Georgia 2025-2026 Regular Session

Georgia House Bill HB205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 39 4610S
2		-	House Bill 205 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Clark of the 100
4		-	th
5		-	, Gaines of the 120
6		-	th
7		-	, Jones of the 25
8		-	th
9		-	, Crowe of the
10		-	118
11		-	th
12		-	, Greene of the 154
13		-	th
14		-	, and others
15		-
	2	+	The House Committee on Public Safety and Homeland Security offers the following
	3	+	substitute to HB 205:
16	4		A BILL TO BE ENTITLED
17	5		AN ACT
18		-	To amend Chapter 1 of Title 6 and Article 2 of Chapter 3 of Title 38 of the Official Code of
19		-	1
	6	+	To amend Chapter 1 of Title 6 and Article 2 of Chapter 3 of Title 38 of the Official Code of1
20	7		Georgia Annotated, relating to general provisions relative to aviation and organization and2
21	8		administration of emergency management, respectively, so as to provide for the development3
22	9		of a list of approved unmanned aircraft systems for use in this state by the Georgia4
23	10		Emergency Management and Homeland Security Agency; to provide for definitions; to5
24	11		provide for standards for the development of such list; to authorize local ordinances relating6
25	12		to unmanned aircraft systems on such list in certain instances; to authorize the operation of7
26	13		unmanned aircraft systems in this state on such approved list in or on public property; to8
27	14		encourage the purchase of unmanned aircraft systems from such approved list and prohibit9
28	15		the purchase of unmanned aircraft systems not on such approved list by state agencies or10
29	16		local governments after a certain date; to exempt records relating to the development of an11
30	17		approved unmanned aircraft system list from open records requirements; to provide for12
31	18		related matters; to repeal conflicting laws; and for other purposes.13
32	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
33	20		H. B. 205 (SUB)
34	21		- 1 - 25 LC 39 4610S
35		-	SECTION 1.
36		-	15
	22	+	SECTION 1.15
37	23		Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions16
38	24		relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft17
39	25		system defined, preemption for unmanned aircraft systems, and operations, as follows:18
40	26		"6-1-4.19
41		-	(a)(1)
42		-	As used in this Code section, the term:20
	27	+	(a)(1) As used in this Code section, the term:20
43	28		(1) 'Approved unmanned aircraft system' means an unmanned aircraft system approved21
44	29		by the Georgia Emergency Management and Homeland Security Agency pursuant to22
45	30		Code Section 38-3-39.23
46	31		(2) 'Unmanned 'unmanned aircraft system' means a powered, aerial vehicle that is not a24
47	32		satellite and that:25
48	33		(A) Does not carry a human operator and is operated without the possibility of direct26
49	34		human intervention from within or on the aircraft;27
50	35		(B) Uses aerodynamic forces to provide vehicle lift;28
51	36		(C) Can fly autonomously or be piloted remotely; and29
52	37		(D) Can be expendable or recoverable.30
53	38		(2) Such term shall not include a satellite.31
54	39		(b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other32
55	40		political subdivision of this state regulating the testing or operation of unmanned aircraft33
56	41		systems shall be deemed preempted and shall be null, void, and of no force and effect;34
57	42		provided, however, that a county, municipality, or other political subdivision of this state35
58	43		may:36
59	44		(1) Enforce any ordinance that was adopted on or before April 1, 2017;37
60	45		(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or38
61	46		(3) Adopt an ordinance that provides for or prohibits the launch or intentional landing39
62	47		of an unmanned aircraft system from or on its public property except with respect to the40
63	48		operation of an unmanned aircraft system for commercial purposes; or41
64	49		H. B. 205 (SUB)
65	50		- 2 - 25 LC 39 4610S
66	51		(4) Adopt an ordinance that provides for the launch or intentional landing of an approved42
67	52		unmanned aircraft system from or on its public property.43
68	53		(c) The state, through agency or departmental rules and regulations, may provide for or44
69	54		prohibit the launch or intentional landing of an unmanned aircraft system from or on its45
70	55		public property. The state, through agency or departmental rules and regulations, may46
71	56		provide for the launch or intentional landing of an approved unmanned aircraft system from47
72	57		or on its public property.48
73	58		(d) To the extent practicable, a state agency or county, municipality, or other political49
74	59		subdivision of this state shall purchase or acquire only approved unmanned aircraft50
75	60		systems; provided, however, that, on and after January 1, 2028, no state agency or county,51
76	61		municipality, or other political subdivision of this state shall purchase or acquire an52
77	62		unmanned aircraft system that is not an approved unmanned aircraft system."53
78	63		SECTION 2.54
79	64		Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to55
80	65		organization and administration of emergency management, is amended by adding a new56
81	66		Code section to read as follows:57
82	67		"38-3-39.58
83	68		(a) As used in this Code section, the term 'unmanned aircraft system' shall have the same59
84	69		meaning as set forth in Code Section 6-1-4.60
85	70		(b) No later than December 1, 2025, the Georgia Emergency Management and Homeland61
86	71		Security Agency shall develop a list of unmanned aircraft systems approved for use within62
87	72		this state. Such list shall be developed in coordination with the Department of63
88	73		Administrative Services, be developed after consultation with experts in the field of data64
89	74		collection and privacy, and include unmanned aircraft systems determined by the Georgia65
90	75		Emergency Management and Homeland Security Agency to:66
91	76		(1) Be compliant with Federal Aviation Administration standards;67
92	77		H. B. 205 (SUB)
93	78		- 3 - 25 LC 39 4610S
94	79		(2) Have been cleared for use by the United States Department of Defense;68
95	80		(3) Be compliant with requirements of the federal National Defense Authorization Act69
96	81		of 2024, P.L. 118-31;70
97	82		(4) Be designed in a manner that prevents the transmission of data to unauthorized71
98	83		persons or entities under normal operating conditions; and72
99	84		(5) Present no threat to the security of this state.73
100	85		(c) The list developed pursuant to this Code section shall be published upon the Georgia74
101	86		Emergency Management and Homeland Security Agency public website.75
102	87		(d) The Georgia Emergency Management and Homeland Security Agency shall review76
103	88		and update the list compiled pursuant to this Code section every six months. Any records77
104	89		of the Georgia Emergency Management and Homeland Security Agency relative to the78
105	90		development of such list shall be exempt from Article 4 of Chapter 18 of Title 50, relating79
106	91		to open records."80
107	92		SECTION 3.81
108	93		All laws and parts of laws in conflict with this Act are repealed.82
109	94		H. B. 205 (SUB)
110	95		- 4 -