Assemblyman Mike Gatto (D-Glendale) and Senator Ted Gaines (R-El Dorado) announced plans to introduce legislation that is aimed at protecting forests, property and the lives of citizens and firefighters. Senate Bill 167 would make it a state crime to fly a drone over a wildfire.

“I’m pleased to join with Senator Gaines to introduce legislation that will punish criminals who ignore the safety of our emergency response professionals and the people they are trying to protect,” Gatto said. “There can be no patience with persons or groups who would risk others’ lives in this way.”

Gaines and Gatto are responding to reports indicating that private drones operating over wildfires have interfered with reconnaissance aircraft or tanker aircraft dedicated to containing blazes. The planes were forced to reroute or land, in some cases having to discharge their critical, flame-retardant loads in areas not affected by fire and wasting materiel. Forest Service officials have also voiced concerns that drones could interfere with the deployment and safety of the “smokejumper” crews who parachute into remote wildfire areas.

“Hundreds of families in my district alone have lost homes to wildfires. One tanker drop could literally be the difference between life and death or a tract of homes going up in flames. To think that someone would interfere with firefighting efforts to get a sneak peek at the fire or to post a drone video on YouTube is an outrage that is deserving of punishment and condemnation,” Gaines said.

Currently, the Federal Aviation Administration typically issues temporary flight restriction over disaster or hazard areas, to protect people and property on the ground, protect the operation of disaster relief aircraft, and to prevent unsafe congestion of sightseeing or other aircraft above the disaster site. There is no state penalty for violating these federal restrictions. California law dictates that it is a misdemeanor to interfere with the lawful efforts of a firefighter or company to extinguish a fire, punishable by a fine of up to $1,000. SB 167 will charge offenders a higher penalty for the violation and will also consider adding incarceration as a penalty when the offense involves unauthorized drone use.

Gaines believes drones hold great promise for wildfire suppression when used properly by the agencies tasked with extinguishing the blazes. He supports the implementation of new technologies in construction materials, communications, surveillance and other advances to keep Californians safe from fire.