member, firefighter or officer, or (2) a person operating an unmanned aircraft for commercial purposes in compliance with authorization granted by thisthe act.sHB5202 / File No.

(2)322 "Critical19 infrastructuresHB5202 facility"File meansNo. the following, if the property is completely enclosed by a fence or other physical barrier that is clearly designed to exclude intruders, or if the property is clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders and indicate that entry is forbidden:

(A)322 AnFederal electricalAviation generatingAdministration facility,to electricthe substationextent orsuch switchyardoperation oris electricnecessary control system, (B) a facility for storing,such receiving or processing petroleum products and other fuels, (C) achemicalorrubbermanufacturingorstoragefacility,(D)acorrectional facility,(E) a telecommunications central office or wireless telecommunications infrastructure, (F) a commercial port,purpose. harbor, rail yard, truck terminal or other freight transportation facility, (G) a plant for the manufacture and distribution of gas, (H) a transmission facility of a television or radio station licensed by the Federal Communications LCO No.

1426(c) 19Any ofperson 23who Raisedviolates Bill No.5202 Commission, (I) any portionprovision of an above-ground oil, gas or chemical pipeline, (J) a dam classified as a high or significant hazard by the Commissioner of Energy and Environmental Protection, (K) an air navigation facility, as defined in section 15-34 of the general statutes, as amended by this act, (L) a military facility, as defined in section 27-39shall ofhave thecommitted generalan statutes,infraction. (M) a water treatment plant, distribution system and pumping station or wastewater treatment plant, collection system and pump station, (N) a government office building, (O) a hospital, or (P) a public safety building or facility.

(3) "Armed forces of the United States" has the same meaning as "armed forces" in section 27-103 of the general statutes.

(4) "Armed forces of the state" has the same meaning as described in section 27-2 of the general statutes.

(5) "Police officer" has the same meaning as provided in section 7- 294a of the general statutes.

(b) No person shall (1) operate an unmanned aircraft, or program an unmanned aircraft, to operate at a height of less than two hundred fifty feet over or within two hundred fifty horizontal feet of a critical infrastructure facility, or (2) use unmanned aircraft to conduct surveillance of, gather evidence of or collect information about a critical infrastructure facility without the prior approval of the owner or administrator of such facility.

(c) The provision of this section shall not apply to (1) the operation of an unmanned aircraft by an employee of the federal or state government, a member of the armed forces of the United States, a member of the armed forces of the state or a police officer when such operation is in the performance of the official duties of such employee, member or officer, or (2) a person operating an unmanned aircraft for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

(d) Any person who violates the provisions of this section shall be LCO No.

1426 20 of 23 Raised Bill No.

5202 guilty of a class A misdemeanor.

(NEW) (Effective October 1, 2024) (a) ForAs theused purposes of this section,(1)"laser"meansanydevicethatprojectsabeamorpointoflight by means of light amplification by stimulated emission of radiation or any device that emits light which simulates the appearance of a laser,(2) "aircraft" has the same meaning as provided in section 15-34 of the general statutes, as amended by this act,section, (3)"critical "armedinfrastructure forcesfacility" ofmeans the Unitedfollowing States"types has the same meaning as "armed forces" in section 27-103 of theproperties: general statutes, (4) "armed forces of the state" has the same meaning as described in section 27-2 of the general statutes, and (5) "police officer" has the same meaning as provided in section 7-294a of the general statutes.

(b)(1) NoAn personelectrical shallgenerating intentionallyfacility, projectelectric substation or switchyard or electric control system, (2) a laserfacility onfor storing, receiving or atprocessing anpetroleum aircraftproducts and other fuels, (3) a chemical or atrubber manufacturing or storage facility, (4) a correctional facility, (5) a telecommunications central office or wireless telecommunications infrastructure, (6) a commercial port, harbor, rail yard, truck terminal or other freight transportation facility, (7) a plant for the flightmanufacture pathand distribution of gas, (8) a transmission facility of a television or radio station licensed by the Federal Communications Commission, (9) any portion of an aircraft.above-ground oil, gas or chemical pipeline, (10) a dam classified as a high or significant hazard by the Commissioner of Energy and Environmental Protection, (11) an air navigation facility, as defined in section 15-34 of the general statutes, as amended by this act, (12) a military facility, as defined in section 27-39 of the general statutes, (13) a reservoir, water treatment plant, distribution system and pumping station or wastewater treatment plant, collection system and pump station,(14)a government office building,(15) ahospital,or(16)apublic safety building or facility, provided such property is completely enclosed by a fence or other physical barrier that is clearly designed to exclude intruders, or the property is clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and such signs indicate that entry is forbidden.

