Bill Summary – FastDemocracy

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                      ADVANCED AIR MOBILITY AMENDMENTS
                                      2023 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: Wayne A. Harper
                             House Sponsor: Kay J. Christofferson
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 LONG TITLE
 General Description:
        This bill amends and enacts provisions related to advanced air mobility systems.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < renumbers and amends provisions related to unmanned aircraft systems and
 organizes those provisions with code related to the Division of Aeronautics;
        < amends the powers of the Division of Aeronautics to include oversight of vertiports
 and other topics related to advanced air mobility systems;
        < requires registration of unmanned aircraft systems and advanced air mobility
 systems;
        < grants rulemaking authority to the Department of Transportation to make rules
 related to registration fees and registration requirements for unmanned aircraft
 systems and advanced air mobility systems;
        < enacts and amends provisions related to preemption of local ordinances and
 business licensing of advanced air mobility business; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
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 Utah Code Sections Affected:
 AMENDS:
        72-10-102, as last amended by Laws of Utah 2019, Chapters 431, 479
        72-10-103, as last amended by Laws of Utah 2019, Chapter 431
        72-10-109, as last amended by Laws of Utah 2018, Chapter 436
        72-10-110, as last amended by Laws of Utah 2018, Chapter 436
        76-2-106, as enacted by Laws of Utah 2022, Chapter 93
        76-9-308, as last amended by Laws of Utah 2022, Chapter 99
 ENACTS:
        72-10-1001, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        72-10-701, (Renumbered from 72-14-103, as last amended by Laws of Utah 2022,
 Chapter 99)
        72-10-702, (Renumbered from 72-14-104, as enacted by Laws of Utah 2017, Chapter
 364)
        72-10-801, (Renumbered from 72-14-202, as enacted by Laws of Utah 2017, Chapter
 364)
        72-10-802, (Renumbered from 72-14-203, as last amended by Laws of Utah 2022,
 Chapter 64)
        72-10-803, (Renumbered from 72-14-204, as renumbered and amended by Laws of
 Utah 2017, Chapter 364)
        72-10-804, (Renumbered from 72-14-205, as enacted by Laws of Utah 2017, Chapter
 364)
        72-10-901, (Renumbered from 72-14-302, as enacted by Laws of Utah 2017, Chapter
 364)
        72-10-902, (Renumbered from 72-14-303, as enacted by Laws of Utah 2017, Chapter
 364)
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        72-10-903, (Renumbered from 72-14-304, as enacted by Laws of Utah 2018, Chapter
 40)
        72-10-1002, (Renumbered from 72-14-403, as enacted by Laws of Utah 2017, Chapter
 364)
 REPEALS:
        72-14-101, as renumbered and amended by Laws of Utah 2017, Chapter 364
        72-14-102, as last amended by Laws of Utah 2022, Chapter 99
        72-14-201, as enacted by Laws of Utah 2017, Chapter 364
        72-14-301, as enacted by Laws of Utah 2017, Chapter 364
        72-14-401, as enacted by Laws of Utah 2017, Chapter 364
        72-14-402, as enacted by Laws of Utah 2017, Chapter 364
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 72-10-102 is amended to read:
        72-10-102. Definitions.
        As used in this chapter:
        (1) "Acrobatics" means the intentional maneuvers of an aircraft not necessary to air
 navigation.
        (2) (a) "Advanced air mobility system" means a system that transports individuals and
 property using piloted and unpiloted aircraft, including electric aircraft and electric vertical
 takeoff and landing aircraft, in controlled or uncontrolled airspace.
        (b) "Advanced air mobility system" includes each component of a system described in
 Subsection (2)(a), including:
        (i) the aircraft, including payload;
        (ii) communications equipment;
        (iii) navigation equipment;
        (iv) controllers;
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         (v) support equipment; and
         (vi) remote and autonomous functions.
         (3) "Aerial transit corridor" means an airspace volume defining a three-dimensional
 route segment with performance requirements to operate within or to cross where tactical air
 traffic control separation services are not provided.
         [(2)] (4) "Aeronautics" means transportation by aircraft, air instruction, the operation,
 repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports,
 or other air navigation facilities.
         [(3)] (5) "Aeronautics instructor" means any individual engaged in giving or offering to
 give instruction in aeronautics, flying, or ground subjects, either with or without:
         (a) compensation or other reward;
         (b) advertising the occupation;
         (c) calling his facilities an air school, or any equivalent term; or
         (d) employing or using other instructors.
