Spaceport America Executive Director Christine Anderson told lawmakers that the bill’s failure in the 2012 Legislature was a key reason behind one company’s decision to locate its headquarters in Florida — a state that already has OK’d the legal immunity being proposed. New Mexico is at risk for losing more potential spaceport clients, she said.

“It’s important we remain competitive,” she told lawmakers, who hashed out the topic late in the afternoon. “We can’t have a spaceport with only one tenant.”

Anderson referred to the Britain-based Virgin Galactic, which has an agreement in place with New Mexico to launch tourists to suborbital space from the state-owned Spaceport America….

Presenter David Jaramillo, member of the New Mexico Trial Lawyers Association and lobbyist for the group, argued against the proposal, saying the right of residents to seek legal remedies for their injury shouldn’t be curtailed to attract businesses.

“At what cost does New Mexico want to sacrifice its public policy in exchange for hypothetical economic development?” he asked.

New Mexico already has a law that grants immunity from litigation to spacecraft operators except in cases of gross negligence and intentional harm. However, an effort to extend those protections to spacecraft manufacturers and suppliers failed earlier this year.

The Legislature will not meet again in full session until 2013.

Read the full story.

Gov. Hickenlooper will sign Senate Bill 35 during an industry luncheon on Thursday, April 19 at the 28th National Space Symposium in Colorado Springs, the premier gathering of the global space community. The law limits liability for companies that would operate space flights from the proposed Spaceport Colorado.

“Commercial space offers a wealth of opportunities and Colorado intends to be at the forefront of the industry,” said Hickenlooper. “The signing of this bill represents our collective next step as a state to testing the limits of space.”

While the bill is a big step for Colorado, the state has already made giant leaps to expand its aerospace economy with private sector leaders pushing forward on commercial development in space exploration.

In fact, in the past year, according to the Metro Denver Economic Development Corporation’s (Metro Denver EDC) annual Industry Cluster Study, Colorado leapt forward to rank as the number two aerospace state for private sector employment, overtaking Florida.

“While other states have experienced job losses in recent years, our aerospace industry remains one of the strongest pillars of the Colorado and U.S. economy,” said Tom Clark, CEO of the Metro Denver EDC. “Not only does Colorado rank first in the United States for its high concentration of private aerospace jobs, but since 2006, aerospace employment in Colorado has grown 6.9 percent.”

In addition to Colorado’s efforts to pursue spaceport status, statewide industry stakeholders are also actively working to expand Colorado’s reach in unmanned aerial systems (UAS) research and development. With its variety of airspace, environmental conditions, and terrain, Colorado provides an ideal location for federal, state, and private UAS operations.

“It truly should come as no surprise that our state can deliver the innovation, expertise, and collaboration needed to support and grow the aerospace industry,” Colorado Lt. Gov. Joe Garcia explained. “Not only do we have the nation’s second most highly educated workforce, but Colorado’s research universities are at the forefront of space innovation and training the next generation of aerospace workers.”

Mile High Innovation

At the backdrop of the Rocky Mountains and a mile closer to space at 5,280 feet, Colorado is home to a strong concentration of space-related military commands, eight major aerospace contractors, several federal laboratories and research centers, and more than 400 companies that develop unmanned spacecraft, instrumentation, remote sensing, ground control and navigation services, and launch vehicles for NASA, the Department of Defense and other agencies.

Colorado companies are leading the nation’s most notable NASA projects and aerospace contracts, including:

• Lockheed Martin Space Systems Company, based in Jefferson County, is the prime contractor to NASA for the Orion Multi-Purpose Crew Vehicle, the nation’s first interplanetary spacecraft designed to carry astronauts beyond low Earth orbit on long-duration, deep space missions.
• NASA awarded Sierra Nevada Corporation, located in Louisville, an $80 million contract to continue developing Dream Chaser, a space transportation system to carry passengers and cargo into suborbital and orbital flights, including trips to the International Space Station.
• United Launch Alliance, headquartered in Centennial, recently received a $1.5 billion contract from the U.S. Air Force for nine rocket launches to be completed by June 2014. The company also received a $446 million NASA contract to launch the GOES-R and GOES-S climate-monitoring satellites in 2015 and 2017.

