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Senate approves second substitute to HB 126, tightening drone restrictions near wildfires and adding preemption language
Summary
Lawmakers approved a substituted HB 126 that bars flying drones within three miles of fires without coordination with the incident commander and adds state preemption language intended to align state law with FAA rules; some senators voiced concern about local authority and rapid response for no‑fly coordination.
The Utah Senate passed a second substitute to House Bill 126, a measure that makes it illegal to operate an unmanned aircraft within a three‑mile radius of a fire without coordinating with the incident commander and increases penalties in cases of interference. The substitute also adds language intended to preempt conflicting local ordinances and to make the statute compatible with Federal Aviation Administration (FAA) rules.
The sponsor framed the bill as a targeted safety measure prompted by past wildfire responses in which bystander drones interfered with firefighting aircraft. "This bill ... would make it illegal to fly ... within 3 miles around a fire without coordination with the incident commander," the sponsor said during floor debate, and explained that penalties would range with severity from class B misdemeanor up to reckless‑flying charges.
An amendment was made public on the floor to add lines clarifying preemption of conflicting local measures and to better align the state language with FAA jurisdiction. One senator urged caution about removing local authority: "My concerns are ... if I'm out in the Book Cliffs and I have a fire burning and all of a sudden all my bombers have to flag off ... we're not being able to draw it," the senator said, asking whether local officials would be hindered by relying on FAA action.
The amendment sponsor said the change was designed to keep Utah's law compatible with FAA rules and narrowly tailored to areas where the FAA already implements temporary flight restrictions. After discussion the Senate adopted the substitute language and passed the bill on a roll-call vote.
The bill will be transmitted to the House for further consideration or concurrence, and the sponsor said the intention is to streamline incident coordination while preventing interference with emergency aircraft.
Provenance: HB 126 debate and amendment discussion appear beginning at SEG 1272 through SEG 1446 (substitute motion and roll call).
