SB 514

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 2026 Regular Session
 SENATE BILL NO. 514
 BY SENATOR OWEN
 TRANSPORTATION/DEV DEPT. Provides relative to Department of Transportation and
 Development aeronautic activities. (8/1/26)
1AN ACT
2 To amend and reenact R.S. 2:1(15), (16), and (17), 2.1(B)(1), 5, 6(B)(1), 7, 7.1, 8, 9, 10, 13,
314, 81 through 87, 131(A), 135.1(F), (G), (H), (J), and (L)(1), 135.2, 135.3(A) and
4(B), 135.4(B), 136, 331(A), 381, 382, 383, 384, 385(A) and (B), 386(A) and (B), and
5the introductory paragraph of 386(C), 390, 601(5) and (6), 607(B), 609(2), 801
6through 809, 811 through 814, 901, 902, 903(A), to enact R.S. 2:2.1(B)(2)(p), (G),
7(H), and (I), and to repeal R.S. 2:135.1(N)(3), and 1001 through 1004, relative to the
8Department of Transportation and Development aeronautic activities; to provide for
9the office of multimodal commerce; to provide for delegation of powers; to provide
10for shifting powers and duties from the secretary of the Department of Transportation
11and Development to the commissioner of the office of multimodal commerce;
12provides for name change of certain departments; to provide for distinction of terms;
13to provide for aeronautics and aviation; and to provide for related matters.
14 Be it enacted by the Legislature of Louisiana:
15Section 1. R.S. 2:1(15), (16), and (17), 2.1(B)(1), 5, 6(B)(1), 7, 7.1, 8, 9, 10, 13, 14,
16 81 through 87, 131(A), 135.1(F), (G), (H), (J), and (L)(1), 135.2, 135.3(A) and (B),
17 135.4(B), 136, 331(A), 381, 382, 383, 384, 385(A) and (B), 386 (A) and (B), and the
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1 introductory paragraph of 386(C), 390, 601(5) and (6), 607(B), 609(2), 801 through 809, 811
2 through 814, 901, 902, 903(A) are hereby amended and reenacted and R.S. 2:2.1(B)(2)(p),
3 (G), (H), and (I) are hereby enacted to read as follows:
4§1. Definitions
5For the purposes of this Title, the following definitions shall apply:
6*      *       *
7(15) "Department" or "Department of Public Works" means the Department
8of Transportation and Development, except where the Department of Public Safety
9and Corrections is specified office of multimodal commerce.
10(16) "Director" means the Assistant Secretary Aviation director of
11aeronautics, office of multimodal commerce, aeronautics division, Louisiana
12Department of Transportation and Development.
13(17) "Fixed-base operator" or "FBO" means an individual or a firm operating
14at an airport and providing general aircraft or air cargo services including, but not
15limited to sale of fuel, maintenance, storage, repair, and ground and flight
16instructions.
17*      *       *
18§2.1. Louisiana Advanced Aviation and Drone Advisory Committee
19*      *       *
20B.(1) The secretary of the Department of Transportation and Development
21commissioner of multimodal commerce shall create the Louisiana Advanced
22Aviation and Drone Advisory Committee and it shall be comprised of fifteen
23members. The members shall be selected by the following individuals as a means of
24representing a diverse set of stakeholders involved in the deployment and
25advancement of drone technologies in the state. The committee shall provide
26recommendations to the secretary of the Department of Transportation and
27Development commissioner of multimodal commerce as well as both the House
28Committee on Transportation, Highways and Public Works and the Senate
29Committee on Transportation, Highways and Public Works on policy and regulatory
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1      issues related to the adoption of drone technologies.
2(2) The members shall be appointed by the following groups or individuals:
3*      *       *
4(p) One member from the governor's office of homeland security and
5      emergency preparedness appointed by the director.
6*      *       *
7G. Advanced aeronautics functions of the department
8(1) The functions of the office of multimodal commerce aeronautics
9      division within the Department of Transportation and Development shall be to
10      study, administer, construct, improve, promote, and regulate the use of
11      advanced air mobility systems and to perform such other functions with regard
12      to public aeronautical facilities and to provide recommendations to the
13      commissioner of the office of multimodal commerce, secretary of the
14      Department of Transportation and Development, and both the House
15      Committee on Transportation, Highways and Public Works, and the Senate
16      Committee on Transportation, Highways, and Public Works, on policy and
17      regulatory issues related to the adoption of and advancement of advanced
18      aviation technologies, including, advanced air mobility, new air traffic control
19      system, unmanned aircraft systems, urban air mobility, rural air mobility,
20      universal traffic management, vertiports, and airspace integration technologies.
21      The legislature directs the secretary and commissioner to establish an advanced
22      aeronautics director and functions to administer and progress advanced air
23      mobility and associated functions.
24(2) Annually, or as required by the joint committee, the department shall
25      issue a report regarding the state of unmanned and advanced aeronautics
26      technologies and shall summarize the progress on all projects previously
27      approved. This report shall be submitted to the joint committee by February 1
28      of each year.
29(3) The commissioner of the office of multimodal commerce, or his
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1      designee, shall serve as the department liaison with the Federal Aviation
2      Administration to address issues with federal, state, and local laws governing
3      unmanned aircraft systems, unmanned aerial systems, advanced air mobility
4      and airspace integration.
5(4) In performing the functions provided in this Section, the department
6      may consult with industry stakeholders representing diverse interests in
7      advanced aviation technologies, including but not limited to representatives
8      from agriculture, public safety, surveying, oil and gas, unmanned vehicle
9      systems associations, educational institutions, rotorcraft industry, and airport
10      management.
11H.(1) The department may establish and operate funding and
12      development programs to support the development, adoption, economic
13      integration, and promotion of advanced aviation technologies in the state,
14      including but not limited to:
15(a) Grants for research, innovation, infrastructure development, and
16      workforce training related to unmanned aircraft systems, unmanned aerial
17      systems, and advanced air mobility.
18(b) Pursuit and administration of federal funding opportunities,
19      including grants from the Federal Aviation Administration, Department of
20      Homeland Security, or other agencies for drone integration, counter-unmanned
21      aircraft technologies, and strategic economic and implementation plans.
22(2) Such programs shall be developed in alignment with the state's
23      strategic economic plans, including the Louisiana advanced air mobility
24      strategic plan, and shall prioritize projects that enhance safety, security,
25      economic impact, workforce development, and job creation. Funding for these
26      programs may be derived from legislative appropriations, federal grants,
27      public-private partnerships, or other available sources. The department shall
28      include updates on funding program activities, awards, and outcomes in the
29      annual reports required under Subsection B of this Section.
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1(3)(a) Eligibility for program funding shall be determined based on
2      criteria established by the department, including demonstrated economic
3      benefit to the state, compliance with federal and state regulations, and
4      involvement of diverse stakeholders. The office may contract with qualified
5      consultants for grant writing and program administration services as needed.
6(b) Prior to implementing the established criteria and procedures, the
7      department shall secure the approval of these procedures by the joint
8      committee in accordance with the administrative procedure act. The procedures
9      shall be the approved set of guidelines for administering applications through
10      the program and shall be made available to eligible industry stakeholders.
11I. The department may employ or contract for such personnel and
12      resources as necessary to efficiently perform the functions provided in this
13      Section.
14*       *       *
15      §5. Duties of Department of Transportation and Development; aeronautic activities;
16exceptions
17The secretary and employees of the department designated by him
18      commissioner of the office of multimodal commerce, or his designee shall
19      supervise and direct all aeronautic activities and facilities, except those activities
20      pertaining to aircraft registration, identification, equipment, and enforcement
21      delegated to the secretary of the Department of Public Safety and Corrections or his
22      designee. Unless specified, all licenses, orders, rules, and regulations pertaining to
23      aeronautics shall bear the secretary's commissioner's signature, or the signature of
24      employees designated by him to sign such licenses, orders, rules, or regulations; and
25      the secretary commissioner shall insure that all rules and regulations of the
26      department pertaining to aeronautics are obeyed. He shall direct investigations with
27      respect to aeronautic activities. He, and any employee designated by him, may
28      administer oaths when necessary in the discharge of official duties and may affix his
29      jurat to any license or document pertaining to the promotion or regulation of
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1      aviation, whether state or federal, concerning which oath is to be made.
