Arizona 2025 Regular Session

Arizona Senate Bill SB1708 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: unmanned aircraft; critical infrastructure; prohibition State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1708 Introduced by Senator Gowan An Act Amending title 41, chapter 41, article 2, Arizona Revised Statutes, by adding section 41-4274; relating to critical infrastructure. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: unmanned aircraft; critical infrastructure; prohibition
10	10	State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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14	14	REFERENCE TITLE: unmanned aircraft; critical infrastructure; prohibition
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64	64	An Act
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68	68	Amending title 41, chapter 41, article 2, Arizona Revised Statutes, by adding section 41-4274; relating to critical infrastructure.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 41, article 2, Arizona Revised Statutes, is amended by adding section 41-4274, to read: START_STATUTE41-4274. State agencies; unmanned aircrafts; prohibited use; exception; applicability; definitions A. Except as provided in subsection B of this section, Beginning December 31, 2028, this state, an agency of this state, an independent contractor of an agency of this state or a person in this state may not use or operate any unmanned aircraft that is manufactured or assembled by a covered foreign entity for the purpose of collecting data concerning any restricted critical infrastructure in this state. B. This state, an AGENCY OF THIS STATE, AN INDEPENDENT CONTRACTOR OF AN AGENCY OF THIS STATE OR A PERSON IN THIS STATE MAY USE OR OPERATE AN UNMANNED AIRCRAFT THAT IS MANUFACTURED OR ASSEMBLED BY A COVERED FOREIGN ENTITY if the unmanned aircraft uses one of the following to prevent the extraction of intelligence data from the unmanned aircraft by a covered foreign entity: 1. United states security software that is compliant with the security standards of the national institute of standards and technology. 2. A secure firewall, boundary PROTECTION software communications technology or equivalent TECHNOLOGY. C. An independent third party shall annually verify that the secure firewall, boundary protection software communications technology or equivalent technology pursuant to subsection B of this section follows all applicable security standards established by the department of public safety and the Arizona department of homeland security. D. The Arizona department OF homeland security and the department of public safety shall designate critical INFRASTRUCTURE in this state as RESTRICTED on a site-specific basis and may only designate restricted critical INFRASTRUCTURE by category or type of facility or installation as reasonably necessary. In determining the designation of restricted critical INFRASTRUCTURE in this state, the ARIZONA DEPARTMENT OF HOMELAND SECURITY AND THE DEPARTMENT OF PUBLIC SAFETY shall consider all of the following: 1. the sensitivity of data concerning installations and facilities that are reasonably accessible by Unmanned Aircraft mounted cameras and other sensors. 2. the availability of similar data from sources other than Unmanned Aircrafts, such as satellites equipped with terrestrial data collection systems. 3. the efficacy, cost and availability of Unmanned Aircraft models that are produced by Foreign Entities that are not covered foreign entities and that counter Unmanned Aircrafts. E. This section does not apply to the Arizona department of homeland security, THE DEPARTMENT OF PUBLIC SAFETY, A MUNICIPAL law enforcement AGENCY OR A COUNTY SHERIFF'S DEPARTMENT. F. For the purposes of this section: 1. "Covered foreign entity" means a country that is determined to be a covered foreign entity pursuant to Section 1822 of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31; 137 stat. 691). 2. "Critical INFRASTRUCTURE" MEANS any of the following: (a) GAS AND OIL PRODUCTION, STORAGE OR DELIVERY SYSTEMS. (b) WATER SUPPLY REFINEMENT, STORAGE OR DELIVERY SYSTEMS. (c) ELECTRICAL POWER DELIVERY SYSTEMS. (d) TELECOMMUNICATIONS NETWORKS. (e) TRANSPORTATION SYSTEMS AND SERVICES. 3. "Restricted critical iNFRASTRUCTURE" means Critical Infrastructure located in this state that has been designated as restricted by the Arizona department of homeland security and the department of public safety, in consultation with any relevant state and federal agencies and standards. 4. "Unmanned aircraft" means an aircraft that is operated without human intervention from within or on the aircraft. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 41, chapter 41, article 2, Arizona Revised Statutes, is amended by adding section 41-4274, to read:
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84	84	START_STATUTE41-4274. State agencies; unmanned aircrafts; prohibited use; exception; applicability; definitions
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86	86	A. Except as provided in subsection B of this section, Beginning December 31, 2028, this state, an agency of this state, an independent contractor of an agency of this state or a person in this state may not use or operate any unmanned aircraft that is manufactured or assembled by a covered foreign entity for the purpose of collecting data concerning any restricted critical infrastructure in this state.