(c)(b) TheNo provisionperson ofshall this(1) sectionoperate shallan notunmanned applyaircraft, or program an unmanned aircraft to anyoperate, memberat a height of theless armedthan forcestwo ofhundred thefifty Unitedfeet States,over armedor forceswithin one hundred horizontal feet of thea statecritical infrastructure facility, or a(2) policeuse officeran actingunmanned inaircraft theto performanceconduct ofsurveillance theof, officialgather dutiesevidence of suchor membercollect orinformation officer.about a critical sHB5202 / File No.

(d)322 Any20 personsHB5202 whoFile violatesNo. the provision of this section shall be guilty of a class A misdemeanor.

322 infrastructure facility without the prior approval of the owner or administrator of such facility.

(c) The provisions of this section shall not apply to (1) the operation of an unmanned aircraft by, or on behalf of, an employee of the federal government, the state or a political subdivision of the state, a member of the armed forces of the United States, a member of the armed forces of the state, a firefighter, a police officer or an employee of a public service company when such operation is in the performance of the official duties of such employee, member, firefighter or officer, or (2) a person operating an unmanned aircraft for commercial purposes in compliance with authorization granted by the Federal Aviation Administration to the extent such operation is necessary for such commercial purpose.

(d) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

(NEW) (Effective October 1, 2024) (a) As used in this section, "laser" means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or any device that emits light which simulates the appearance of a laser.

(b) No person shall intentionally project a laser on or at an aircraft or at the flight path of an aircraft.

(c) The provisions of this section shall not apply to any member of the armed forces of the United States, armed forces of the state or a police officer acting in the performance of the official duties of such member or officer.

(d) Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

Sec.

26.

(g)sHB5202 Notwithstanding/ anyFile provisionNo. of subsection (a) of this section, food or nonalcoholic beverages may be sold, dispensed or consumed in places operating under a cafe permit issued pursuant to subsection (d) of section 30-22a, at any time, as allowed by agreement between the Connecticut Airport Authority and its lessees or concessionaires.

In322 the21 casesHB5202 ofFile premises operating at Bradley International Airport under a cafe permit, the sale, dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic LCO No.

1426322 21(g)Notwithstanding any provisionofsubsection(a) andsubdivisions (1) and (2) of 23subsection Raised(e) Billof No.this section, food or nonalcoholic beverages may be sold, dispensed or consumed in places operating under a cafe permit issued pursuant to subsection (d) of section 30-22a, at any time, as allowed by agreement between the Connecticut Airport Authority and its lessees or concessionaires.

5202In the case of premises operating at Bradley International Airport under a cafe permit, the sale, dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of alcoholic liquor by an individual shall be unlawful on [:

(1) Monday, Tuesday, Wednesday, Thursday andFridayand betweentheFriday hoursofonebetween the hours of one o'clock a.m.

and six o'clock a.m., (3) Christmas, except for alcoholic liquor that is served where food is also available during the hours otherwisepermittedbythissectionforthedayonwhichChristmasfalls,otherwise permitted by this section for the day on which Christmas falls, and (4) January first betweenthehoursofthreeo'clock a.m.andsix o'clock a.m.] any day between the hours of threetwelve o'clock a.m.

and six o'clock a.m.] any day between the hours of eleven o'clock p.m.

and after eleven o'clock p.m.

16 July 1, 2024 15-72 Sec.sHB5202 / File No.

322 22 sHB5202 File No.

322 Sec.

25 October 1, 2024 30-91(g)New LCOsection No.Sec.

142626 22October of1, 232024 Raised30-91(g) BillStatement No.of Legislative Commissioners:

5202In StatementSection of11(3), Purpose:", [except that] but" was changed to ".