2      §6. Powers and duties of the department; promulgation of rules and regulations
3pertaining to aeronautics
4*       *       *
5B.(1) Accordingly, the department may prescribe such reasonable rules and
6      regulations as it deems necessary and advisable:
7(a) For the public safety and for the promotion of aeronautics governing the
8      designing, laying out, location, building, equipping, operation, and use of all airports,
9      landing fields, or landing strips;
10(b) Governing the curriculum, equipment, personnel, and operation and
11      management of all air instruction;
12(c) For the purpose of protecting the health and safety of students receiving
13      or to receive such instruction of student aviators;
14(d)(b) For the public safety and safety of those engaged in aeronautics;
15(e)(c) For the promotion of aeronautics governing the establishment, location,
16      maintenance, and operation of all air markings, air beacons, and other nonfederal
17      air-navigation facilities.
18*       *       *
19      §7. Powers and duties of the department; development of aeronautics
20The department shall assist in the development of aviation and aviation
21      aeronautics and aeronautical facilities for the purpose of safeguarding, growing,
22      and optimizing the interests of those engaged in all phases of the industry and of the
23      general public and of promoting aeronautics and probatively advancing
24      multimodal commerce initiatives. Accordingly, the department may expend any
25      or all the moneys allocated and deposited for the acquisition or enlargement by
26      purchase, grant, lease, condemnation, or other means, and for the construction,
27      operation, and maintenance of airports, landing fields, vertiports, advanced air
28      mobility, electrical vertical takeoff and land facilities, or emergency landing
29      strips, or of other aeronautic facilities or services for the safety and advancement,
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1      and promotion of economic improvement and development of aeronautics, which
2      shall include the joint establishment or provision of such aeronautic facilities or
3      services in cooperation with other state or federal departments or with other political
4      subdivisions.
5      §7.1. Operation and maintenance of aeronautical navigation aids
6The Department of Transportation and Development may, subject to
7      legislative appropriation of sufficient funds, enter into a contract or contracts to
8      maintain, repair, and use such nonfederal air navigation aids as the department
9      deems necessary to operate a statewide aeronautical navigation system. A plan for
10      such a system shall be presented to the Joint Legislative Committee on the Budget
11      for approval before the program is put into effect.
12      §8. Powers and duties of the department; aeronautics; license; fees
13All proposed airports, landing fields, air schools, flying clubs, air beacons,
14      or other navigation facilities, and landing fields shall first be approved by the
15      department before they are so used or operated. No airport, landing field, air school,
16      flying club, vertiport, advanced air mobility facility, air beacon, or other air
17      navigation facility, except airports and landing fields constructed and operated prior
18      to July 28, 1936, shall be used or operated without the approval of the department,
19      and no aircraft, except in case of emergency, shall land upon or take off from any
20      area other than an airport, landing field, or landing strip. No license, rule, order, or
21      regulation promulgated under the authority of this Section or of this Chapter shall
22      apply to airports, landing fields, air beacons, air markings, or other air navigation
23      facilities owned or operated by the government of the United States or by this state.
24      The department may issue a certificate of its approval registration in each case and
25      make reasonable charges therefor.
26      §9. Powers and duties of the secretary; aeronautics; investigations and hearings
27The secretary or any person designated by the secretary commissioner, or
28      his designee, may hold investigations, inquiries, and hearings concerning matters
29      covered by the provisions of this Chapter, and all accidents in aeronautics, except for
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1      aircraft registration, identification, equipment, and enforcement delegated to the
2      Department of Public Safety and Corrections. All hearings conducted in accordance
3      with the provisions of this Section shall be open to the public. The secretary,
4      commissioner and every person designated by him to hold any inquiry,
5      investigation, or hearing may administer oaths and affirmations, certify to all official
6      acts, issue subpoenas, compel the attendance and testimony of witnesses, and the
7      production of papers, books, and documents. In case of failure to comply with any
8      subpoena or order issued under authority of this Chapter, the secretary or his
9      authorized representative commissioner, or his designee, may invoke the aid of any
10      district court which may have jurisdiction in such cases. The court may thereupon
11      order the witness to comply with the requirements of the subpoena or order to give
12      evidence touching the matter in question. Any failure to obey the order of said court
13      may be punished by the court as a contempt thereof.
14      §10. Powers and duties of the secretary commissioner; exceptions; aeronautics;
15investigations and hearings; reports and testimony
16To facilitate the making of investigations by the secretary commissioner, or
17      his designee, in the interest of the public safety and the promotion of aeronautics,
18      the reports of investigations or hearings, or any part thereof, or any testimony given
19      thereat, shall not be admitted in evidence or used for any purpose in any suit, action,
20      or proceeding growing out of any matter referred to in said investigation, hearing,
21      or report thereof, except in case of criminal or other proceedings instituted by or on
22      behalf of the Department of Public Safety and Corrections under the provisions of
23      this Chapter.
24*       *       *
25      §13. Powers and duties of the department; aeronautics; license rejection
26In any case where the department rejects an application for permission
27      registration to operate or establish an airport, landing field, air school, flying club,
28      air beacon, or other air navigation facility, or in any case where the department shall
29      issue any order requiring certain things to be done, it shall set forth its reasons and
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1      shall state the requirements to be met before such approval registration shall be
2      given or the order modified or changed. In any case where the department may deem
3      it necessary it may order the closing of any airport, landing field, or order any air
4      school, flying club, or air beacon, or other air navigation facility to cease operations
5      until it complies with the requirements of the department. The secretary
6      commissioner or any person designated by him, and any officer, state, parish, or
7      municipal, charged with the duty of enforcing any provisions of this Chapter, may
8      shall inspect and examine at reasonable hours any premises, and the buildings and
9      other structures thereon, where airports, landing fields, air schools, flying clubs, air
10      beacons, vertiports, advanced air mobility facilities, or other air navigation
11      facilities are operated. Any order made by the department pursuant to this Chapter
12      shall be served upon the interested person by registered mail or in person before such
13      order shall become effective.
14      §14. Appeal from department order or regulation pertaining to aeronautics
15Any person against whom an order has been entered may, within ten
16      calendar days after service, appeal to the district court for the parish in which
17      property affected by the order is located, for the purpose of having the
18      reasonableness or lawfulness of the order inquired into or determined.
19*      *       *
20      §81. Authority of state to own airports; operation of airports by Department of
21Public Works
22A. The department of public works in on behalf of and in the name of the
23      state, out of funds available for such purposes, may plan, establish, construct,
24      enlarge, improve, maintain, equip, operate, regulate, protect, promote, and police
25      airports and air navigation facilities within the state. The department may construct,
26      install, equip, maintain, and operate at such airports buildings and other facilities for
27      the servicing of aircraft or for the accommodation of air travelers., education,
28      workforce development, economic growth, and public-private initiatives to
29      leverage public airport assets and infrastructure to attract, develop, and scale
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1      new and innovative entrants for transportation, logistics, and defense to ensure
2      alignment with market demand and collaboration of resources across the state.
3B. All airports, and other air navigation facilities presently owned or leased
4      or which may be owned or leased hereafter by the state shall be maintained, managed
5      and operated by the department, which may charge such fees as it shall see fit for the
6      use of said airports or air navigation facilities. The department may enter into such
7      contracts as it shall deem advisable for the sale of aviation fuel and lubricants and
8      for the operation of other concessions and it may grant leases of every type covering
9      its hangars, buildings and other real and personal property for such sums and upon
10      such terms as it may see fit.