         [(4)] (6) "Aircraft" means any contrivance now known or in the future invented, used,
 or designed for navigation of or flight in the air.
         [(5)] (7) "Air instruction" means the imparting of aeronautical information by any
 aviation instructor or in any air school or flying club.
         [(6)] (8) "Airport" means any area of land, water, or both, that:
         (a) is used or is made available for landing and takeoff;
         (b) provides facilities for the shelter, supply, and repair of aircraft, and handling of
 passengers and cargo;
         (c) meets the minimum requirements established by the department as to size and
 design, surface, marking, equipment, and operation; and
         (d) includes all areas shown as part of the airport in the current airport layout plan as
 approved by the Federal Aviation Administration.
         [(7)] (9) "Airport authority" means a political subdivision of the state, other than a
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 county or municipality, that is authorized by statute to operate an airport.
        [(8)] (10) "Airport operator" means a municipality, county, or airport authority that
 owns or operates a commercial airport.
        [(9)] (11) (a) "Airport revenue" means:
        (i) all fees, charges, rents, or other payments received by or accruing to an airport
 operator for any of the following reasons:
        (A) revenue from air carriers, tenants, lessees, purchasers of airport properties, airport
 permittees making use of airport property and services, and other parties;
        (B) revenue received from the activities of others or the transfer of rights to others
 relating to the airport, including revenue received:
        (I) for the right to conduct an activity on the airport or to use or occupy airport
 property;
        (II) for the sale, transfer, or disposition of airport real or personal property, or any
 interest in that property, including transfer through a condemnation proceeding;
        (III) for the sale of, or the sale or lease of rights in, mineral, natural, or agricultural
 products or water owned by the airport operator to be taken from the airport; and
        (IV) for the right to conduct an activity on, or for the use or disposition of, real or
 personal property or any interest in real or personal property owned or controlled by the airport
 operator and used for an airport-related purpose but not located on the airport; or
        (C) revenue received from activities conducted by the airport operator whether on or
 off the airport, which is directly connected to the airport operator's ownership or operation of
 the airport; and
        (ii) state and local taxes on aviation fuel.
        (b) "Airport revenue" does not include amounts received by an airport operator as
 passenger facility fees pursuant to 49 U.S.C. Sec. 40117.
        [(10)] (12) "Air school" means any person engaged in giving, offering to give, or
 advertising, representing, or holding himself out as giving, with or without compensation or
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 other reward, instruction in aeronautics, flying, or ground subjects, or in more than one of these
 subjects.
        [(11)] (13) "Airworthiness" means conformity with requirements prescribed by the
 Federal Aviation Administration regarding the structure or functioning of aircraft, engine,
 parts, or accessories.
        [(12)] (14) "Civil aircraft" means any aircraft other than a public aircraft.
        [(13)] (15) "Commercial aircraft" means aircraft used for commercial purposes.
        [(14)] (16) "Commercial airport" means a landing area, landing strip, or airport that
 may be used for commercial operations.
        [(15)] (17) "Commercial flight operator" means a person who conducts commercial
 operations.
        [(16)] (18) "Commercial operations" means:
        (a) any operations of an aircraft for compensation or hire or any services performed
 incidental to the operation of any aircraft for which a fee is charged or compensation is
 received, including the servicing, maintaining, and repairing of aircraft, the rental or charter of
 aircraft, the operation of flight or ground schools, the operation of aircraft for the application or
 distribution of chemicals or other substances, and the operation of aircraft for hunting and
 fishing; or
        (b) the brokering or selling of any of these services; but
        (c) does not include any operations of aircraft as common carriers certificated by the
 federal government or the services incidental to those operations.
        (19) "Correctional facility" means the same as that term is defined in Section
 77-16b-102.
        [(17)] (20) "Dealer" means any person who is actively engaged in the business of flying
 for demonstration purposes, or selling or exchanging aircraft, and who has an established place
 of business.
        [(18)] (21) "Experimental aircraft" means:
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         (a) any aircraft designated by the Federal Aviation Administration or the military as
 experimental and used solely for the purpose of experiments, or tests regarding the structure or
 functioning of aircraft, engines, or their accessories; and
         (b) any aircraft designated by the Federal Aviation Administration as:
         (i) being custom or amateur built; and
         (ii) used for recreational, educational, or display purposes.