To[, implementexcept thethat] recommendations"Substantial ofdamage"" thefor Connecticutclarity; Airport Authority regarding vertiports, unmanned aircraft, lasers and the sale of alcoholic liquor at Bradley International Airport.

[Proposedin deletionsSection are15, enclosed"of insuch brackets.accident" was added for clarity;

Proposedand additionsin areSection indicated16, by"other" underline,was exceptadded thatfor whenclarity. the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

1426TRA 23Joint ofFavorable 23Subst.

sHB5202 / File No.

322 23 sHB5202 File No.

322 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ Judicial Dept.

(Probation) GF - Potential Minimal Minimal Cost Resources of the General Fund GF - Potential Minimal Minimal Revenue Gain Department of Revenue Services Various - Less than Less than Potential 100,000 100,000 Revenue Gain Note:

Various=Various;

GF=General Fund Municipal Impact:

None Explanation This bill incorporates "unmanned aircraft" and "vertiports" into statute, creates new aviation-related penalties, and alters the hours of alcohol sale at Bradley International Airport.

The sections with a fiscal impact to the state or municipalities are explained below.

Section 19 expands the misdemeanor of operating an aircraft while under the influence of liquor or drugs to operating unmanned aircraft, which results in a potential cost to the Judicial Department for provision of supervision in the community and a potential revenue gain from fines.

On average, the marginal cost for supervision in the community is sHB5202 / File No.

322 24 sHB5202 File No.

322 less than $800 each year for adults and $1,000 each year for juveniles.

1 Since FY 14, there has only been one charge for a similar violation.

Few, if any, violations are expected to occur in the future.

The bill also creates various class A misdemeanors and infractions related to aircrafts and unmanned aircrafts , which results in a potential cost to the Judicial Department and a potential revenue gain from fines.

On average, the marginal cost for supervision in the community is less than $800 each year for adults and $1,000 each year for juveniles.

Section 26 results in a potential revenue gain to the state’s sales and alcoholic beverage taxes of less than $100,000 annually by amending the hours during which alcohol sales are allowed at Bradley International Airport.Anyrevenuegainintaxeswouldbeonlytotheextentthatthere is an increase in alcohol sales rather than a shift from currently allowed transactions for alcohol.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the number of violations.

1Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

2These include equipping an aircraft or unmanned aircraft with a weapon, operating an aircraft or unmanned aircraft too low over private property or over certain infrastructure, and projecting a laser at an aircraft or at the flight path of an aircraft.

sHB5202 / File No.

322 25 sHB5202 File No.

322 OLR Bill Analysis sHB 5202 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT AIRPORT AUTHORITY.

SUMMARY This bill defines “unmanned aircraft” (i.e., drones) and “vertiports” and incorporates these concepts into various existing aeronautics statutes.

In doing so, the bill generally subjects vertiports to the same regulatory framework as other air navigation facilities (e.g., airports, heliports, and restricted landing areas), including requirements for facility licensure and aircraft registration, among other things.

The bill also generally expands the authority of the Connecticut Airport Authority (CAA) executive director to cover unmanned aircraft and allows him to adopt procedures specifying where unmanned aircraft may take off and land and governing their operation, unless already prohibited or regulated by federal law (see BACKGROUND).

The bill applies certain existing statutes on investigations and reporting requirements for aircraft accidents and reckless operation to unmanned aircraft.

It also establishes several new unmanned aircraft restrictions,suchasprohibiting(1)equippingonewithadeadlyweapon and (2) operation in close proximity to a private premises or critical infrastructure facility.

Unrelatedly, the bill also (1) prohibits any person from intentionally projecting a laser on or at an aircraft or its flight path and makes violations a class A misdemeanor and (2) modifies the hours during which alcohol sales are allowed at Bradley Airport to daily from 4:00 a.m.

until 11:00 p.m.

Lastly, it makesnumerousminor,technical,andconforming changes.

sHB5202 / File No.

322 26 sHB5202 File No.