11C. All revenues earned or produced by the department on account of such
12      fees, contracts or leases shall be kept separate from all other funds of the state and
13      shall be deposited in one of the banks of the City of Baton Rouge a FDIC insured
14      bank subject to withdrawal by the Director of Public Works commissioner, or his
15      designee, who may use them to pay salaries, to purchase and repair equipment and
16      to meet other expenses incidental to the operation, development and maintenance of
17      these facilities.
18      §82. Acquisition of airports by state; limitations
19For the purposes set forth in R.S. 2:81 the department of public works by
20      purchase, donation, lease, or condemnation may acquire property or an interest
21      therein, including servitudes in airport hazards or land outside the boundaries of an
22      airport, necessary to permit safe and efficient operation of the airports, to permit the
23      removal, obstruction-marking, or obstruction-lighting of airport hazards, or to
24      prevent the establishment of airport hazards. In like manner, the department may
25      acquire existing airports and air navigation facilities. The department shall not
26      acquire any airport or air navigation facility owned or controlled by a political
27      subdivision of the state without consent first being obtained in writing from the
28      governing authority of the political subdivision.
29      §83. Authority of state to dispose of airports
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1A. The department may dispose of any airport, air navigation facility, and
2      portion thereof, or any interest therein. The disposal shall be in accordance with the
3      laws governing the disposition of property of the state; except that disposal to a
4      political subdivision of the state or to the United States for aeronautical purposes
5      may be effected upon such terms and conditions as the department deems in the best
6      interest of the state.
7B. The secretary of the Department of Transportation and Development is
8      hereby authorized to either transfer the Harry P. Williams Memorial Airport in
9      Patterson, Louisiana to the St. Mary Parish governing authority or to take whatever
10      steps are necessary to close the Harry P. Williams Memorial Airport and to dispose
11      of any interest the state may have in the airport to the St. Mary Parish governing
12      authority. In addition to the authority hereinabove granted the secretary to transfer
13      or close the Harry P. Williams Memorial Airport, the secretary may enter into a
14      cooperative endeavor agreement with the St. Mary Parish governing authority
15      whereby the state shall retain legal ownership and the St. Mary Parish governing
16      authority shall operate and maintain the said airport. For a period of one year from
17      July 14, 1988, the St. Mary Parish governing authority shall not be required to
18      comply with the provisions of the Public Bid Law for agreements pertaining to
19      operations, but shall be required to comply with the public bid law for any
20      purchasing or construction. The secretary is authorized to execute any and all
21      agreements or documents which may be necessary to accomplish either the transfer
22      or closure of the airport. The secretary shall have full power and authority to utilize
23      whatever method he deems in the best interest of the state to accomplish the purposes
24      of this Section.
25      §84. Department of public works as agent for political subdivisions in securing
26federal aid
27The department of public works may act as agent for any municipality or
28      parish in Louisiana in applying for, accepting, receiving, receipting for, and
29      disbursing any federal funds or other nonstate funding made available to finance,
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1      in whole or in part, the planning, acquisition, construction, improvement,
2      maintenance, or operation of any municipal or parish publicly owned and public-
3      use airport or air navigation facility.
4      §85. Authority of municipality or parish to designate department of public works its
5agent
6The governing authority of any municipality or parish may authorize the
7      department of public works to act as its agent through a cooperative endeavor
8      agreement for the purposes set forth in R.S. 2:84.
9      §86. Authority of department of public works the department to contract with the
10United States
11The department of public works, as principal for the state and as agent for
12      any municipality or parish when authorized in writing, may contract with the United
13      States or its subdivisions as required in connection with a grant or loan of federal
14      funds for airport or air navigation facilities.
15      §87. Disposition of funds by department of public works
16The department of public works shall deposit in the state treasury funds
17      received pursuant to R.S. 2:84 and R.S. 2:86. Unless otherwise prescribed by the
18      authority from which the moneys are received, the The funds shall be kept in a
19      separate fund designated according to the purposes for which the funds are made
20      available. The funds shall be held and disbursed by the state for such purposes and
21      upon such conditions upon which they are made available.
22      §131. Definition; political subdivisions may acquire airports
23A. "Political subdivision" as used in this Part means any parish of this state
24      as well as any city or county of another adjoining or adjacent state which is
25      authorized by the law of that state to engage in a joint endeavor for the creation and
26      operation of an airport district with a political subdivision of this state. In any such
27      joint endeavor, except to the extent manifestly inconsistent with this Part, the law of
28      that state will govern the acquisition of lands in such other state and the appointment,
29      term of service, and compensation for commissioners appointed by or for such city
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1      or county.
2*       *       *
3      §135.1. Authority to equip, improve, establish fees and charges, and lease airport
4facilities
5*       *       *
6F. Notwithstanding any provisions of law to the contrary, no municipality,
7      parish, airport district, airport authority, or other political subdivision may grant a
8      lease of an entire airport nor may the public be deprived of its rightful, equal, and
9      uniform use of the airport or landing field or portion thereof, except at such times as
10      may be required in the interest of public safety, and no exclusive concession, license,
11      or lease agreement may be made relative to the business of servicing, repairing, or
12      furnishing of supplies for aircraft or the sale, rental, or leasing of aircraft or flight
13      instruction. Prospective lessees providing such services must have complied shall
14      comply with the minimum aeronautical standards established by the lessor.
15G. Lease agreements entered into with fixed-base operators prior to June 22,
16      1978, may be amended so as to provide for an initial or primary term of up to thirty
17      years and an optional extension terms of up to an additional twenty-five years
18      without advertising or competitive bidding, with the terms, conditions, fees, and
19      rentals in such lease agreement to be agreed upon by the authority and the fixed-base
20      operator.
21H. The provisions of this Section shall not apply to the Department of
22      Military Affairs of the state of Louisiana when leasing airport space at a publicly-
23      owned airport for military aeronautical purposes.
24*       *       *
25J. All leases with a term of five years or more shall contain a provision for
26      annual periodic adjustments based on a recognized economic index.
27*       *       *
28L.(1) Notwithstanding any other provision of law to the contrary, leases of
29      public airport operational space, facilities, equipment, and other airport land and
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1      improvements at any air facility may be entered into with persons engaged in the
2      manufacture, storage, maintenance, retrofitting, repair, or maintenance of aircraft in
3      excess of eighty-eight thousand pounds commonly used by the military services of
4      the United States or any state, or private person engaged in air carrier operations, or
5      scheduled commuter operations, or nonscheduled charter of persons, or property, or
6      mail, for initial terms of up to thirty years, and for optional extension terms of up to
7      an additional twenty-five years, without advertising or competitive bidding.
8*        *       *
9      §135.2. Distribution of sales tax revenue
10When an airport is located in more than one political subdivision, sales and
11      use tax revenues generated at the airport shall be distributed to each of the political
12      subdivisions based upon the acreage contained in each political subdivision in
13      relation to the total acreage of the airport. The provisions of this Section shall apply
14      only if the majority of the acreage of such airport is located within the parish of
15      Jefferson used in accordance with the provisions of the Federal Aviation
16      Administration policy and procedures concerning the use of airport revenues.
17      §135.3. Aerial applicators; discrimination prohibited
18A. No city, town, or other political subdivision of this state which establishes
19      airports or landing fields, or which acquires, leases, or sets apart real property for
20      such purposes shall use any aspect of its authority to discriminate against the use of
21      such airports or landing fields by any aerial applicator appropriately licensed by the
22      Department of Agriculture for aerial application of seeds, fertilizers, or pesticides
23      provided such aerial applicator complies with all regulations as may be promulgated
24      by the airport owner or operator or in accordance with the provisions of R.S.
25      2:135.1(N) or (O), the Department of Transportation and Development for the
26      furtherance of flying safety and protection of the airport environs.