Several recent national reports and studies have pegged Colorado as having one of the nation’s strongest economies, and the state’s growth in aerospace is a major contributor. The Beacon Hill Institute ranked Colorado third-best among the 50 states in its latest State Competitiveness Report and the state is among the top six in overall job growth from February 2011 to February 2012.

To learn more about Colorado’s space economy, visit the Colorado Space Coalition’s website at www.spacecolorado.org.

Mojave Air and Space Port General Manager Stu Witt is making some progress in his campaign to get Sacramento to provide more support for his facility and the aerospace industry across California.

Witt told the East Kern Airport District Board of Directors on Tuesday that he recently got a call from the office of Gov. Jerry Brown, which will be sending an advance team from the state’s Office of Economic Development for a one-day visit to the desert spaceport. The call came after a letter of support from Larry Adams and Jay Sprague, president and vice president, respectively, of the California City Development Corporation.

Although the Mojave spaceport is thriving as an R&D center, it is doing so in spite of a terrible business climate caused by high taxes and burdensome regulations, Witt believes. The state is under serious threat of losing its innovative aerospace companies to other states that are offering financial incentives and looser regulations. The state earlier lost its aircraft industry in a similar manner.

In February, Witt launched a campaign to get the state to provide incentives similar to those being offered by Florida, New Mexico and Virginia. Specifically, Witt is looking for “legislation to limit liability as this new industry develops, ‘Zero G  Zero Tax’ zones to provide tax incentives for investing in companies involved in space-related activities, tax credits for aerospace job creation, cash incentives, taxpayer-financed infrastructure, and loans to attract and retain this industry.”

Legislation that will limit the liability of spacecraft operators for spaceflight participants’ injuries except in cases of gross negligence or intentional harm is making its way through the California Legislature. The measure, introduced by Assemblyman Steve Knight, would put the Golden State on par with New Mexico, Virginia and Florida, which have passed similar legislation.

Witt is hoping for support from Brown, who was labeled as “Governor Moonbeam” during an earlier stint running California for his visionary ideas about how to use space to improve the lives of citizens. His ideas including using communications satellites to allow people to communicate via hand-held devices.

By Douglas Messier

A limited liability bill protecting spacecraft operators from lawsuits except if they are grossly negligent or intentionally cause injury to spaceflight participants is making its way through the California Legislature. The measure would put the state on an even footing with New Mexico, Virginia and Florida, which have passed similar measures.

The bill, introduced by Assemblyman Steve Knight of California’s 36th district, would

require a space flight entity, as defined, to collect a signed warning statement, as specified, from each participant in space flight activities, as defined. In addition to the disclosures required by federal law, the bill would require the warning statement to, at a minimum, inform the participant that the space flight entity is not liable for bodily injury sustained as a result of the risks associated with space flight activities. The bill would limit the liability of a space flight entity that complies with these provisions, except as provided. The bill would state findings and declarations of the Legislature regarding the nature of the space flight industry.

The liability protection does not apply to situations in which a spacecraft operator

(1) Commits an act or omission that constitutes gross negligence evidencing willful or wanton disregard for the safety of the participant, and that act or omission proximately causes a participant injury.

(2) Intentionally causes a participant injury.

Knight introduced the legislation in February; it was amended in late March. It must now pass the Assembly and the Senate and be signed by Gov. Jerry Brown.

It is the first part of a campaign spearheaded by Mojave Air and Space Port General Manager Stu Witt to get California to offer regulatory relief and financial assistance to keep the burgeoning commercial space industry from moving to states with better business climates. Earlier this week, Witt reported progress in the effort, saying that the Governor’s Office will send an advance team from the Office of Economic Development on a one-day visit to the spaceport.

