| Chapter 036 |
| 2021 -- S 0519 Enacted 06/01/2021 |
| A N A C T |
| RELATING TO AERONAUTICS -- RHODE ISLAND T.F. GREEN INTERNATIONAL AIRPORT |
Introduced By: Senators McCaffrey, Archambault, Kallman, and Anderson |
| Date Introduced: March 04, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 1-2 of the General Laws entitled "Airports and Landing Fields" is |
| hereby amended by adding thereto the following section: |
| 1-2-22. Rhode Island T.F. Green International Airport. |
| The state airport located in the city of Warwick known as Theodore Francis Green state |
| airport or T.F. Green state airport, shall hereafter be officially named and known as "Rhode Island |
| T.F. Green International Airport". |
| SECTION 2. Sections 1-2-1.1, 1-2-7, 1-2-16, 1-2-17, 1-2-17.2, 1-2-18 and 1-2-21 of the |
| General Laws in Chapter 1-2 entitled "Airports and Landing Fields" are hereby amended to read as |
| follows: |
| 1-2-1.1. Powers relating to vehicular traffic accessing airport facilities -- T.F. Green |
| state airport. Powers relating to vehicular traffic accessing airport facilities -- Rhode Island |
| T.F. Green International Airport. |
| (a) (1) The Rhode Island airport corporation is authorized: |
| (i) To impose charges on customers of rental companies, as defined in § 31-34.1-1, who |
| directly or indirectly use Warwick Station or the T.F. Green state airport Rhode Island T.F. Green |
| International Airport, at the rates that the Rhode Island airport corporation may deem necessary to |
| provide adequate revenue to pay all costs of constructing, reconstructing, expanding, reconfiguring, |
| operating, and maintaining Warwick Station regardless of whether those charges may have an |
| anticompetitive effect; and |
| (ii) To regulate the access of vehicular traffic to airport properties including by excluding |
| one or more classes of vehicular traffic from accessing portions of airport roadways, parking lots, |
| curbsides, and other vehicular facilities. |
| (2) Nothing in this section shall be construed to limit the authority of Rhode Island airport |
| corporation to impose other fees, charges, rates, or rentals including any other fees, charges, rates, |
| or rentals imposed on rental companies or to adopt other regulations. |
| (b) All customer facility charges collected under the authority of paragraph subsection |
| (a)(1)(i) of this section and all customer facility charges collected by any rental company from |
| customers under color of those provisions, or pursuant to regulations adopted by the airport |
| corporation, constitute a trust fund for the airport corporation until paid. That trust is enforceable |
| against: (1) the The rental company; (2) any Any officer, agent, servant, or employee of any rental |
| company responsible for either the collection or payment, or both, of the customer facility charge; |
| (3) any Any person receiving any part of the fund without consideration, or knowing that the rental |
| company or any officer, agent, servant, or employee of any rental company is committing a breach |
| of trust; and (4) the The estates, heirs, and representatives of persons or entities described in |
| subdivisions (1) -- (3) of this subsection subsections (b)(1)-(b)(3); provided, that a customer to |
| whom a refund has been properly made, or any person who receives payment of a lawful obligation |
| of the rental company from that fund, is presumed to have received that amount in good faith and |
| without any knowledge of the breach of trust. |
| (c) If the airport corporation or any officer of the corporation believes that the payment to |
| the airport corporation of the trust fund established under subsection (b) of this section will be |
| jeopardized by delay, neglect, or misappropriation, the airport corporation or officer shall notify |
| the rental company that the trust fund shall be segregated, and kept separate and apart from all other |
| funds and assets of the rental company and shall not be commingled with any other funds or assets. |
| The notice shall be given by either hand delivery or by registered mail, return receipt requested. |
| Within four (4) days after the sending of the notice, all of the customer facility charges which |
| thereafter either become collectible or are collected shall be deposited daily in any financial |
| institution in the state as defined in title 19 and those customer facility charges designated as a |
| special fund in trust for the airport corporation and payable to the airport corporation by the rental |
| company as trustee of that fund. |
| (d) The penalty for misappropriations provided by § 44-19-37 shall apply as though that |