27B. In the event that any airport authority objects to the use of its facilities by
28      a licensed aerial applicator, the airport sponsor shall notify the FAA Flight
29      Standards district office, the office of agricultural and environmental sciences of
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1      the Department of Agriculture and Forestry shall upon request send a representative
2      and the department. The airport sponsor may request a representative from
3      each agency to inspect and monitor the field prior to, during, and after the use by the
4      aerial applicator to ascertain if any harmful chemicals and other residues remain as
5      a result of the use by the aerial applicator. If the commissioner of the Department of
6      Agriculture and Forestry any one of the agencies determines that the applicator is
7      or has been in violation, the commissioner shall have the authority to suspend the
8      offending applicator from further use of the airport or landing strip each agency
9      shall take the appropriate action to ensure the safety and protection of the
10      airport operating environment.
11*       *       *
12      §135.4. Payment methods at airports
13*       *       *
14B.(1) All air carrier airports or their authorized agents may collect payment
15      by credit card, debit card, or a similar approved payment device for any transaction
16      including but not limited to food and beverage or other consumer-related purchases
17      in commercial terminal facilities.
18(2) No air carrier airport or its authorized agent shall prohibit the use of
19      United States currency, coin or paper money, for the payment of such transactions.
20*       *       *
21      §136. Funds for operation may be raised by taxation and otherwise
22The local public authorities having power to appropriate monies within the
23      cities, or other political subdivisions of this state, acquiring, establishing, developing,
24      operating, maintaining, or controlling airports or landing fields under the provisions
25      of this Part, may appropriate and cause to be raised by taxation or otherwise in such
26      political subdivisions, monies sufficient to carry out therein the provisions of this
27      Part; and may shall use for such purposes monies derived from the airports or
28      landing fields.
29*       *       *
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1      §331. Authority to acquire or improve land for industrial parks
2A. In addition to any other authority conferred by the constitution and statutes
3      of this state, any airport district, commission, board or airport authority may acquire,
4      except by expropriation, and/or improve land for industrial parks within the limits
5      of the district, commission, board or authority, and may acquire, purchase, construct
6      or improve industrial plant buildings and necessary property and appurtenances
7      thereto and lease, by suitable and appropriate contract, to any enterprise locating or
8      existing within such airport district, commission, board or airport authority, a plant
9      site, appurtenances and plant building or buildings, either, both or severally. Leases
10      authorized to be executed hereunder may be entered into by the airport district
11      without advertisement for bids, provided that any lease having a term of three years
12      or longer shall first be submitted to and approved by the Board of Commerce and
13      Industry of the State of Louisiana.
14*       *       *
15CHAPTER 3. AIRPORT AERONAUTICAL ZONING
16      §381. Authority of municipalities and parishes
17For promoting safety or the general welfare of the community the governing
18      body of all incorporated cities, towns and villages and of the parishes may shall
19      promulgate, administer, and enforce airport zoning regulations limiting the height
20      of structures and objects of natural growth and otherwise regulate the use of property
21      in the vicinity of airports and landing fields. Any regulations adopted shall comply
22      with any United States Department of Transportation, Federal Aviation
23      Administration,     advisory circular,      order,   regulation,    safety   guideline,
24      recommendation, or other official document in order to ensure aviation aeronautical
25      safety and compatible land use.
26      §382. Declaration of effect of airport aeronautical hazards
27It is hereby found and declared that an airport aeronautical hazard endangers
28      the lives and property of users of the airport aeronautical facilities and of occupants
29      of land in its vicinity, and also, if of the obstruction type, in effect reduces the size
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1      of the area available for landing, taking-off, and maneuvering of aircraft, thus
2      tending to destroy or impair the utility of the airport aeronautical facility or landing
3      field and the public health, public safety, or general welfare.
4      §383. Airport Aeronautical zoning regulations by parishes, cities, towns, villages
5and other political subdivisions
6Every parish, incorporated city, town, village, or other political subdivision
7      may shall adopt, administer, and enforce under the police power and in the manner
8      and upon the conditions prescribed, airport zoning regulations for any airport
9      aeronautical or landing field within its jurisdiction, which regulations shall divide
10      the area surrounding the airport aeronautical facility or landing field into zones and
11      within such zones, specify the land uses permitted and regulate and restrict the height
12      to which structures and trees may be erected or allowed to grow. In adopting or
13      revising any such zoning regulations, the political subdivision shall consider, among
14      other things, the character of the flying operations to be conducted at the airport
15      aeronautical facility or landing field, the nature of the terrain, the height of existing
16      structures and trees above the level of the airport aeronautical facility or landing
17      field, the possibility of lowering or removing existing obstructions, and the views of
18      the agency of the federal government charged with fostering of civil aeronautics, as
19      to the aerial approaches necessary to safe flying operations at the airport
20      aeronautical facility or landing field.
21      §384. General zoning ordinances; effect or scope; joint boards; extent of jurisdiction
22of political subdivisions; reasonable regulations
23A. In the event that a political sub-division has adopted, or hereafter adopts,
24      a general zoning ordinance, regulating, among other things, the height of buildings,
25      any airport aeronautical zoning regulations adopted for the same area or portion
26      thereof under this Chapter, may be incorporated in and made a part of such general
27      zoning regulations, and be administered and enforced in connection therewith, but
28      such general zoning regulations shall not limit the effectiveness or scope of the
29      regulations adopted under this Chapter.
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1B. Any two or more parishes or other political subdivisions may agree, by
2      ordinance duly adopted, to create a joint board and delegate to said board the powers
3      herein conferred to promulgate, administer, and enforce airport zoning regulations
4      to protect the aerial approaches of any airport aeronautical or landing field located
5      within the corporate limits of any one or more of said political subdivisions. Such
6      joint boards shall have as members two representatives appointed by the chief
7      executive officer of each political subdivision participating in the creation of said
8      board and a chairman elected by a majority of the members so appointed.
9C. The jurisdiction of each parish or other political subdivision is hereby
10      extended to the promulgation, administering and enforcement of airport zoning
11      regulations to protect the approaches of any airport or landing field which is owned
12      by said parish or other political subdivision but located wholly or partially outside
13      the corporate limits of the parish or other political subdivision. In case of conflict
14      with any airport aeronautical zoning or regulations promulgated by any other parish
15      or other political subdivision, the regulations adopted pursuant to this sub-section
16      shall prevail.
17D. All airport aeronautical zoning regulations adopted under this Chapter
18      shall be reasonable and none shall require the removal, lowering, or other change or
19      alteration of any structure or tree not conforming to the regulations when adopted or
20      amended, or otherwise interfere with the continuance of any non-conforming use,
21      except as provided in R.S. 2:385A.
22      §385. Permits; variances; obstruction marking and lighting
23A. Permits. If airport aeronautical zoning regulations are adopted a system
24      shall be established by any political subdivision for the granting of permits to
25      establish or construct new structures and other uses and to replace existing structures
26      and other uses or make substantial changes therein or substantial repairs thereof. In
27      any event, before any non-conforming structure or tree may be replaced,
28      substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a
29      permit shall be secured from the administrative agency authorized to administer and
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1      enforce the regulations, authorizing such replacement, change, or repair. No such
2      permit shall be granted that would allow the structure or tree in question to be made
3      higher or become a greater hazard to air navigation than it was when the applicable
4      regulation was adopted; and whenever the administrative agency determines that a
5      non-conforming structure or tree has been abandoned or more than eighty percent
6      torn down, destroyed, deteriorated, or decayed: (1) no permit shall be granted that
7      would allow the structure or tree to exceed the applicable height limit or otherwise
8      deviate from the zoning regulations; and (2) whether application is made for a permit
9      under this Subsection or not, the agency may by appropriate action compel the owner
10      of the non-conforming structure or tree, at his own expense, to lower, remove,
11      reconstruct, or equip such object as may be necessary to conform to the regulations
12      or, if the owner of the non-conforming structure or tree shall neglect or refuse to
13      comply with such order for ten days after notice thereof, the agency may proceed to
14      have the object so lowered, removed, reconstructed, or equipped and assess the cost
15      and expense thereof upon the object or the land whereon it is or was located. Unless
16      such an assessment is paid within ninety days from the service of notice thereof on
17      the agent or owner of such object or land, the sum shall bear interest at the rate of ten
18      percent per annum until paid, and shall be collected in the same manner as are
19      general taxes. Except as indicated, all applications for permits for replacement,
20      change or repair of non-conforming uses shall be granted.
