Preservation of Federal financial assistance for infrastructure and transportation development

(a)

No absolute liability on certain projects

For any project that receives Federal financial assistance, benefits from Federal tax incentives, or is subject to Federal permitting requirements, no action on the basis of absolute liability may be instituted by a covered person against a property owner or a party to a contract or subcontract relating to the property that is the subject of the project for any injury associated with an elevation or gravity-related risk occurring on that project. (b)

Comparative negligence liability standard for certain claims

For any project described in subsection (a)— (1)a State may not impose absolute liability in any form for elevation or gravity-related risks; and (2)a comparative negligence liability standard shall apply to any claim brought by a covered person against a property owner or contractor for an injury associated with an elevation or gravity-related risk in which— (A)such negligence is a proximate cause of an injury to a person; and (B)State law would otherwise apply absolute liability as the basis for such a claim. (c)

Federal preemption

This Act shall supersede and preempt any State law that imposes absolute liability standards for elevation or gravity-related risks on projects receiving Federal financial assistance. States shall adopt comparative negligence standards pursuant to this Act for claims arising under a project described in subsection (a). (d)

Federal court jurisdiction

All claims arising under this Act shall be subject to exclusive jurisdiction of the Federal courts of the United States, precluding State courts from applying absolute liability standards to covered projects. (e)

Definitions

In this section: (1)

Absolute liability

The term absolute liability means liability for a personal injury or death that is imposed without consideration of the responsibility of the injured person, including failure to follow safety instructions or safe work practices in accordance with training provided, failure to utilize provided safety equipment or devices, impairment by the use of drugs or alcohol, or involvement in a criminal act, when such failure, impairment, or act is a proximate cause of an injury to such person. (2)

Covered person

The term covered person means any person who supervises or performs any work on or who is otherwise affiliated with a project. (3)

Elevation or gravity-related risk

The term elevation or gravity-related risk means a hazard related to the effects of gravity either due to the difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured. (4)

Federal financial assistance

The term Federal financial assistance means any direct or indirect funding, including grants, loans, loan guarantees, tax credits, Build America Bonds, bonds, or other incentives provided by the Federal Government to support infrastructure or transportation development. (5)

Project

The term project means— (A)the construction, erection, demolition, repairing, altering, painting, cleaning, or pointing of a highway, bridge, tunnel, airport, railway, bus or railroad station, depot, pier, harbor, park, building, support facility, or utilities; and (B)any infrastructure associated with an activity described in subparagraph (A), including private developments required to modify public assets as a condition of construction or permitting. (6)

State

The term State includes an authority, agency, metropolitan planning organization, district, commission, corporation, or other political subdivision of, or affiliation with, a State or local government, or bi-State entity or compact. (f)

Workers’ compensation laws

Nothing in this section shall be construed to preempt any law of a State providing for workers’ compensation. (g)

Effective date

This section applies to claims arising from projects in which a State or local government accepts Federal financial assistance on or after January 1, 2026.