Madam Chair and members of the Subcommittee:
My name is Rick Dwyer and I am the Executive Director of the Hampton Roads Military and Federal Facilities Alliance, an organization that supports the vast military and federal presence in our region. I am also a retired Air Force Lieutenant Colonel and served over 20 years on active duty.
Our organization and the communities of Hampton Roads collectively support 18 military installations, all six branches of the military services, 120,000 active duty, reserve and civilian personnel, over 125,000 military dependents, and nearly 220,000 veterans. In 2023, the Department of Defense spent over $68.5 billion in Virginia and directly employed over 247,000 people. Needless to say, supporting the military and our national defense is part of who we are in Hampton Roads and the Commonwealth.
I am here today to express our opposition to Senate Bill 1272 as it is currently written.
I want to stress we are not opposed to the intent of the bill of keeping unmanned aircraft systems away from correctional facilities, critical utility infrastructure, or military bases. However, as currently written the bill is likely to be preempted by federal law and the bill strikes the current code language in section A(ii) that prohibits taking off or landing in violation of FAA special security instructions or UAS Security Sensitive Airspace Restrictions. Our organization worked with the General Assembly in 2019 to have that language inserted into the code at the request of our military partners to prevent people from flying drones near military airfields. They were concerned with individuals flying drones near their runways and there was nothing a local law enforcement officer could do about it because they had no authority to enforce FAA regulations. After coordinating with FAA lawyers, the takeoff and land language was used because only the Federal Aviation Administration has the authority to regulate the airspace. If state and local governments attempt to regulate the airspace, their laws will be preempted by federal law. However, state and local governments have jurisdiction over what happens on the ground, hence the takeoff and land language in the current statute. Under the current statute, local and state law enforcement now have the authority to stop someone who causes a drone to takeoff or land in violation of FAA special security instructions and airspace restrictions around military airfields.
We respectfully request that the current code language at 18.2-121.3A.(ii) be restored. HB1726 as passed the House and SB757 as passed by both the House and Senate keep this current language in their bills.
Thank you.
Madam Chair and members of the Subcommittee: My name is Rick Dwyer and I am the Executive Director of the Hampton Roads Military and Federal Facilities Alliance, an organization that supports the vast military and federal presence in our region. I am also a retired Air Force Lieutenant Colonel and served over 20 years on active duty. Our organization and the communities of Hampton Roads collectively support 18 military installations, all six branches of the military services, 120,000 active duty, reserve and civilian personnel, over 125,000 military dependents, and nearly 220,000 veterans. In 2023, the Department of Defense spent over $68.5 billion in Virginia and directly employed over 247,000 people. Needless to say, supporting the military and our national defense is part of who we are in Hampton Roads and the Commonwealth. I am here today to express our opposition to Senate Bill 1272 as it is currently written. I want to stress we are not opposed to the intent of the bill of keeping unmanned aircraft systems away from correctional facilities, critical utility infrastructure, or military bases. However, as currently written the bill is likely to be preempted by federal law and the bill strikes the current code language in section A(ii) that prohibits taking off or landing in violation of FAA special security instructions or UAS Security Sensitive Airspace Restrictions. Our organization worked with the General Assembly in 2019 to have that language inserted into the code at the request of our military partners to prevent people from flying drones near military airfields. They were concerned with individuals flying drones near their runways and there was nothing a local law enforcement officer could do about it because they had no authority to enforce FAA regulations. After coordinating with FAA lawyers, the takeoff and land language was used because only the Federal Aviation Administration has the authority to regulate the airspace. If state and local governments attempt to regulate the airspace, their laws will be preempted by federal law. However, state and local governments have jurisdiction over what happens on the ground, hence the takeoff and land language in the current statute. Under the current statute, local and state law enforcement now have the authority to stop someone who causes a drone to takeoff or land in violation of FAA special security instructions and airspace restrictions around military airfields. We respectfully request that the current code language at 18.2-121.3A.(ii) be restored. HB1726 as passed the House and SB757 as passed by both the House and Senate keep this current language in their bills. Thank you.