21B. Variances. Any person desiring to erect any structures, or increase the
22      height of any structure, or permit the growth of any tree, or otherwise use his
23      property, in violation of airport aeronautical zoning regulations adopted under this
24      Chapter, may apply to the board of appeals, as provided in R.S. 2:386 for a variance
25      from the zoning regulations in question. Such variances shall be allowed where a
26      literal application or enforcement of the regulations would result in practical
27      difficulty or unnecessary hardship and the relief granted would not be contrary to the
28      public interest but do substantial justice and be in accordance with the spirit of the
29      regulations and this Chapter.
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1*       *       *
2      §386. Procedure for adoption and administration of regulations; appeals
3A. Adoption of zoning regulations. No airport aeronautical zoning
4      regulations shall be adopted, amended, or changed under this Chapter except by
5      action of the legislative body of the parish or other political subdivision in question,
6      or the joint board provided for in R.S. 2:384(B) after a public hearing in relation
7      thereto, at which parties of interest and citizens shall have an opportunity to be heard.
8      At least thirty days' notice of the hearing shall be published in an official paper, or
9      a paper of general circulation, in the political subdivision or subdivisions in which
10      the airport or landing field is located.
11B. Administration of zoning regulations–Administrative agency. The
12      legislative body of any political subdivision adopting airport aeronautical zoning
13      regulations under this chapter may delegate the duty of administering and enforcing
14      such regulations to any administrative agency under its jurisdiction, or may create
15      a new administrative agency to perform such duty, but such administrative agency
16      shall not be or include any member of the board of appeals. The duties of such
17      administrative agency shall include that of hearing and deciding all permits under
18      R.S. 2:385A, but such agency shall not have or exercise any of the powers delegated
19      to the board of appeals.
20C. Administration of airport aeronautical zoning regulations; board of
21      appeal. Airport zoning regulations adopted under this Chapter shall provide for a
22      board of appeals to have and exercise the following powers:
23*       *       *
24      §390. Short title
25This Chapter may be known as the Airport Aeronautical Zoning Law.
26      §601. Definitions
27The following words or terms whenever used or referred to in this Chapter
28      shall have the following respective meanings unless different meanings clearly
29      appear from the context:
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1*       *       *
2(5) "Air navigation Aeronautical facility" means any facility - other than one
3      owned and operated by the United States–used in, available for use in, or designed
4      for use in aid of air navigation, including any structures, mechanisms, lights,
5      beacons, markers, communicating systems, or other instrumentalities, or devices
6      used or useful as an aid, or constituting an advantage or convenience, to the safe
7      taking-off, navigation, and landing of aircraft, or the safe and efficient operation or
8      maintenance of an airport, and any combination of any or all of such facilities.
9(6) "Aeronautical hazard" means any structure, object of natural growth, or
10      use of land which obstructs the airspace required for the flight of aircraft in landing
11      or taking-off at an airport or is otherwise hazardous to such landing or taking-off of
12      aircraft.
13*       *       *
14      §607. Federal and state aid
15*       *       *
16B. An authority is authorized to designate the office of aviation aeronautics
17      division of the Department of Transportation and Development as its agent to accept,
18      receive, receipt for, and disburse federal and state monies, and other monies, public
19      or private, made available by grant or loan or both, to accomplish in whole or in part,
20      any of the purposes of this Chapter; and to designate the said department as its agent
21      in contracting for and supervising the planning, acquisition, development,
22      construction, improvement, maintenance, equipment, or operation of any airport or
23      other air navigation facility. An authority may enter into an agreement with the said
24      department prescribing the terms and conditions of the agency in accordance with
25      such terms and conditions as are prescribed by the United States, if federal money
26      is involved, and in accordance with the applicable laws of this state. All federal
27      monies accepted under this Section by the office of aviation aeronautics division
28      of the Department of Transportation and Development shall be accepted and
29      transferred or expended by said department upon such terms and conditions as are
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1      prescribed by the United States. All monies received by the office of aviation
2      aeronautics division pursuant to this Subsection shall be deposited in the
3      Transportation Trust Fund of the state treasury and, unless otherwise prescribed
4      by the agency from which such monies were received, shall be kept in separate funds
5      designated according to the purposes for which the monies were made available and
6      held by the state in trust for such purpose.
7*       *        *
8      §609. Subdivision cooperation
9For the purpose of aiding and cooperating in the planning, undertaking,
10      construction, or operations of airports or air navigation facilities pursuant to the
11      provisions of this Chapter, any subdivision for which an authority has been created
12      may, upon such terms, with or without consideration, as it may determine:
13*       *        *
14(2) Provide that all or a portion of the taxes or funds available or to become
15      available to, or required by law to be used by, the subdivision for airport purposes,
16      be transferred or paid directly to the airport authority as such funds become available
17      to the subdivision; and unless otherwise prescribed by the agency from which the
18      monies were received, shall be kept in separate funds designated according to
19      the purposes for which the monies were made available and held in trust for
20      such purpose.
21*       *        *
22CHAPTER 7. AIRPORT CONSTRUCTION AND DEVELOPMENT
23PRIORITY PROGRAM
24      §801. Definitions
25As used in this Chapter, unless the context clearly indicates otherwise, the
26      following definitions shall apply:
27(1) "Airport authority" means the owner of any airport or landing field,
28      vertiport, advanced air mobility facility, or the governing authority of any airport
29      district.
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1(2) "Airport construction and development priority program" means the
2      priority list of projects submitted by the department and approved by the joint
3      committee pursuant to this Chapter Airport development program" means a
4      program of infrastructure improvements and development projects of
5      qualifying airports submitted by the department and approved by the Senate
6      and House committees on transportation, highway and public works pursuant
7      to this Chapter.
8(3) "Construction or development project" means a program of construction
9      or development, either new or continuing, that will be planned and implemented with
10      the primary goal of improving aviation aeronautical activities in the state.
11(4) "Department" means the Department of Transportation and Development,
12      office of multimodal commerce.
13(5) "Joint committee" means legislative committees including the House
14      Committee on Transportation, Highways and Public Works and the Senate
15      Committee on Transportation, Highways and Public Works, functioning as a joint
16      legislative committee.
17(6) "Sponsor" means any state agency, city, town, parish, airport authority,
18      airport district, airport commission or other political subdivision which owns,
19      leases, or controls any airport, landing field, landing strip, seaplane base, helipad, or
20      aid to air navigation.
21      §802. Methodology for airport project evaluation
22A.(1) Applications for funding of any airport construction or development
23      project may be submitted by any airport authority, except as provided in R.S. 2:806.
24      However, to be eligible for state funding from the Airport Construction and
25      Development Priority Program for an airport project, an airport authority located in
26      a political subdivision which has adopted airport zoning regulations, shall certify to
27      the Department of Transportation and Development that the political subdivision's
28      regulations are in compliance with United States Department of Transportation,
29      Federal Aviation Administration, advisory circulars, orders, regulations, safety
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1      guidelines, recommendations, or other official documents that have been issued for
2      the purpose of ensuring aviation safety and compatible land use. Equal consideration
3      shall be given to rural aviation and commercial urban aviation. Applications shall be
4      made to the Department of Transportation and Development by November first of
5      each year, for consideration of funding in the following fiscal year. Applications
6      submitted in accordance with the provisions of this Chapter shall not be subject to
7      the provisions of R.S. 39:104, 111, 114, and 121. Information to be provided in the
8      application shall include but not be limited to the following:
9(a) Description of the project and demonstration of immediate need for the
10      project.
11(b) Preliminary project design and cost estimate.
12(c) Description of project area.