| section referred to "customer facility charge" in each place where it refers to "tax". |
| (e) The provisions of subsections (b), (c), and (d) of this section are not exclusive, and are |
| in addition to all other remedies which the airport corporation may employ in the enforcement and |
| collection of customer facility charges. |
| 1-2-7. Leases, concessions, and licenses. |
| (a) The department of transportation may lease any portion of any airport or landing field |
| owned or operated by the state or any of the buildings or structures erected on any airport or landing |
| field and grant concessions upon portions of any airport or landing field owned or operated by the |
| state for a period not exceeding five (5) years, with or without renewal options for a like period, in |
| the manner prescribed by § 37-7-9. Where a substantial building, renovation, improvement, or |
| addition to an existing building is to be constructed for any airport or aeronautical service, activity, |
| purpose, or function or any allied service, activity, purpose, or function, the department may lease |
| in the manner provided in § 37-7-9 any portion of any airport or landing field owned or operated |
| by the state for a period not exceeding thirty (30) years. |
| (b) In all department leases, concessions, licenses, and in all landing fee schedules imposed |
| by the department, provisions shall be included requiring a graduated scale of payments designed |
| to encourage take-offs and landings between the hours of 6:30 a.m. and midnight (12:00 a.m.). Any |
| landings occurring after midnight (12:00 a.m.) and before 6:30 a.m. because of conditions beyond |
| the control of the airlines and/or aircraft operator are not subject to any additional landing fees. |
| (c) The department shall include a provision in all leases, licenses, and concessions |
| requiring aircraft landing at Theodore Francis Green State Airport Rhode Island T.F. Green |
| International Airport: |
| (1) To be equipped with noise and emission abatement devices as required by federal law |
| or regulation in effect on July 1, 1985; and |
| (2) By January 1, 1989, to be equipped with noise and emission abatement devices as |
| contained in federal aviation regulation, part 36, noise standards: aircraft type and airworthiness |
| certification scheduled to take effect on January 1, 1989. |
| 1-2-16. Noise and emissions directives. |
| The director is directed to issue operating procedures and directives requiring that aircraft |
| utilizing Theodore Francis Green State Airport Rhode Island T.F. Green International Airport, to |
| the greatest extent possible, commensurate with passenger safety and federal law and regulation, |
| minimize the use of reverse engine thrust employed to slow an aircraft as it lands. |
| 1-2-17. Payment for compensation for municipal services to the city of Warwick. |
| The Rhode Island airport corporation, from a parking surcharge at the T.F. Green state |
| airport Rhode Island T.F. Green International Airport as defined by a 1988 agreement between the |
| state acting by and through the director of transportation and the city of Warwick, shall pay to the |
| city of Warwick out of the parking revenue received at T.F. Green state airport Rhode Island T.F. |
| Green International Airport as compensation for municipal services provided at T.F. Green state |
| airport Rhode Island T.F. Green International Airport a sum of not less than two hundred seventy- |
| five thousand dollars ($275,000) for fiscal year 1994 payable quarterly; for each fiscal year after |
| 1994, this sum may be reviewed and/or renegotiated, or both, by the mayor of the city of Warwick |
| and the airport corporation, but in no event will the sum be less than five hundred thousand dollars |
| ($500,000) in any fiscal year beginning after 1993 and before 2005, or less than seven hundred fifty |
| thousand dollars ($750,000) in any fiscal year beginning after 2004, provided any payments |
| provided or any portion of these payments is not disapproved by the F.A.A FAA. In the event that |
| the F.A.A. FAA disapproves this payment from the airport corporation, the state shall pay to the |
| city of Warwick the sums of money required to insure that the city of Warwick receives five |
| hundred thousand dollars ($500,000). |
| 1-2-17.2. Municipal services at T.F. Green airport Municipal services at Rhode Island |
| T.F. Green International Airport. |
| (a) The municipal services to be provided to the T.F. Green airport Rhode Island T.F. Green |
| International Airport as referenced in § 1-2-17 shall include, but not be limited to: |
| (1) Providing primary response and command for all structure fire alarms on the airport |
