The Arizona Senate has introduced new legislation creating a comprehensive state policy on drone use that would preempt cities from enacting their own regulations. While the bill is likely to see major changes before becoming law, the current version would leave local governments in Arizona powerless to enact rules relating to drones. Senate Bill 1449 aims to ensure that companies that want to use drones commercially are not hampered by patchwork regulations in different cities. Arizona’s actions come in the wake of the FAA clarifying the scope of its authority over drones, preempting much state and local regulation, but leaving some room for regulation at all levels.
This bill exemplifies the ever-shifting regulatory framework surrounding drones. With the law unsettled at the federal and state level, local governments risk preemption if they move to enact regulations of their own. Beyond that, Arizona serves as an example that local regulations can potentially trigger actions at the state level to preempt local authority. While there is currently room at both the state and local level for drone regulations, local governments should think carefully about the concerns they are addressing and work to create regulations that serve their interests, but remain within the scope of their authority.
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