13A.(1) Applications for state funding of any airport construction or
14      development project shall be submitted by any airport sponsor. To be eligible
15      for state funding from the Airport Development Program for an airport project,
16      an airport sponsor located in a political subdivision which has adopted airport
17      aeronautical zoning regulations, shall certify to the Department of
18      Transportation and Development that the political subdivision's regulations are
19      in compliance with United States Department of Transportation, Federal
20      Aviation Administration, advisory circulars, orders, regulations, safety
21      guidelines, recommendations, or other official documents that have been issued
22      for the purpose of ensuring aeronautical safety and compatible land use. Final
23      applications submitted in accordance with the provisions of this Chapter shall
24      not be subject to the provisions of R.S. 39:104, 111, 114, and 121. Information
25      to be provided in the application shall be submitted in accordance with the
26      Louisiana Aeronautical Development Manual.
27(2) Project applications shall not be subjected to formal review and
28      evaluation until the information required in the application has been submitted.
29(3) Projects being funded on August 15, 2010, and projects on the proposed
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1      Airport Priority Program for FY 2010-2011 on August 15, 2010, are exempt from
2      the requirements of this Subsection.
3B. Applications shall be reviewed by the department and any other
4      appropriate state agencies which meet the provisions of R.S. 2:802(C) and meet
5      the eligibility requirements within the evaluation procedures, shall be included
6      in the Airport Development Program.
7C. If the sponsor, or any local unit of government obtains ninety percent
8      or more funding for an aeronautical project, from federal sources or from
9      sources other than state funds, the legislature shall give priority to funding the
10      local match amount necessary for the aeronautical project.
11D. Procedures for application review and evaluation shall be developed by
12      the department. Prior to implementing the review and evaluation procedures, the
13      department shall secure the approval of these procedures by the joint committee in
14      accordance with the Administrative Procedure Act. The procedures and a shall be
15      approved by a set of guidelines for completing project applications shall be made
16      available to eligible airport authorities prior to September 1, 1989.
17E.(1) The commissioner of multimodal commerce, or his designee, shall,
18      for the purpose of administering the provisions of this Chapter, divide and
19      classify the airports of the Louisiana airport system by type, volume and kind
20      of traffic, operational status, federal status, federal obligation requirements,
21      purpose, or otherwise to ensure a system that is safe, efficient, and complies
22      with state and federal safety standards.
23(2) The commissioner of multimodal commerce shall classify airports
24      comprising of functional operations and shall establish current standards for
25      their functional classification. It shall undertake a continuing study of the needs
26      of the various airports for the purpose of maintaining safety standards and shall
27      update such study every two years with the most current information and data
28      to support funding allocations and justify overall development objectives.
29(3) The department shall prepare and update a master plan to support
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1      and sustain the justification for the classification and characterization of the
2      Louisiana integrated airport system requirements to be updated every two
3      years in coordination with the federal national plan of integrated airport
4      systems report by the federal aviation administration for program inclusion.
5(a) Every two years the department shall provide to the legislative
6      committees a report on the classification and characterization of the airport
7      system.
8(b) The department shall promulgate rules, procedures, and
9      implementation policies and publish them in the Louisiana Aeronautical
10      Development Manual in accordance with the Administrative Procedure Act.
11      §803. Priority list of projects; public hearings; final program Proposed Program of
12Airport Development
13A. Prior to the convening of each regular session of the legislature, beginning
14      with the 1990 Regular Session, the department shall prepare and shall furnish the
15      priority list to the joint committee which shall hold a public hearing or hearings for
16      the purpose of reviewing the priority list of projects for the coming fiscal year. Prior
17      to each hearing, the department shall publish the appropriate official notice in the
18      necessary journals. Subsequent to the joint committee hearing and prior to the
19      convening of the regular session, the department shall prepare the final construction
20      program for the coming fiscal year for submission to the joint committee. When this
21      final construction program, as approved by the joint committee, is presented to the
22      legislature for funding for the coming fiscal year, the legislature shall not add any
23      projects to this final construction program except as provided in Subsection B of this
24      Section.
25B. If the governing authority of an airport authority district, parish, or of any
26      local unit of government obtains ninety percent or more funding for an airport, or for
27      an airport project, from federal sources or from sources other than state funds, the
28      legislature shall give priority to funding the remaining amount necessary for the
29      airport or for the airport project, even if the project is not on the priority list of
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1      projects.
2A. Each year, the department shall submit to the legislative committees
3      an airport development program to be commenced in the ensuing fiscal year.
4B. The department shall provide to the Senate and House committees on
5      transportation, highways and public works a supplemental program proposed
6      to be commenced which are in various stages of planning.
7      §804. Proposed program of construction Airport Development Program; public
8hearings; final program
9A. Each year, beginning with the fiscal year commencing in 1990, the
10      department shall submit to the joint committee an airport construction or
11      development priority program to be commenced in the ensuing fiscal year, which
12      shall be based upon the anticipated revenues to be appropriated by the legislature,
13      and listed in an order of priority of the projects herein.
14B. The department also shall provide to the joint committee annually a
15      supplemental list of projects proposed to be commenced within the ensuing four
16      years which are in various stages of planning and preparation. The supplemental list
17      shall be subject to change by the department until the department finally approves
18      each project for construction.
19A. Prior to the convening of each regular session of the legislature, the
20      department shall prepare and shall furnish the recommended list of proposed
21      projects to the legislative committees which shall hold a public hearing or
22      hearings for the purpose of reviewing the program applications for the coming
23      fiscal year. Prior to each hearing, the department shall publish the appropriate
24      official notice in the official journal of the state. Subsequent to the committee
25      hearing and prior to the convening of the regular session, the department shall
26      prepare the final airport development program for the coming fiscal year for
27      submission to the Senate and House committees on transportation, highways
28      and public works. When this final airport development program, as approved
29      by both committees, is presented to the legislature for funding for the coming
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1      fiscal year, the legislature shall not add any projects to this final airport
2      development program.
3B. The legislature declares it to be in the public interest that a program
4      for development of airport infrastructure be utilized to develop the airport
5      development program that accomplishes the following:
6(1) Prioritizes, above all else, transparency to the public, accuracy, and
7      efficiency of program delivery.
8(2) Brings and maintains the state airport system into a good state of
9      repair and optimizes the efficiency and economic growth of airport facilities.
10(3) Improves safety for aeronautical users and communities.
11(4) Supports resiliency in the multimodal transportation system.
12(5) Fosters diverse economic development and job growth, international
13      and domestic commerce, and tourism.
14(6) Fosters and encourages multimodal connectivity.
15(7) Ensures airport safety compliance for the public interest and
16      provides a system of compliance review and adherence.
17(8) Encourages use and adoption of advanced and innovative
18      technologies.
19(9) Ensures a right-sized system of airports to enhance and grow the
20      state economy.
21      §805. Projects undertaken by the department
22A. After adoption of the department's recommendations by the joint
23      committee Senate and House committees on transportation, highways and public
24      works, the approved list of projects program shall be forwarded to the department
25      for implementation subject to the limitation of appropriated appropriation of funds.
26      The department shall not delete, add, or substitute any projects for those approved
27      by the joint committee, revise any projects applications approved by the
28      committees, except as provided in R.S. 2:806; however, the secretary of the
29      department may the commissioner of multimodal commerce, or his designee, at
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1      his discretion, authorize projects to be undertaken and financed due to an emergency
2      out of the secretary's emergency fund. At least semiannually, or as often as required
3      by the joint committee, the department shall summarize and report the progress to
4      date on all projects previously approved and shall submit a recapitulation of all
5      emergency projects for the preceding six-month period, outlining the nature of the
6      emergency and the cost of each project.
7B. No airport project shall be undertaken by the department involving
8      Transportation Trust Fund appropriations except those included in the approved
9      program listing for that fiscal year with the exception of projects undertaken and
10      financed out of the secretary's emergency fund through funds recovered from
11      completed projects and/or nonactive projects that have been canceled, closed,
12      audited, or finalized.