| corporation property outside the airfield, and E-911 reporting system calls for extrications, |
| industrial accidents, motor vehicle accidents, confined-space incidents, hazardous-material |
| incidents and spills outside the airfield, and secondary response to airfield incidents on Rhode |
| Island airport corporation property; |
| (2) Responding to and providing treatment and transportation for all emergency medical |
| service calls on Rhode Island airport corporation property; and |
| (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or |
| emergency resulting from airport operations. |
| (b) Nothing in this section shall be construed to limit the jurisdiction of the state police in |
| connection with response to or command of any emergency incident on the airport corporation |
| property. |
| 1-2-18. Parking fees in support of satellite airports. |
| (a) Moneys due and payable to the state from any increase in parking fees at the T.F. Green |
| state airport Rhode Island T.F. Green International Airport, beyond those in effect May 1, 1991, |
| shall be deposited in a restricted-receipt account entitled "parking fees in support of airports". |
| (b) The receipts annually transferred to the account in support of the operations of airports |
| shall not exceed the amount approved by the general assembly. Revenues in excess of the amount |
| approved by the general assembly for expenditures shall be recorded as general revenue of the state |
| and transferred to the general fund. |
| 1-2-21. Payment for compensation for municipal services to state airports. |
| (a) The Rhode Island airport corporation shall, subject to the approval of the Federal |
| Aviation Administration, reimburse any municipality for the cost of municipal services provided |
| by the municipality at any airport constructed or operated by the state upon receipt of appropriate |
| documentation from the municipality in accordance with the requirements of the Federal Aviation |
| Administration's Policy and Procedures Concerning the Use of Airport Revenue, Section V |
| (Permitted Uses of Airport Revenue). D. Standard of Documentation for the Reimbursement to |
| Government Entities of Costs of Services and Contributions Provided to Airports 64 Fed. Reg. |
| 7996.7719 (1999). |
| (b) This section shall not apply to the city of Warwick or T.F. Green state airport Rhode |
| Island T.F. Green International Airport. |
| (c) The municipal services to be provided to the airports as referenced in subsection (a) |
| shall include, but not be limited to: |
| (1) Providing primary response and command for all structure fire alarms on the airport |
| corporation property outside the airfield and E-911 reporting system calls for extrications, industrial |
| accidents, motor vehicle accidents, confined-spaced incidents, hazardous-material incidents and |
| spills outside the airfield, and secondary response to airfield incidents on Rhode Island airport |
| corporation property; |
| (2) Responding to and providing treatment and transportation for all emergency medical |
| service calls on Rhode Island airport corporation property; and |
| (3) Maintaining a mutual aid agreement to respond to any potential catastrophe or |
| emergency resulting from airport operations. |
| (d) Nothing in this section shall be construed to limit the jurisdiction of the state police in |
| connection with response to, or command of, any emergency incident on the airport corporation |
| property. |
| SECTION 3. Sections 1-5-1 and 1-5-2 of the General Laws in Chapter 1-5 entitled |
| "Permanent Noise Monitoring Act - Aircraft Operations Monitoring System" are hereby amended |
| to read as follows: |
| 1-5-1. Establishment and installation of aircraft operations monitoring system. |
| (a) The Rhode Island airport corporation is authorized and directed to coordinate with the |
| federal aviation administration to complete a memorandum of agreement between the Rhode Island |
| airport corporation and the federal aviation administration (FAA) to provide for the continuing |
| acquisition of air traffic control radar records related to the operation of civil aircraft at T.F. Green |
| airport Rhode Island T.F. Green International Airport. |
| (b) The Rhode Island airport corporation is authorized and directed to install an aircraft |
| operations monitoring system (AOMS) which that shall be capable of providing detailed and |
| summary information related to the operation of aircraft at and in the vicinity of T.F. Green airport |
| Rhode Island T.F. Green International Airport. The AOMS shall be capable of plotting and |
| displaying over area mapping the ground-projected flight tracks and related altitudes of aircraft |