322 EFFECTIVE DATE:

July 1, 2024, except that the provisions on operating unmanned aircraft under the influence, CAA procedures for unmanned aircraft, unmanned aircraft restrictions, lasers, and alcohol sales at Bradley Airport are effective October 1, 2024.

VERTIPORT REGULATION Under the bill, vertiports are areas with defined dimensions, at ground-level or elevated on a structure, that are designated for vertical takeoff and landing (VTOL) of aircraft and may be restricted only for this purpose (i.e., similar to existing law’s definition of heliports, which are designed for helicopters rather than VTOL aircraft).

(In practice, no vertiports currently exist in the state.) Under existing law, an “air navigation facility” generally includes airports, heliports, and restricted landing areas.

The bill makes a vertiport an air navigation facility (§ 1) and makes various changes to incorporate them into the existing statutory framework for these and similar facilities.

It allows the CAA executive director to issue certificates of approval for proposed vertiports and license these facilities in the same way as under existing law for other air navigation facilities (§§ 4-6).

The bill applies numerous other statutory provisions generally applicable to air navigation facilities to vertiports, such as those related to complaints about landings or takeoffs by aircraft from unlicensed property (§ 9), CAA orders (§ 13), and airspace protection and runway clear zones (§§ 17 & 18).

The bill also extends other provisions on air navigation facilities to vertiports by doing the following:

1.

imposing existing law’s aircraft registration requirements on aircraft based or primarily used at a vertiport in the state (§§ 2 & 3);

2.

subjecting vertiport owners or operators to certain annual reporting requirements on information about aircraft based or primarily used at their facility (§ 7);

sHB5202 / File No.

322 27 sHB5202 File No.

322 3.

authorizing the CAA executive director to cooperate with the federal government and municipalities in undertaking certain vertiport-related projects that receive federal aid (§ 8);

and 4.

making it a class D felony to interfere or tamper with a vertiport or related equipment (punishable by up to five years in prison, a fine of up to $5,000, or both) (§ 14).

UNMANNED AIRCRAFT REGULATION Under the bill, an unmanned aircraft (i.e., a drone) is a powered aircraft that (1) uses aerodynamic forces to provide vertical lift, (2) is operated remotely by a pilot in command or is capable of autonomous flight, (3) does not carry a human operator, and (4) can be expendable or recoverable.

The bill specifies that unmanned aircraft are not considered aircraft under the aeronautics statutes.

CAA Authority to Regulate (§§ 10 & 20) Existing law generally gives CAA’s executive director broad authority to develop and promote aeronautics.

This includes the authority to, consistent with aeronautics laws, perform acts, issue and amend orders, make and amend regulations and procedures, and establish minimum standards that he determines are needed for protecting the (1) general public interest and safety and (2) safety of (a) people operating, using, or traveling in aircraft (including those receiving instruction) and (b) people and property on landor water.The bill expands this authority to include protecting people operating or using unmanned aircraft.

The bill authorizes CAA to adopt procedures (1) specifying where unmanned aircraft may take off and land, considering public health and safety, aesthetics, and the general welfare, and (2) governing the operation of unmanned aircraft, unless already prohibited or regulated by federal law.

It must do so in consultation with the Department of Transportation, representatives from the unmanned aircraft industry, and organizations representing municipalities and first responders.

Accident Investigations (§§ 11 & 12) sHB5202 / File No.

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322 Current law allows the CAA executive director to hold investigations, inquiries, and hearings about matters covered by aeronautics laws, aircraft accidents, or his orders and regulations.

The bill expands this authority to include “unmanned aircraft accidents.” Under the bill, an “unmanned aircraft accident” is an occurrence associated with unmanned aircraft operation that takes place between when it takes off and lands, in which (1) someone dies or is seriously injured due to direct contact with the unmanned aircraft (or anything attached to it) or its operation or (2) the unmanned aircraft incurs or causes substantial damage.

Existing law similarly defines an aircraft accident (i.e., one in which someone dies or is seriously injured due to being in or on the aircraft or direct contact with it, or the aircraft receives substantial damage).