13      §806. Commencement of projects; substitutions; New Orleans International Airport
14A. The projects planned for the year for which appropriations have been
15      made shall have six months upon the appropriation to be commenced in that year;
16      however, if a project cannot be commenced within six months of the year for which
17      it is planned, the secretary of the department shall file with the project records a
18      public statement as to the factors causing the delay, and the next priority project shall
19      be substituted therefor. When the delaying factors have been overcome, the delayed
20      project shall be placed in the highest priority for the next ensuing fiscal year.
21      Unresolved debt resulting from project cost overruns approved by the department
22      shall be paid from current year funds. Any remaining debt shall be given top priority
23      in the following year. Funds allocated for each project shall remain so allocated until
24      the project is completed and the project costs are liquidated appropriations have
25      been made, the department shall cancel the project. The sponsor shall submit
26      a new application for the project which shall then be placed in the airport
27      development program and re-evaluated for inclusion.
28B. The New Orleans International Airport or its successor shall be prohibited
29      from participating in the airport priority program for five consecutive years from the
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1      first fiscal year in which such priority program is funded by the legislature only if,
2      as, and when House Bill No. 80 of the 1989 Regular Session of the Legislature of
3      Louisiana is finally adopted and approved by the electorate.*
4      §807. Allocation, reallocation of funds; deposit to Transportation Trust Fund
5A. The Transportation Trust Fund shall be one of the source of state funds
6      provided for any airport aeronautical project on the priority list airport
7      development program commenced pursuant to the provisions of this Chapter. Prior
8      to the commencement of any work, the department shall require the presiding officer
9      or owner of each airport authority sponsor involved in a project to execute an
10      agreement and statement of sponsorship, and compliance certification which
11      includes but is not limited to an agreement to assume all maintenance and operation
12      and utility service costs for the project as may be required without cost to the state.
13B. Any monies allocated for any project not needed for said project may be
14      reallocated for the completion of any other project or projects specified. Any monies
15      not needed for the completion of said projects shall be deposited in and credited to
16      the Transportation Trust Fund, for reallocation to the Airport Construction and
17      Development Priority Airport Development Program.
18      §808. Preparation of plans and specifications; letting of bids for construction;
19supervision of construction
20The department may prepare or contract for the necessary plans and
21      specifications, may let the contract for bid, and may supervise the construction of the
22      project.
23      §809. Inspection
24A. The department may approve the engineering, and construction, and
25      design-build plans for any proposed airport projects that are prepared by consultant
26      or contract engineers for any recipient airport authority sponsor. The department
27      may inspect the construction of a project at any time to assure project compliance.
28B. The department may inspect a complete project with the consultant or
29      contract engineer. The sponsor or contract engineer shall notify the department
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1      in writing at least seven business days prior to the inspection being conducted.
2      The sponsor or contract engineer shall notify the department in writing at least seven
3      business days prior to the inspection being conducted. The sponsor shall certify to
4      the department as a condition of grant acceptance that construction is in accordance
5      with plans and specifications. The department may inspect a completed project at
6      any time to assure that the project is being maintained in accordance with project
7      specifications and agreements.
8*       *       *
9      §811. Audit of distribution to recipient airport authorities sponsors
10The monies distributed to the recipient authorities sponsors shall be audited
11      by the legislative auditor or a certified public accountant at least biennially pursuant
12      to R.S. 24:513(A) and shall issue and distribute all audit reports pursuant to R.S.
13      24:516(A). To the extent that funds available to the legislative auditor permit, the
14      audits of each recipient airport authority sponsor of the use of the monies shall
15      include an investigation of any failure to comply with the recommendations for
16      planning, design, and construction adopted by the department. The recipient airport
17      authority sponsor shall certify annually to the legislative auditor that the funds made
18      available under this Chapter have been expended in accordance with the standards
19      established by law.
20      §812. Report of any misuse of funds
21If the legislative auditor determines that any expenditures by the recipient
22      airport authority sponsor have not been made in accordance with this Chapter, he
23      shall promptly report the facts of such expenditure to the Legislative Audit Advisory
24      Council. The council shall make further investigation of the matter as it deems
25      necessary.
26      §813. Misuse of funds; withholding of distribution; notification of district attorney
27A.(1) If, on the basis of the report of the legislative auditor, or from its own
28      investigation, the Legislative Audit Advisory Council, hereinafter referred to as the
29      "council", determines that there has been a misuse by a recipient airport authority
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1      sponsor of funds from the program, it shall then determine whether a partial or total
2      withholding of the authority's sponsor's appropriation for any remaining portion of
3      the current fiscal year shall be necessary. Should the council determine that it is
4      necessary to withhold all or any part of the authority's sponsor's appropriation, the
5      council shall send notification of its determination to the co-chairmen of the joint
6      committee and to each member of the legislature who represents any portion of the
7      authority sponsor.
8(2) If, thirty days after the members of the legislature and the co-chairmen
9      of the Senate and House committees on transportation, highways, and public
10      works, are notified, the council determines that the misuse has not yet ceased, the
11      council shall send a resolution instructing the state treasurer and the department to
12      immediately suspend distributions to the airport authority sponsor of funds
13      appropriated for the program. The suspension of funds shall remain in effect until the
14      Legislative Audit Advisory Council verifies, in writing, to the state treasurer and the
15      department that the offending authority sponsor is again in compliance with this
16      Chapter. Such written verification shall be given when the legislative auditor
17      certifies to the council that, to the best of his knowledge, the authority sponsor is in
18      compliance with this Chapter or, in the absence of said certification, when the
19      council determines that the authority sponsor is in compliance with this Chapter.
20      Upon receipt of the council's written verification, the state treasurer and the
21      department shall reinstate the distribution of funds and distribute all funds
22      previously withheld to the affected recipient airport authority sponsor.
23(3) The council shall report any action it has taken with regard to the
24      suspension of funds to the joint committee Senate and House committees on
25      transportation, highways and public works and the legislature at the next regular
26      session, along with any recommendations it may have for forfeiture of suspended
27      funds by those authorities sponsors which are still in noncompliance with this
28      Chapter. Forfeiture of funds can be authorized only by the legislature.
29B. In any case where there has been a determination made by the council that
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1      there has been a misuse by a recipient airport authority sponsor of funds
2      appropriated for the program, the council shall furnish a copy of the written
3      resolution directing the state treasurer to withhold funds to the district attorney of the
4      parish or parishes where the misuse of funds occurred. The district attorney shall,
5      within thirty days, advise the chairman of the council as to action he has taken or
6      proposes to take in connection with the misuse of funds cited in the resolution.
7      Where future action is proposed by the district attorney, the council shall set a date
8      for receipt of further advice in the matter. Where such advice is not forthcoming
9      from the district attorney, or where it is evident that suitable action has not been
10      taken, the council shall report the matter to the joint committee and the legislature
11      at its next regular session for whatever action the joint committee and the legislature
12      deems advisable under the circumstances.
13      §814. Project development; schedule
14When aviation aeronautical projects receiving funding from the Federal
15      Aviation Administration are being negotiated by the department, the department, the
16      local sponsor, the department, the sponsor of the project, and the Federal Aviation
17      Administration shall agree upon an official schedule of project development which
18      shall set the project time schedule. If the department is unable to complete timely
19      reviews as stipulated within the schedule, for reasons solely in the control of the
20      department, the project shall be deemed to be approved in accordance with the
21      standard process of the Federal Aviation Administration.
22      §901. Creation and Program administration
23The General Aviation and Reliever Airport Maintenance Grant Program is
24      hereby created within the division of aviation aeronautics of the Department of
25      Transportation and Development for the purpose of providing for airport basic
26      airside airport maintenance to assist Louisiana general aviation and reliever airports
27      and to enhance their safety airports with the cost of maintenance materials and
28      implementation that enhance their safety of aircraft operations.
29      §902. Grant eligibility
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1A. Grants made through the program shall be limited to Louisiana general
2      aviation and reliever airports as identified in the airport system in accordance
3      with R.S. 2:802 and 804 and shall be awarded to those projects applications which
4      address basic airside airport maintenance needs and attempt to enhance safety of
5      aircraft operations and infrastructure issues at existing airport facilities.