| which that use the airport. The system shall be capable of displaying flight tracks of individually |
| identified aircraft based on time and location of operation. The system shall have the capability to |
| produce data files in both digital and hard copy format. |
| (c) The AOMS shall further be capable of producing summary reports which that shall, at |
| a minimum: |
| (1) Relate aircraft location data derived from air traffic control radar with individual |
| activity events, based on time and location within the airport environs; |
| (2) Produce summary reports which that disclose the use of runways by type of operation |
| (landings or takeoffs), time of day, aircraft user group, and any other groupings which that may |
| from time to time become desirable at the option of the system user; and |
| (3) Disclose the activity levels by aircraft types, including, but not limited to, operations |
| by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators, |
| all presented by periods of time selected by the system operator. |
| (d) The AOMS reports shall be capable of expansion to provide additional data relating to |
| flight track or corridor utilization, air traffic fix usage, and other information which that may |
| become desirable as a result of noise abatement and land use compatibility planning. |
| (e) The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode |
| Island airport corporation is unable to complete a memorandum of agreement with the FAA as |
| provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction |
| by the corporation, then the director of the corporation may request the general assembly to extend |
| the June 30, 1999 date as appropriate. |
| 1-5-2. Copies of reports to government entities. |
| The Rhode Island airport corporation will prepare a report on a quarterly basis pertaining |
| to the volume and quantity and flight track of air traffic at the T.F. Green airport Rhode Island T.F. |
| Green International Airport in the city of Warwick, occurring during each quarter being reported |
| on. These reports shall be submitted on a quarterly basis in each and every calendar year to: the |
| office of the governor; the office of the president of the senate; the office of the senate minority |
| leader; the office of the speaker of the house; the office of the house minority leader; and the Rhode |
| Island department of environmental management and the mayors of the cities of Warwick and |
| Cranston. |
| The report will include the total number of aircraft landings and departures, by aircraft type |
| and time of day; an analysis of the amount of total usage of the runways during the reporting period; |
| actual deviation from approved Part 150 departure and arrival flight paths by percent, runway, |
| airline and time; and other information as may be desirable to ensure compliance with approved |
| noise abatement and land use compatibility plans. |
| SECTION 4. Section 1-6-1 of the General Laws in Chapter 1-6 entitled "Warwick Airport |
| Parking District" is hereby amended to read as follows: |
| 1-6-1. Definitions. |
| As used in this chapter: |
| (1) "Administrator" means the state tax administrator. |
| (2) "District" means the Warwick airport parking district, being the district that runs from |
| a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport |
| Rhode Island T.F. Green International Airport, and westerly along Main Avenue to a point one- |
| third (1/3) mile west of the intersection of Main Avenue with Post Road; turning thence northerly |
| running along a line parallel to and one-third (1/3) mile west of Post Road to a point one mile north |
| of the line of Airport Road; thence turning east running along a line parallel to and one-third (1/3) |
| mile north of the line of Airport Road to Warwick Avenue; thence turning south along Warwick |
| Avenue to Airport Road; thence turning west along Airport Road to the boundary of T.F. Green |
| state airport Rhode Island T.F. Green International Airport; thence running southerly along the |
| boundary of T.F. Green state airport Rhode Island T.F. Green International Airport to the point of |
| beginning. If any parking facility (including entrances, driveways, or private access roads) is |
| constructed partly within the district as so defined, the entire facility shall be treated as though |
| within the district. |
| (3) "Operator" means any person providing transient parking within the district. |
| (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in |
| an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the |
| operator for transient parking during the period of a permit's effectiveness, but not more than two |
| hundred fifty dollars ($250) for each permit. |