Under current law, “substantial damage” is damage or structural failure that affects the aircraft’s structural strength, performance, or flight characteristics and would normally require major repair or replacement of the affected component.

The bill expands this to also include (1) damage or structural failure of this type to an unmanned aircraft and (2) any damage of more than $1,000 to any person’s property (this aligns with the threshold in the Uniform Aircraft Financial Responsibility Act).

Accident Reporting (§§ 11 & 15) Current law generally requires the pilot of a civil aircraft involved in an accident described above (or the operator if the pilot is incapacitated) to immediately notify the CAA executive director or police.

The bill applies this requirement to operators of unmanned aircraft involved in an accident (or anyone else that caused or authorized its operation if the operator is incapacitated).

Under current law, when an accident occurs that is subject to these provisions, a written report must be filed with the executive director within 14 days.

The bill specifies that this is the pilot’s or operator’s responsibility.

The bill expands current law’s definition of an operator (i.e., any person who causes or authorizes an aircraft’s operation, such as its owner, lessee, or bailee) to include unmanned sHB5202 / File No.

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322 aircraft operators.

Additionally, the bill expands to certain unmanned aircraft accidents current law’s written report requirement for aircraft accidents when the damage is not substantial (i.e., accidents not subject to the mandatory reporting requirement discussed above).

As under existing law, (1) these reports are required at the executive director’s request and (2) he may investigate the accidents if he deems it advisable, or instead accept a copy of the final report by a federal investigation agency.

Reckless Operation and Operating Under the Influence (§§ 16 & 19) The bill extends current law’s prohibitions on doing the following to include unmanned aircraft:

1.

operating any aircraft carelessly, recklessly, or in a way that endangers people or property, having regard to the proximity of weather and field conditions, territory flown over, and other aircraft (or unmanned aircraft under the bill);

and 2.

operating, or attempting to, any aircraft on the ground or in the air while under the influence of alcohol or drugs.

Violators are (1) subject to a fine of up to $250 for a first offense and (2)guilty ofa classDmisdemeanor for asubsequent offense (punishable by a fine of up to $250, up to 30 days in prison, or both) (CGS § 15-97).

ADDITIONAL UNMANNED AIRCRAFT RESTRICTIONS The bill also establishes several new restrictions on operating unmanned aircraft (and any aircraft in the case of the deadly weapons provision below).

Deadly Weapons (§§ 21 & 22) The bill prohibits any person from equipping an aircraft or unmanned aircraft with a deadly weapon, dangerous instrument, firearm, ammunition, explosive, or incendiary device.

However, it exempts those operated by a (1) U.S.

or state armed forces member sHB5202 / File No.

322 30 sHB5202 File No.

322 performing official duties or (2) police officer during rescue services or while providing emergency services to people in dangerous situations, when the aircraft or unmanned aircraft is equipped with a motorized breaching tool.

The bill makes a violation of this provision a class A misdemeanor, which is punishable by up to 364 days in prison, a fine of up to $2,000, or both.

Private Premises and Critical Infrastructure Facilities (§§ 21, 23 & 24) The bill prohibits any person from operating, or programming to operate, an unmanned aircraft at a height of less than 250 feet over (1) theboundariesofaprivate premiseswithouttheowner’sprior approval or (2) a “critical infrastructure facility” (or within 200 feet of one) (see below).

Additionally, it prohibits using an unmanned aircraft to surveil, gather evidence, or collect information relatedto a critical infrastructure facility without prior approval from the facility’s owner or administrator.

It exempts the following individuals while performing their official duties:

(1) employees of the federal government, the state, or its political subdivisions;

(2) public service company employees (e.g., electric distribution, gas, and telephone companies);

(3) members of the U.S.

or state armed forces;

and (4) firefighters and police officers.

This exemption also covers operating unmanned aircraft on behalf of these entities.

The bill also exempts people operating unmanned aircraft for commercial purposes in compliance with Federal Aviation Administration authorization (if doing so is necessary for these purposes).

The bill makes a violation of the (1) private premises provision an infraction (see BACKGROUND) and (2) critical infrastructure facility provisions a class A misdemeanor, which is punishable by up to 364 days in prison, a fine of up to $2,000, or both.

sHB5202 / File No.

