HB 1098 — LIABILITY/CIVIL: Provides with respect to a limitation of liability for aerospace entities

HLSENROLLED 26RS-2667 REENGROSSED Regular Session HOUSE BILL NO.

1098 BY REPRESENTATIVEREPRESENTATIVES MCFARLAND LIABILITY/CIVIL:AND CHASSION AN ACT To enact R.S.

Provides with respect to a limitation of liability for aerospace entities AN ACT To enact R.S.

toprovideto provide for exceptions;

to provide forfordefinitions; definitions;

(1) "Aerospace flight activities" mean any act or activity related to the research,development,testing,manufacture,preparation,launch,operation,reentry, descent, landing, or post-landing recovery of aan aeronautic or astronautic launch vehicle, craft, payload, or related equipment, including but not limited to,to fueling, integration,integration,conditioning,andtransporting,includingbutnotlimitedtothetransport conditioning,of andtransporting,includingbutnotlimitedtothetransportofgoodsandpersons,andgoods and persons, and any associated ground support operations, whether conducted on-site or involving overflight.

(2) "Aerospace flight entity" means any person, corporation, partnership, limitedlimitedliabilitycompany,oranyotherentitythatconductsaerospaceflightactivities liability company, or any other entity that conducts space flight activities and, to the extent required bybyfederal federal law, holds or operates anywhere under a valid FederalAviationAdministrationlicense,experimentalpermit,orotherauthorization forthefortherelevantactivitiesrequiringsuchalicense. relevantactivities requiringsuchalicense.

This alsoincludesanyemployee, officer, director, agent, contractor, manufacturer,supplier, or vendor of such entity, any owner or lessor of immovable property used for aerospace flight activities, and Page 1 of 43 CODING:

HLS 26RS-2667 REENGROSSED HB NO.

1098 officer,ENROLLED director, agent, contractor, manufacturer,supplier, or vendor of such entity, any owner or lessor of immovable propertyused for space flight activities, and any political subdivision or public entity with a contractual or operational relationship facilitating such activities.

NotwithstandinganyotherprovisionNotwithstanding ofanyother lawprovision tooflawto thethecontrary,noaerospace contrary,flightentitythatownsandoccupiesaminimumoftwentythousandcontiguousacres noaerospacein flightthis entitystate shall be liable for any cause of action arising from nuisance, trespass, inverse condemnation, strict liability, or any other claim based upon noise, sonic booms, overflight, vibration, light, heat, exhaust, smoke, odor, visual intrusion, temporary access restrictions, or any other disturbance resulting from aerospace flight activities.

An aerospace flight entity shall not be liable to any aerospace flight participant for anyinjuryor damages resultingresultingfrom from aerospaceflight activities if the aerospace flight participant has signed an agreement and given written consent as required by 51 U.S.C.

(3) A violation of a condition of a Federal Aviation Administration license, experimental permit, or federal authorization, (4) PhysicalInjury damageto persons or property caused by falling debris that exceeds the normal risk associated with aerospace flight activities.

Areciprocalwaiverofclaimsbetweenpartiesengagedinaerospaceflight activities under Federal Aviation Administration Regulations (14 C.F.R.CFR 440.17) is effective and enforceable in this state, including waiver by a contractor, subcontractor, or customer of anypartyparticipating in an aerospace flight activity.

440.17)F. is effective and enforceableinthisstate,includingwaiverbyacontractor,subcontractor,orcustomer of any party participating in an aerospace flight activity.

PageAn 2aerospace offlight 4entity CODING:is presumed to be acting lawfully if the aerospace activity is conducted in substantial compliance with applicable federal, state, and local licenses, permits, or authorizations.

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HLS 26RS-2667 REENGROSSED HB NO.

1098 F.ENROLLED Section 2.

AnThis aerospaceAct flightshall entitybecome iseffective presumedupon tosignature bebythe actinggovernor lawfullyor, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the aerospaceactivityisconductedwithgovernor, substantialas compliancewithprovided applicablefederal,by state,Article andIII, localSection licenses,18 permits,of orthe authorizations.Constitution of Louisiana.

SectionIf 2.vetoed bythe governorand subsequentlyapproved bythe legislature, this Act shall become effective on the dayfollowing such approval.

ThisSPEAKER ActOF shallTHE becomeHOUSE effectiveuponOF signatureREPRESENTATIVES bythePRESIDENT governorOF or,THE ifSENATE notGOVERNOR signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignatureOF byTHE theSTATE governor,OF asLOUISIANA providedAPPROVED: by Article III, Section 18 of the Constitution of Louisiana.

IfPage vetoed3 bytheof governorand3 subsequentlyapprovedbytheCODING: legislature, this Act shall become effective on the dayfollowing such approval.

DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.

Itconstitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 1098 Reengrossed 2026 Regular Session McFarland Abstract:

Limits liability for aerospace flight entities when certain written agreements exist.

Proposed law defines "aerospace flight activities" and "aerospace flight entity".

Proposed law provides that an aerospace flight entity is not liable for any cause of action arising from nuisance, trespass, inverse condemnation, strict liability, or any other claim baseduponnoise,sonicboom,overflight,vibration,light,heat,exhaust,smoke,odor,visual intrusion, temporary access restrictions, or any other disturbance resulting from aerospace flight activities.

Proposedlawprovidesthatanaerospaceflightentityisnotresponsibleforinjuryordamage to an aerospace flight participant resulting from aerospaceflight activities if the participant signed an agreement and gave consent as required bycertain federal law.

Proposed law does not apply to any of the following:

(1) Gross negligence or willful or wanton misconduct of the aerospace flight entity.

(2) Intentional injury caused by the aerospace flight entity to the aerospace flight participant.

(3) A violation of a condition of a Federal Aviation Administration (FAA) license, experimental permit, or federal authorization.

(4) Physical damage caused by falling debris that exceeds the normal risk associated with aerospace flight activities.

Proposed law provides that a reciprocal waiver of claims between parties engaged in aerospace flight activities pursuant to certain federal law is effective and enforceable in the state of La.

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.