On March 3rd, Utah and Wyoming adjourned for the 2023 legislative session. Both states were active in proposing uncrewed aircraft system (UAS) and advanced air mobility (AAM) policy. However, while Utah introduced and passed more measures than Wyoming, several of them contained language unfavorable towards industry. Conversely, while Wyoming introduced some unfavorable language, the legislature’s willingness to engage with industry enabled the state to amend language and conclude the session with a less restrictive regulatory environment.  
 

Considering proposed legislation and willingness to engage with industry, Wyoming’s 2023 legislation session was Satisfactory, while Utah’s was Unsatisfactory. Below is a full breakdown of each. 
 

End of Session Report: Wyoming 

At the end of the 2022 legislative session, and because of legislation introduced during that session and the garnered interest, the Joint Judiciary Interim Committee was ordered to study issues regarding trespassing by drones and for hunting purposes. The three drone measures introduced for the 2023 legislative session were a direct result of that committee's work.  
 

Legislation  
 

Measures that Need Improvement: 

• SF 32 Prohibiting Drones Over Penal Institutions: This measure states that no person may intentionally trespass over, in, or on the grounds of a penal institution with an UAS to photograph, surveil, or broadcast the facility, or to convey or deliver contraband or a deadly weapon. This measure was signed by the Governor and is law. The measure is overly restrictive, prohibiting not just flight in or on the grounds, but over as well. It is also redundant, as Wyoming already has Statute that prohibits the delivery of contraband.  

• SF 34 Trespass by Small Unmanned Aircraft: This measure makes it trespass by a sUAS if the aircraft enters into the immediate reaches of the airspace over the private property of a landowner and the entry substantially interferes with the enjoyment of the land. This measure passed the Senate but died in the House Committee. The measure is not specific enough, leaving room for broad interpretation, prohibiting flight over property, and hindering commercial drone operations.  

Satisfactory Measures: 

• SF 33 Defining Aircraft for Purposes of Hunting Prohibitions: This measure expands the definition of “aircraft” to include unmanned aerial vehicles in relation to the prohibition on the use of aircraft to aid in the taking of wildlife. This measure was signed by the Governor and is law. This measure is not specific to drones, applying existing code to UAS instead of creating new and onerous regulations. 

Willingness to Engage: Satisfactory 

Wyoming has consistently shown a willingness to engage with interested parties. The interim committee, that the above measures came out of, was a direct result of the large stakeholder interest in the issue of aerial trespass. Instead of rushing legislation, Wyoming chose to hold multiple meetings with input from stakeholders and landowners to develop thoughtful and workshopped policy.  

Openness to Industry: Satisfactory 

As the measures progressed through the session, the Wyoming legislators were open to industry concerns. Multiple organizations, including AUVSI, testified in opposition to SF 34 and contacted the committee on problems with the measure. In response, the committee was open to feedback and ended up voting to not pass the measure when it was clear the language was unsuitable.  

Overall: Satisfactory 

While SF 32 was enacted this session and is not particularly favorable, the specificity of the language is an improvement upon versions of the measure we have seen in other states. Any measure that restricts where drones can fly is burdensome and at odds with federal regulations, but the language requiring the trespass to be for specific purposes (to surveille the facility or to deliver/attempt to deliver contraband or deadly weapons) is preferable to a complete restriction.  

Additionally, in holding an interim committee to ensure all stakeholder input is heard, and in tabling SF 34 when it was clear the language still needed work, Wyoming has proven that they care about stakeholder input and want to establish an industry-friendly regulatory environment. 

With a continued receptiveness towards industry, we are confident that Wyoming can enact good legislation and show industry why their State is the right choice for continued investment. 

End of Session Report: Utah 

Utah was one of the more active states this session in terms of UAS and AAM policy. Leveraging an interim committee, most of the measures were introduced without industry input. All the measures below, except for S.B. 439, passed both chambers and will be sent to the Governor for final approval.  

Legislation 

Unsatisfactory Measures: 

• S.B. 24 Advanced Air Mobility Amendments: This measure requires the registration of UAS and AAM systems, grants UDOT the authority to establish the registration fees and requirements and allows a political subdivision to require an AAM business to get a business license if they do not have one from another subdivision. The FAA already has registration requirements, and therefore this measure burdens an emerging industry with overregulation. 

• S.B. 161 Advanced Air Mobility Revisions: This measure was introduced solely as an AAM study committee bill and then amended to prohibit a political subdivision from granting the exclusive right to one or more vertiport owners or operators. This measure creates limitations for AAM companies that will create hurdles to essential infrastructure development. 

• Measures that Needed Improvement: 

• S.B 219: Criminal Privacy Violation Amendments: This measure amends provisions related to criminal privacy violation to include the capture of data, information, or characteristics of property by an advanced technological instrumentality, including lidar, for which the owner has an expectation of privacy. The measure was amended to provide an exception for UAS. Without the amendment, this measure had the potential to severely restrict where a drone can fly.  

• S.B. 185 Transportation Amendments: This measure is a large measure amending multiple provisions related to transportation. To try and fix the issues produced by SB 161, it was amended to prohibit a political subdivision from creating a monopoly on vertiport ownership/operation and allow for the exclusive use of vertiports if no public money was used. The amendment alleviates problems caused by S.B. 161. 

Satisfactory Measures: 

• S.B. 125 Transportation Infrastructure Amendments: This measure designates the ASPIRE Engineering Research Center at Utah State University as the lead research center for strategic planning for electrification of transportation infrastructure, including by studying UAS.  

• H.B. 439: Railroad Drone Amendments: This measure allows a large public transit district to use UAS to examine public transit facilities for safety purposes.  

Willingness to Engage: Needs Improvement 

AUVSI began to engage the relevant sponsors and UDOT’s Division of Aeronautics before the 2023 legislative session even begun. While initially open to conversation with industry, as the session progressed and necessary legislative changes did not materialize, the legislators in the state went silent.  

Although we voiced our concerns about the burdensome regulations in S.B. 24 and S.B. 161, no changes were made. Despite our communications on industry’s opposition to the vertiport language in S.B. 161, adjustments were not made and as a result language was amended in S.B. 185 to fix it.  

Openness to Industry: Needs Improvement 

Legislators in Utah demonstrated a resistance to engage with industry. Although there were industry members that participated on the 2022 interim committee, the resulting legislation was not presented to them for their input. Additionally, despite bringing together industry leaders to express concerns and opposition to legislation, no amendments or compromise to the language materialized. 

Overall: Needs Improvement 

Throughout the 2023 legislation session, Utah demonstrated a lack of desire to develop a collaborative stakeholder environment necessary to create pro-industry regulation. We appreciate Senator Harper’s commitment to the AAM environment, and we plan to work with UDOT on the upcoming AAM study committee to ensure any further legislation is industry-supported and favorable.  

Utah is a prime environment for the AAM industry to take-off in and is already taking advantage of the endless possibilities that commercial drone operations can provide. With proper collaboration, we believe that Utah can be a leader in the industry.