6B. Each successful grant applicant shall provide a like match in funds from
7      other sources sponsor sources other than state funds. All matching funds must be
8      available to the program after the date of the grant award and funds spent prior to the
9      grant award shall not be considered in fulfillment of the match requirement.
10C. (1) Except as provided in Paragraph (2) of this Subsection, grants shall be
11      limited to not more than ten thousand dollars per airport per fiscal year.
12(2) Applications for additional grant money funding by an airport that has
13      been awarded the maximum amount in a fiscal year may be considered for additional
14      funding after April thirtieth of a fiscal year if all of the applications for grants which
15      have been submitted for the fiscal year have been accepted or rejected and any funds
16      in the grant program remain unallocated for the fiscal year.
17D. Funding through the grant program shall be subject to but not limited to
18      the following criteria:
19(1) The availability of funds.
20(2) A comparative needs analysis of requested projects applications as
21      determined by the division of aviation aeronautics.
22(3) Demonstrated safety benefits to be derived from the project application.
23      §903. Rules and regulations
24A. The department shall promulgate rules and regulations to implement this
25      Chapter which shall include but not necessarily be limited to:
26(1) Project Application submission.
27(2) Project Application evaluation, including but not limited to financial
28      feasibility.
29(3) Program administration.
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1(4) Prioritization of projects.
2(5) Grant awards.
3(6) Airport Certification program.
4(7) Airport compliance evaluation.
5*  *   *
6Section 2. R.S. 2:135.1(N)(3) and 1001 through 1004 are hereby repealed.
  The original instrument and the following digest, which constitutes no part
  of the legislative instrument, were prepared by Senate Legislative Services.
  The keyword, summary, 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)]
  DIGEST
SB 514 Engrossed  2026 Regular Session  Owen
Present law provides for definitions. Proposed law retains present law and updates
definitions for "department", "director" and "fixed base operator".
Present law provides for the secretary and employees of the department designated by him
to supervise and direct all aeronautic activities and facilities. Proposed law changes the
duties of aeronautics from the secretary of DOTD to the DOTD office of multimodal
commerce commissioner.
Present law provides for the secretary of DOTD to create the La. Advanced Aviation and
Drone Advisory Committee. Proposed law adds the commissioner of multimodal as a creator
of the advisory committee. Proposed law further adds a member from the governor's office
of homeland security and emergency preparedness as a member of the committee.
Proposed law adds the functions of the office of multimodal commerce, aeronautics
division.
Proposed law provides the legislature direct secretary and commissioner to establish an
advanced aeronautics director and functions to administer and progress advanced air
mobility and associated functions. Proposed law provides for the commissioner of the office
of multimodal commerce, or his designee, to serve as the department liaison with the Federal
Aviation Administration.
Proposed law provides the department may establish and operate funding and development
programs to support the development, adoption, economic integration, and promotion of
advanced aviation technologies in the state and develop programs in alignment with the
state's strategic economic plans.
Proposed law provides funding for programs may be derived from legislative appropriations,
federal grants, public-private partnerships, or other available sources.
Present law provides for duties of the department relative to aeronautics under the direction
of the secretary of DOTD. Proposed law removes duties from the secretary to the
commissioner of the office of multimodal commerce.
Present law provides for activities pertaining to aircraft registration, identification,
equipment, and enforcement delegated to the secretary of the Department of Public Safety
and Corrections or his designee. Proposed law moves the provisions relative to aircraft
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registration, identification, equipment, and enforcement from the secretary of DPS to the
DOTD, office of multimodal commerce commissioner.
Present law provides the secretary of DOTD may administer oaths when necessary and sign
any license or document relevant to the promotion or regulation of aviation, whether state
or federal. Proposed law changes this responsibility from the secretary of DOTD to the
DOTD, office of multimodal commerce commissioner.
Present law provides for powers and duties of the department and promulgation of rules and
regulations pertaining to aeronautics. Proposed law retains present law except for air
instruction and air marketing and all other nonfederal air navigation facilities.
Present law provides for the department to prescribe reasonable rules and regulations as it
deems necessary and advisable regarding curriculum, equipment, personnel, and operation
and management of all air instruction. Proposed law removes this provision.
Present law provides for protecting the health and safety of students receiving or to receive
instruction of student aviators. Proposed law removes this provision.
Present law provides for the promotion of aeronautics governing the establishment, location,
maintenance, and operation of all air markings, air beacons, and other air-navigation
facilities. Proposed law retains present law and removes the provisions governing the
establishment, location, maintenance and operation of air markings.
Present law provides the department of public works may plan, establish, construct, enlarge,
improve, maintain, equip, operate, regulate, protect, promote and police airports and air
navigation facilities within the state. Proposed law makes technical updates from the
department of public works to the department and includes that the department may
construct, install, equip, maintain, and operate at such airports buildings and other facilities
for the servicing of aircraft, education, workforce development, economic growth, and
public-private initiatives to leverage public airport assets and infrastructure to attract,
develop, and scale new and innovative entrants for transportation, logistics, and defense to
ensure alignment with market demand and collaboration of resources across the state.
Present law provides for the secretary of the DOTD to either transfer the Harry P. Williams
Memorial Airport in Patterson, Louisiana to the St. Mary Parish governing authority or to
take whatever steps are necessary to close the Harry P. Williams Memorial Airport and to
dispose of any interest the state may have in the airport. Proposed law repeals present law.
Proposed law makes technical changes.
Present law provides leases with a term of five years or more shall contain a provision for
periodic adjustments. Proposed law changes from periodic adjustments to annual periodic
adjustments.
Present law provides for the distribution of sales tax revenue when an airport is located in
more than one political subdivision and only applied when the majority of the acreage of
such airport was located within the parish of Jefferson. Proposed law provides sales and use
tax revenues generated at the airport only be used in accordance with the provision of FAA
policy and procedures.
Proposed law adds provisons for "airport sponsors". Proposed law further makes technical
corrections and updates authority and duties from the department of public works to DOTD.
Proposed law makes technical corrections and updates terminology including from "airport"
to "aeronautical" and the Department of Public Works to the DOTD.
Proposed law provides for a change from DOTD "office of aviation" to "aeronautics
division".
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Proposed law provides for all monies received by the aeronautics division be deposited in
the Transportation Trust Fund of the state treasury and, unless otherwise prescribed by the
agency from which such monies were received.
Proposed law updates definitions in the Airport Construction and Development program.
Proposed law further changes the methodology for airport project evaluation for applications
for state funding, the requirements necessary for legislative and public hearings of the airport
development program, and rules and regulations for the implementation of proposed law.
Effective August 1, 2026.
(Amends R.S. 2:1(15), (16), and (17), 2.1(B)(1), 5, 6(B)(1), 7, 7.1, 8, 9, 10, 13, 14, 81
through 87, 131(A), 135.1(F), (G), (H), (J), and (L)(1), 135.2, 135.3(A) and (B), 135.4(B),
136, 331(A), 381 through 384, 385(A) and (B), 386 (A) and (B), and 386(C)(intro para),
390, 601(5) and (6), 607(B), 609(2), 801 through 809, 811 through 814, 901, 902, 903(A);
adds R.S. 2:2.1(B)(2)(p), (G), (H), and (I); repeals R.S. 2:135.1(N)(3), and 2:1001 through
1004)
Summary of Amendments Adopted by Senate
    Committee Amendments Proposed by Senate Committee on Transportation,
  Highways, and Public Works to the original bill
    1.      Adds and updates terminology.
    2.      Changes and moves duties from the secretary of DOTD to the commissioner
  of multimodal commerce.
    3.      Removes duties from DOTD to the office of multimodal commerce.
    4.      Makes technical changes.
    5.      Changes the "Airport Priority Program" to the "Program of Airport
  Development" and changes requirements, regulations, procedures, and
  reporting requirements.
    6.      Repeals communication facilities.
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