DELMAR – An October 12 incident over three Bethlehem schools prompted a quick response from local State lawmakers in introducing a law to restrict unauthorized drones from operating in low-altitude airspace over schools and critical infrastructure.
There are currently no restrictions in New York for licensed operators to fly drones below 400 feet near schools or infrastructure such as power and chemical plants, refineries, dams, pipelines, fuel storage facilities or drinking water treatment plants. On Thursday, October 26, officials gathered at Eagle Elementary School to announce a proposed State law to change that.
“At a time when safety concerns are a top concern of parents, the use of any unauthorized drone over a school is unacceptable and poses potential threats to privacy and security,” said the bill’s co-sponsor Assemblymember Patricia Fahy (D-Albany) in a statement. “I commend the (Bethlehem) Superintendent for alerting us to this problem and I am pleased we could act immediately to address it.”
In the Bethlehem schools incident, police received multiple reports of a drone flying over Slingerlands and Eagle Elementary schools and the High School while school was in session, but close to dismissal.
This was one day after the attacks in Israel and tensions in the community were high. Bethlehem School Resource Officers and Det. Michael Berben and Det. Caitlyn Krage were able to locate the pilot of the drone.
“We were notified by principal Baker that there was a drone over Slingerlands elementary, “ Berben said. “At that time, we made swift action and notified school officials to have a response to get children inside and figure out the location where this drone was being operated from. We were able to identify that and found out the reason and cause for it.”
According to police, the man, who worked for a commercial real estate company, CoStar Group, was taking aerial photos of the schools and was licensed by the Federal Aviation Administration (FAA). CoStar is company that assists commercial real estate buyers, sellers, and investors.
During the investigation, Berben contacted the FAA and found out that schools were not designated as “no-fly zones” and the pilot did not need authorization to fly over them.
According to the FAA, drones are legal to fly at altitudes below 400 feet in most places. A drone cannot fly near airports or military installations that are designated on a FAA mapping system. Many drones have the GPS coordinates of the maps programmed into them and will not allow the pilot to fly there.
Schools and other critical infrastructure such as power, water, sewer and chemical plants and power substations are not on the maps. The new State law would add a local layer of restrictions below 400 feet.
“I was quite surprised that there were no restrictions under 400 feet. Over 400 feet, that is regulated by the FAA,” Fahy said. She also said that it has made it permissible for local municipalities to regulate that air space.
Although the process of passing the law has begun, there is still much to do..
“There is a great deal of work to be done to make it an effective and complete law,” State Senator Neil Breslin, D-Bethlehem, said.
Breslin explained there are many complexities involved in making sure all angles are covered and that it can be properly enforced.
He said his staff was analyzing the topic and engaging experts before developing the final language.
“To find out that any licensed drone operator can map the layout of any school at any time has been deeply unsettling,” Bethlehem Superintendent Jody Monroe said.
“This legislation will give schools a layer of protection that does not currently exist.”
One of the things people may not realize is that drones are used in other parts of the world to carry more than cameras and are used in war, Berben said.
“While this situation was legitimate, we were surprised after speaking with (the FAA) at how few restrictions there are,” He said.
The CoStar Group was also contacted regarding notifications to the Bethlehem School District and the Bethlehem Police Department regarding future activities that require them to fly over school grounds, Deputy Chief James Rexford said in a statement.
“This is another one of those situations where you have a great product and some great technology, but along with that comes some unintended consequences and many people have become enthusiasts,” Albany County Sheriff Craig Apple said. “We need to protect our infrastructure, especially our most valuable and vulnerable infrastructure which is housed in the buildings behind me, our kids. We want to keep them safe.”
“We need to think about where drones are and aren’t allowed and where they do and don’t belong because our technology is evolving more rapidly than our cultural norms and laws are able to account for,” Bethlehem Town Supervisor David Vanluven said. “This sometimes creates great challenges.”
Both North and South Colonie Schools fall into the category as Bethlehem, but many of their school buildings are within more restricted airspace surrounding the Albany International Airport.
For example, the restrictions limit drones to 100 feet near Colonie High School and 250 feet near Shaker High School due to the proximity to the aircraft flight paths, instead of the 400 feet maximum in unrestricted zones.
“We need to think about where drones are and aren’t allowed and where they do and don’t belong because our technology is evolving more rapidly than our cultural norms and laws are able to account for,” Bethlehem Town Supervisor David Vanluven said. “This sometimes creates great challenges.”