The full text of the amended bill is below.

BILL NUMBER: AB 2243
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Knight
FEBRUARY 24, 2012

An act to add Article 5 (commencing with Section 2210) to Chapter 5 of Title 7 of Part 4 of Division 3 of the Civil Code, relating to space flight.

LEGISLATIVE COUNSEL’S DIGEST

AB 2243, as amended, Knight. Space flight: Space Flight Liability and Immunity Act.

Existing state law governs common carriers, including contracts for the conveyance of property, persons, or messages from one place to another.

Federal law specifically governs commercial space flight activities. Among other provisions, federal law requires that space flight providers obtain the written consent of space flight participants and liability insurance.

This bill would require a space flight entity, as defined, to collect a signed warning statement, as specified, from each participant in space flight activities, as defined. In addition to the disclosures required by federal law, the bill would require the warning statement to, at a minimum, inform the participant that the space flight entity is not liable for bodily injury sustained as a result of the risks associated with space flight activities. The bill would limit the liability of a space flight entity that complies with these provisions, except as provided. The bill would state findings and declarations of the Legislature regarding the nature of the space flight industry.

Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act shall be known and may be cited as the Space Flight Liability and Immunity Act.

SEC. 2. The Legislature finds and declares all of the following:

(a) California has a long tradition of pioneering aviation over the last century, and human space flight since the Apollo era.

(b) California was the site of the first private human space flight event. This achievement resulted in the winning of the Ansari X Prize in Mojave, California, in 2004.

(c) Over the past few decades, California has lost much of its human space flight industry to other states, such as Alabama, Colorado, Florida, New Mexico, and Texas.

(d) The human space flight business in California continues to struggle due to the poor business climate in general.

(e) Human space flight is a young industry reminiscent of other industries in which the hazards were understood, but which would not have thrived in an inappropriately litigious environment.

(f) The States of Florida, Texas, and Virginia have acted to relieve the business risks associated with new and well-financed companies that provide human space flight by passing legislation limiting the liability of such providers, and the States of Colorado and New Mexico are in the process of passing similar legislation. Consequently, these states will become a magnet for human space flight companies currently doing business in California.

SEC. 3. Article 5 (commencing with Section 2210) is added to Chapter 5 of Title 7 of Part 4 of Division 3 of the Civil Code, to read:

Article 5. Space Flight Liability and Immunity 2210. For purposes of this article:

(a) “Participant” means a space flight participant as defined in Section 70102 of Title 49 of the United States Code.

(b) “Participant injury” means a bodily injury, including death, emotional injury, or property damage, sustained by the participant.

(c) “Space flight activities” means launch services or reentry services as defined in Section 70102 of Title 49 of the United States Code.

(d) “Space flight entity” means any public or private entity that holds, either directly or through a corporate subsidiary or parent, a license, permit, or other authorization issued by the United States Federal Aviation Administration pursuant to the federal Commercial Space Launch Amendments Act of 2004 (49 U.S.C. Sec. 70101 et seq.), including, but not limited to, a safety approval and a payload determination. “Space flight entity” shall also include a manufacturer or supplier of components, services, or vehicles that have been reviewed by the United States Federal Aviation Administration as part of issuing a license, permit, or authorization pursuant to the federal Commercial Space Launch Amendments Act of 2004.

2211. (a) A space flight entity providing space flight activities to a participant shall have each participant sign a warning statement that shall contain, at a minimum, and in addition to any language required by federal law, the following notice:

“WARNING AND ACKNOWLEDGMENT: I understand and acknowledge that, under California law, there is no civil liability for bodily injury, including death, emotional injury, or property damage, sustained by a participant as a result of the risks associated with space flight activities provided by a space flight entity. I have given my informed consent to participate in space flight activities after receiving a description of the risks associated with space flight activities, as required by federal law pursuant to Section 70105 of Title 49 of the United States Code and Section 460.45 of Title 14 of the Code of Federal Regulations. The consent that I have given acknowledges that the risks associated with space flight activities include, but are not limited to, risk of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement.”

