The National Academies

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

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

  Project Data
Funds: $75,000
Research Agency: Kaplan, Kirsch, Rockwell LLP
Principal Investigator: Steven Osit
Effective Date: 3/30/2021
Completion Date: 9/19/2022

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. Recently, challenges to the imposition and use of a CFC have been mounted in several states by 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 law implicated by the imposition and use of a CFC; summarize applicable federal and state laws and regulations (including a state-by-state inventory of authorizing legislation, where it exists); and analyze any court decisions regarding the collection and use of CFCs. The research should collect, compile, and summarize an illustrative sample of CFC ordinances/rules. The research also should evaluate the ability to use CFCs 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 I, ACRP will make a determination whether to proceed with Phase II. 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 deliverable (DFD). 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 deliverable.
FUNDING: $75,000
30% paid upon submission and approval of the Task 1 Outline
45% paid upon submission and approval of the Task 3 Report
25% paid upon submission and approval of the Task 4 Final Report

Status: A publication decision is pending.


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