The National Academies

ACRP 11-01/Topic 11-03 [Pending]

Analysis of Laws, Regulations, and Case Laws Regarding Airport Customer Facility Charges
[ ACRP 11-01 (Legal Aspects of Airport Programs) ]

  Project Data
Funds: $50,000
Contract Time: 12 months
Staff Responsibility: Marci A. Greenberger

Many airports have imposed a customer facility charge (CFC) upon customers of rental car facilities located at the airport. These charges typically are applied to pay for the capital, and often, operating costs of a consolidated rental car facility at the airport. CFCs are also sometimes applied to pay for a portion of the costs of facilities, such as roadways or utilities, which support the consolidated rental car facility. Recent challenges to the imposition and use of a CFC have been mounted in several states by purported classes of rental car customers. Few states have directly regulated the collection and use of CFCs, with the notable exception of California. The legal basis for collecting and using CFCs is analyzed pursuant to federal and state constitutional law and through interpretation of contracts between the airport owner and the rental car companies.
The objective of this research is to examine state and federal constitutional provisions implicated in the imposition and use of a CFC as well as a summary of applicable federal and state laws and regulations. In addition, the digest will analyze court decisions on the collection and use of CFCs. The research should evaluate whether a CFC can be used for projects indirectly or unrelated to the facility for which the charge will be imposed. The analysis should be broadly applicable to imposition of charges for specific airport facilities.   
This research will be conducted in two phases and four tasks in a firm fixed price agreement. At the conclusion of Phase 1, ACRP will make a determination whether to proceed with Phase 2. The tasks will be as follows:
Phase I
Task 1. Conduct background research and collect relevant material. Based on the initial but complete review of the source materials, submit a detailed report outline. The outline should contain sufficient detail to describe what a report of appropriate length will contain. This outline should also contain the estimated pagination for each proposed section and/or subsection. This material will be submitted for ACRP consideration and approval. Participate in a conference call with the ACRP project review panel 3 weeks after submission of the outline.
Phase II
Task 2. After ACRP approval of the detailed outline, conduct additional research, and case and statutory/regulatory analysis. Collect additional primary data to the extent necessary.
Task 3. Submit an initial draft report in accordance with the approved outline (including any modification required by ACRP). Participate in a conference call with the ACRP project review panel 3 weeks after submission of the initial draft report.
Task 4. Revise the initial report as necessary and provide a red-line and clean version of the draft final report (DFR). The ACRP will provide written comments, each of which will need a point-by-point response. The report will be revised as appropriate and submitted as the final report.
FUNDING: $50,000
                                             25% paid upon submission and approval of the Task 1 Outline
                                             50% paid upon submission and approval of the Task 3 Report
                                             25% paid upon submission and approval of the Task 4 Final Report
 Status:  Pending

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