(b) Failure to comply with the requirements provided in this section shall prevent a space flight entity from invoking the privileges of immunity provided by Section 2212.

2212. (a) Except as provided in subdivision (c), a space flight entity shall not be liable for participant injury arising out of space flight activities if both of the following apply:

(1) The participant has been informed of the risks associated with space flight activities as required by federal law and Section 2211.

(2) The participant has given his or her informed consent that he or she is voluntarily participating in space flight activities after having been informed of the risks associated with those activities, as required by federal law and this section.

(b) If informed consent is given pursuant to subdivision (a), a participant, his or her representative, including the heirs, administrators, executors, assignees, next of kin, and estate of the participant, or any person who attempts to bring a claim on behalf of the participant for a participant injury, shall not be authorized to maintain an action against, or recover from, a space flight entity for a participant injury that resulted from the risks associated with space flight activities, except as provided in subdivision (c).

(c) Nothing in this section shall prevent or limit the liability of a space flight entity if it does either of the following:

(1) Commits an act or omission that constitutes gross negligence evidencing willful or wanton disregard for the safety of the participant, and that act or omission proximately causes a participant injury.

(2) Intentionally causes a participant injury.

(d) Any limitation on legal liability afforded by this section to a space flight entity is in addition to any other limitations of legal liability otherwise provided by law.

Senator files bill in advance of commercial space travel
WOAI.com

Senator Carlos Uresti has filed Senate Bill 115, also known as the “Space Flight Liability” bill.  It would protect private space flight companies from being sued if passengers on board are injured or killed.  Uresti says if he would have waited to file the bill until the next legislative session in two years, that could be too late.

The start of commercial space flight has been taking off around the country.  Last week, a private ship that took off from Florida orbited the Earth in just a few hours….

On the edge of Uresti’s district, the space flight company “Blue Origin” has been launching test flights from their West Texas Launch site. Engineers expect to send up the first human being in 2012.

Read the full story.

Spaceport America

Senate OKs liability bill for spaceport
Associated Press

Legislation aimed at protecting New Mexico’s spaceport from liability while the commercial space industry tackles the hazards of space flight was approved Friday on a 37-0 vote in the state Senate.

The approval is a victory for spaceport director Steve Landeene, who has portrayed the bill as critical to developing the $200 million complex located 45 miles north of Las Cruces.

“We’re not quite there yet, but it was great seeing the Senate give us unanimous support,” Landeene said.

The legislation, which next goes to the House, outlines risks of space flight and requires companies taking anyone into space to obtain a signed waiver where the passenger acknowledges inherent dangers.

Read the full story.

Giving his final State of the State address, New Mexico Gov. Bill Richardson gave a big shout-out to one of his signature projects, Spaceport America.

I’m pleased to report that Spaceport America is ahead of schedule and under budget. As we speak four hundred and sixty-seven new workers are on the job constructing the first commercial spaceport in the world, with one hundred and fifty to three hundred more hires expected over this year.

The Spaceport is fulfilling its promise of inspiring young men and women to study math and science, developing our southern and statewide economy, and expanding tourism. For those who doubt if the Spaceport will bring in business, you should know that Virgin Galactic has over forty two million dollars deposited for more than three hundred reservations.

The demand is there. New Mexico will get its return on investment.

To make sure New Mexico remains competitive against Virginia, Florida and Texas, I’m asking this body to pass legislation allowing participants to assume the risks of spaceflight.

Richardson was referring to a proposed law that would protect spaceflight operators such as Virgin Galactic from being sued except in cases of gross negligence as long as tourists sign waivers accepting the risks. The space tourism has argued that without such legislation, they would be in danger of being sued out of business in the event of fatal accidents. Similar laws exist in Florida, Virginia and Texas.

Richardson is in the final year of his second term as New Mexico’s governor. He is barred from seeking a third term under law.