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88	88	B. This state, an AGENCY OF THIS STATE, AN INDEPENDENT CONTRACTOR OF AN AGENCY OF THIS STATE OR A PERSON IN THIS STATE MAY USE OR OPERATE AN UNMANNED AIRCRAFT THAT IS MANUFACTURED OR ASSEMBLED BY A COVERED FOREIGN ENTITY if the unmanned aircraft uses one of the following to prevent the extraction of intelligence data from the unmanned aircraft by a covered foreign entity:
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90	90	1. United states security software that is compliant with the security standards of the national institute of standards and technology.
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92	92	2. A secure firewall, boundary PROTECTION software communications technology or equivalent TECHNOLOGY.
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94	94	C. An independent third party shall annually verify that the secure firewall, boundary protection software communications technology or equivalent technology pursuant to subsection B of this section follows all applicable security standards established by the department of public safety and the Arizona department of homeland security.
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96	96	D. The Arizona department OF homeland security and the department of public safety shall designate critical INFRASTRUCTURE in this state as RESTRICTED on a site-specific basis and may only designate restricted critical INFRASTRUCTURE by category or type of facility or installation as reasonably necessary. In determining the designation of restricted critical INFRASTRUCTURE in this state, the ARIZONA DEPARTMENT OF HOMELAND SECURITY AND THE DEPARTMENT OF PUBLIC SAFETY shall consider all of the following:
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98	98	1. the sensitivity of data concerning installations and facilities that are reasonably accessible by Unmanned Aircraft mounted cameras and other sensors.
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100	100	2. the availability of similar data from sources other than Unmanned Aircrafts, such as satellites equipped with terrestrial data collection systems.
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102	102	3. the efficacy, cost and availability of Unmanned Aircraft models that are produced by Foreign Entities that are not covered foreign entities and that counter Unmanned Aircrafts.
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104	104	E. This section does not apply to the Arizona department of homeland security, THE DEPARTMENT OF PUBLIC SAFETY, A MUNICIPAL law enforcement AGENCY OR A COUNTY SHERIFF'S DEPARTMENT.
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106	106	F. For the purposes of this section:
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108	108	1. "Covered foreign entity" means a country that is determined to be a covered foreign entity pursuant to Section 1822 of the National Defense Authorization Act for Fiscal Year 2024 (P.L. 118-31; 137 stat. 691).
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110	110	2. "Critical INFRASTRUCTURE" MEANS any of the following:
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112	112	(a) GAS AND OIL PRODUCTION, STORAGE OR DELIVERY SYSTEMS.
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114	114	(b) WATER SUPPLY REFINEMENT, STORAGE OR DELIVERY SYSTEMS.
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116	116	(c) ELECTRICAL POWER DELIVERY SYSTEMS.
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118	118	(d) TELECOMMUNICATIONS NETWORKS.
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120	120	(e) TRANSPORTATION SYSTEMS AND SERVICES.
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122	122	3. "Restricted critical iNFRASTRUCTURE" means Critical Infrastructure located in this state that has been designated as restricted by the Arizona department of homeland security and the department of public safety, in consultation with any relevant state and federal agencies and standards.
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124	124	4. "Unmanned aircraft" means an aircraft that is operated without human intervention from within or on the aircraft. END_STATUTE