N.Y. Executive Law § 236: Drones

§ 236. Drones. 1. The terms used in this section shall have the same

meaning as given in section 280.00 of the penal law.

2. A police officer as defined by subdivision thirty-four of section

1.20 of the criminal procedure law, or a peace officer as defined by

section 2.10 of the criminal procedure law, acting within such peace

officer's geographical jurisdiction, may take reasonable and necessary

mitigation measures against a credible threat that a drone poses to the

safety or security of people and/or prohibited spaces. Such measures may

include but not be limited to any of the following:

(a) The use of detection, tracking, and identification methods of a

drone and/or drone operating system.

(b) The interception or disabling of a drone and/or drone operating

system through legal and safe methods, including but not limited to both

kinetic and non-kinetic mitigation measures.

(c) A law enforcement officer or agency may only use kinetic measures

when non-kinetic measures have or would reasonably be expected to fail,

provided that such kinetic measures are deployed using federally

approved technologies.

3. The superintendent shall, within six months of the effective date

of this section, promulgate rules and regulations for drone mitigation

by police officers and peace officers. Such rules and regulations shall

prioritize the use of the least destructive measures necessary to

mitigate the threat posed by the drone.

4. (a) A qualifying police officer or peace officer shall act pursuant

to subdivision two of this section only if: (i) the officer has

completed the training required by the superintendent or the

superintendent's designee, in addition to any other training and

certification required by federal law; (ii) the officer has reasonable

suspicion that the drone is operating in a nefarious manner or within a

prohibited space before using non-kinetic measures; and (iii) the

officer has probable cause a drone is operating in a nefarious manner or

within prohibited space before using kinetic measures. Any drone

mitigation measure employed must occur in accordance with the

regulations prescribed pursuant to subdivision three of this section and

in accordance with applicable federal law.

(b) Within forty-eight hours of utilizing any mitigation measures

authorized by this section, the agency employing the officer who

utilized such measures shall report such utilization to the

superintendent or the superintendent's designee, in the form and manner

prescribed by the superintendent, in addition to any reporting required

by federal law.

5. The superintendent may designate one or more areas of the state as

a space to test kinetic and non-kinetic mitigation measures.

6. The superintendent shall establish a registry known as "the New

York state blue list". Such registry shall include vetted and approved

vendors that comply with applicable federal requirements. Upon

publication of the registry, the state, its agencies, and any political

subdivisions of the state may only buy or lease drones and drone

mitigation technology from vendors listed on such registry.