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322 Critical Infrastructure Facility Defined.

Under the bill, a critical infrastructure facility is any of the following:

1.

an electrical generating facility, electric substation or switchyard, or electric control system;

2.

a facility for storing, receiving, or processing petroleum products and other fuels;

3.

a chemical or rubber manufacturing or storage facility;

4.

a correctional facility;

5.

a telecommunications central office or wireless telecommunications infrastructure;

6.

a commercial port, harbor, rail yard, truck terminal or other freight transportation facility;

7.

a gas manufacturing or distribution plant;

8.

a television or radio station transmission facility licensed by the Federal Communications Commission;

9.

an above-ground oil, gas, or chemical pipeline;

10.

a dam classified as a high or significant hazard by the energy and environmental protection commissioner;

11.

an air navigation facility;

12.

a military facility;

13.

a reservoir, water treatment plant, distribution system and pumping station or wastewater treatment plant, collection system and pump station;

14.

a government office building;

15.

a hospital;

or sHB5202 / File No.

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322 16.

a public safety facility, as long as the property is enclosed by a fence or another physical barrier or clearly marked with a sign indicating that entry is forbidden.

PROHIBITION OF PROJECTING A LASER AT AN AIRCRAFT (§ 25) The bill generally prohibits any person from intentionally projecting a laser on or at an aircraft or its flight path.

It makes violations a class A misdemeanor (punishable by up to 364 days in prison, a fine of up to $2,000, or both).

The bill exempts U.S.

or state armed forces members and police officers performing their official duties.

Under the bill, a laser is any device that (1) projects a beam or point of light by certain means or (2) emits light simulating the appearance of a laser.

ALCOHOL SALES AT BRADLEY AIRPORT (§ 26) The bill modifies the hours during which alcohol sales are allowed at Bradley Airport in premises operating under a cafe permit to every day after 4:00 a.m.

and until 11:00 p.m.

Current law generally allows sales beginning after 6:00 a.m.

and until (1) 1:00 a.m.

on Monday through Friday and (2) 2:00 a.m.

on the weekend (with certain holiday exceptions).

BACKGROUND Federal Guidance on State Regulation of Unmanned Aircraft In 2023, the Federal Aviation Administration (FAA) released an updated fact sheet to provide further guidance to states on the scope of federal authority over unmanned aircraft and more clearly delineate the aspects of their use that states may regulate and those which may be preempted (Updated Fact Sheet on State and Local Regulation of Unmanned Aircraft Systems, dated July 14, 2023).

According to the fact sheet, states may not regulate in the fields of aviation safety or airspace efficiency and laws attempting to do so are preempted.

However, states generally may regulate unmanned aircraft outside those fields, with certain exceptions (e.g., laws that conflict with sHB5202 / File No.

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322 FAA regulations or impair reasonable use of the airspace).

The fact sheet identifies several categories of state laws that would likely not be subject to preemption, including laws (1) on land use and zoning, privacy, harassment, trespassing, exercise of police powers, search and rescue, and taking photographs orvideos of certain facilities;

(2) regulating the location of takeoff and landing areas;

and (3) restricting unmanned aircraft operation near property, to the extent their operation substantially interferes with the property owner’s actual use and enjoyment of the property.

Infractions Infractions are punishable by fines, usually set by Superior Court judges, of between $35 and $90, plus a $20 or $35 surcharge and an additional fee based on the fine’s amount.

There may also be other applicable charges depending on the type of infraction.

For example, certain motor vehicle infractions trigger a Special Transportation Fund surcharge of 50% of the fine.

An infraction is not a crime and violators can generally pay the fine by mail without making a court appearance.

Related Bill sSB 3 (§ 4), reported favorably by the General Law Committee, generally prohibits a public entity from (1) purchasing a drone assembled or manufactured by a covered entity (e.g., China or Russia) beginning October 1, 2024, and (2) operating these drones beginning October 1, 2025.

COMMITTEE ACTION Transportation Committee Joint Favorable Substitute Yea 34 Nay 1 (03/20/2024) sHB5202 / File No.

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