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Airport Customer Facility Charges: Analysis of Laws, Regulations, and Case Law (2023)

Chapter: APPENDIX A. STATE STATUTES RELATED TO CFCS

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Suggested Citation:"APPENDIX A. STATE STATUTES RELATED TO CFCS." National Academies of Sciences, Engineering, and Medicine. 2023. Airport Customer Facility Charges: Analysis of Laws, Regulations, and Case Law. Washington, DC: The National Academies Press. doi: 10.17226/27049.
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Page 21

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ACRP LRD 45 21 on airports’ imposition, collection, or use of CFCs. Moreover, because CFCs are generally imposed through a combination of local ordinance and concession agreements, it is important that practitioners structure these documents to ensure that CFCs are, among other things, properly considered the trust property of the airport proprietor, regardless of how they are collected and ultimately remitted to the airport. Practitioners should also be aware of the treatment of CFCs and other types of airport- imposed fees on nonaeronautical users under state and federal law, which may be helpful in responding to claims regarding the imposition of CFCs, the treatment of CFCs upon the filing of a bankruptcy petition, or in financing large development projects. APPENDIX A. STATE STATUTES RELATED TO CFCS Alaska Alaska Stat. § 02.15.090 California Cal. Civ. Code § 1939.01 Cal. Civ. Code § 1939.17 Cal. Civ. Code § 1939.19 Cal. Gov. Code § 50474.3 Cal. Gov. Code § 50474.21 Cal. Gov. Code § 50474.22 Colorado Colo. Rev. Stat. § 6-1-206 Hawaii Haw. Rev. Stat. § 261-5 Haw. Rev. Stat. § 261-5.6 Haw. Rev. Stat. § 261-7 Haw. Rev. Stat. § 437D-3 Haw. Rev. Stat. § 437D-8.4 Illinois 625 Ill. Comp. Stat. 5/6-305 Nevada Nev. Rev. Stat. Ann. § 482.3158 New York NY Gen. Bus. Law § 396-z Pennsylvania 74 Pa. Cons. Stat. S.A. § 5933 Rhode Island R.I. Gen. Laws § 1-2-1.1 Washington Wash Rev. Code § 14.08.120

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Customer facility charges (CFCs) are imposed by airport proprietors on customers of rental car companies at airports to pay for capital and operating costs of rental car facilities. CFCs have relatively little federal regulatory oversight, and most are implemented through local municipal acts and/or contractual arrangements. Recently, challenges to the imposition and use of CFCs and other airport fees and charges have been mounted in several states.

ACRP Legal Research Digest 45: Airport Customer Facility Charges: Analysis of Laws, Regulations, and Case Law, from TRB's Airport Cooperative Research Program, examines legal issues arising under state and federal law from the imposition and use of CFCs. The digest includes an inventory of state-level authorizing legislation in jurisdictions that regulate CFCs. Judicial decisions regarding the collection and use of CFCs and related issues are also analyzed.

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