         [(19)] (22) "Flight" means any kind of locomotion by aircraft while in the air.
         [(20)] (23) "Flying club" means five or more persons who for neither profit nor reward
 own, lease, or use one or more aircraft for the purpose of instruction, pleasure, or both.
         [(21)] (24) "Glider" means an aircraft heavier than air, similar to an airplane, but
 without a power plant.
         [(22)] (25) "Mechanic" means a person who constructs, repairs, adjusts, inspects, or
 overhauls aircraft, engines, or accessories.
         [(23)] (26) "Parachute jumper" means any person who has passed the required test for
 jumping with a parachute from an aircraft, and has passed an examination showing that he
 possesses the required physical and mental qualifications for the jumping.
         [(24)] (27) "Parachute rigger" means any person who has passed the required test for
 packing, repairing, and maintaining parachutes.
         [(25)] (28) "Passenger aircraft" means aircraft used for transporting persons, in
 addition to the pilot or crew, with or without their necessary personal belongings.
         [(26)] (29) "Person" means any individual, corporation, limited liability company, or
 association of individuals.
         [(27)] (30) "Pilot" means any person who operates the controls of an aircraft while
 in-flight.
         [(28)] (31) "Primary glider" means any glider that has a gliding angle of less than 10 to
 one.
         [(29)] (32) "Public aircraft" means an aircraft used exclusively in the service of any
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 government or of any political subdivision, including the government of the United States, of
 the District of Columbia, and of any state, territory, or insular possession of the United States,
 but not including any government-owned aircraft engaged in carrying persons or goods for
 commercial purposes.
           [(30)] (33) "Reckless flying" means the operation or piloting of any aircraft recklessly,
 or in a manner as to endanger the property, life, or body of any person, due regard being given
 to the prevailing weather conditions, field conditions, and to the territory being flown over.
           [(31)] (34) "Registration number" means the number assigned by the Federal Aviation
 Administration to any aircraft, whether or not the number includes a letter or letters.
           [(32)] (35) "Secondary glider" means any glider that has a gliding angle between 10 to
 one and 16 to one, inclusive.
           [(33)] (36) "Soaring glider" means any glider that has a gliding angle of more than 16
 to one.
           (37) "Unmanned aircraft" means an aircraft that is:
           (a) capable of sustaining flight; and
           (b) operated with no possible direct human intervention from on or within the aircraft.
           (38) "Unmanned aircraft system" means the entire system used to operate an unmanned
 aircraft, including:
           (a) the unmanned aircraft, including payload;
           (b) communications equipment;
           (c) navigation equipment;
           (d) controllers;
           (e) support equipment; and
           (f) autopilot functionality.
           (39) "Unmanned aircraft system traffic management" means a traffic management
 ecosystem for uncontrolled operations, including unmanned aircraft systems, that is separate
 from, but complementary to, the Federal Aviation Administration's air traffic management
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 system.
           (40) "Vertiport" means an area of land, or a structure, used or intended to be used for
 electric, hydrogen, and hybrid vertical aircraft landings and takeoffs, including associated
 buildings and facilities.
           Section 2. Section 72-10-103 is amended to read:
           72-10-103. Rulemaking requirement.
           (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 department shall make rules:
           (a) governing the establishment, location, and use of air navigation facilities;
           (b) regulating the use, licensing, and supervision of all airports and vertiports in this
 state;
           (c) establishing minimum standards with which all air navigation facilities, flying
 clubs, aircraft, gliders, pilots, and airports must comply; and
           (d) safeguarding from accident and protecting the safety of persons operating or using
 aircraft and persons and property on the ground.
           (2) The rules may:
           (a) require that any device or accessory that forms part of any aircraft or its equipment
 be certified as complying with this chapter;
           (b) limit the use of any device or accessory as necessary for safety; and
           (c) develop and promote aeronautics within this state.
           (3) (a) To avoid the danger of accident incident to confusion arising from conflicting
 rules governing aeronautics, the rules shall conform as nearly as possible with federal
 legislation, rules, regulations, and orders on aeronautics.
           (b) The rules may not be inconsistent with paramount federal legislation, rules,
 regulations, and orders on the subject.
           (4) The department may not require any pilot, aircraft, or mechanic who has procured a
 license under the Civil Aeronautics Authority of the United States to obtain a license from this
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