| (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other |
| parking facility within the district for which a fee is collected by the operator, but excludes: |
| (i) Parking for which the fee is charged and paid on a monthly or less frequent basis; |
| (ii) Parking for any employee of the operator of the facility; |
| (iii) Parking provided by any hotel or motel for registered guests; |
| (iv) Parking provided by validation or having a validated rate, where the person providing |
| the validation does not maintain a place of business at T.F. Green state airport Rhode Island T.F. |
| Green International Airport. |
| (6) "Transient parking receipts" means the gross receipts collected by an operator |
| (excluding the surcharge imposed by this chapter) in consideration of the provision of transient |
| parking. |
| SECTION 5. Sections 1-7-1 and 1-7-2 of the General Laws in Chapter 1-7 entitled "The |
| Permanent Air Quality Monitoring Act" are hereby amended to read as follows: |
| 1-7-1. Long-term air-quality-monitoring program. |
| (a) The Rhode Island airport corporation (RIAC) shall design, acquire, install, operate, and |
| maintain a long-term air-quality-monitoring program in the vicinity of T.F. Green airport. Rhode |
| Island T.F. Green International Airport. The corporation may hire a consultant to perform these |
| tasks. |
| (b) The monitoring program shall provide for the monitoring of all of the following: |
| (1) Particulate matter, including only particles less than 0.1 microns, and black carbon. |
| (2) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1]. |
| (3) [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1]. |
| (c) (1) The design of the monitoring program shall: |
| (i) Include an implementation schedule for the components of the monitoring program set |
| forth in subsection (b); and |
| (ii) Assure the quality and meaningfulness of the monitoring data; and |
| (iii) Be set forth in a draft work plan developed, in consultation with the department of |
| environmental management and the department of health. |
| (2) The consultation with the department of environmental management and the |
| department of health shall include, but not be limited to: |
| (i) Ensuring that peer review is employed in the development of an air-quality-monitoring |
| strategy; |
| (ii) Providing the corporation with unbiased reviews of current, validated scientific |
| knowledge relevant to air-quality monitoring and public health impacts; |
| (iii) Assisting with the review of work plans and reports; |
| (iv) Evaluating and comparing the corporation's proposed methodologies, quality- |
| assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by |
| either state or federal law in order to ensure consistency and comparability among the |
| methodologies and criteria. |
| (d) The draft work plan and the final work plan shall describe and justify with reasonable |
| specificity all significant aspects of the monitoring program, including, but not limited to: quality |
| assurance procedures and a description and justification of the number, type, and location of the |
| ambient air-quality monitors to be installed as part of the long-term monitoring program. The |
| ambient air-quality monitors shall be set up in a network that shall include at least four (4) |
| monitoring sites and shall be designed to measure air-quality impacts from airport operations, |
| including those associated with planes operating on the extended runway and on neighborhoods |
| adjacent to the airport facility, as well as at the Winslow Park playing fields. |
| (e) Notwithstanding the consultation requirement, the draft work plan shall be submitted |
| to the department of environmental management and the department of health within thirty (30) |
| days of the effective date of this section for review and comment, pursuant to chapter 35 of title 42. |
| The departments shall provide comments within thirty (30) days of receipt of the draft work plan. |
| Following the departments' review and comment period, the draft work plan shall be made available |
| for review and comment by members of the general public, and the air-quality-monitoring public |
| advisory committee, established by this chapter, pursuant to chapter 35 of title 42. Adoption of the |
| final work plan by the corporation shall be in accordance with chapter 35 of title 42. The final work |
| plan shall be submitted to the governor, the speaker of the house of representatives, and the |
| president of the senate by the corporation no later than October 30, 2007. |
| (f) The final work plan and all revised final work plans shall include a reasonable |
| evaluation of funding sources, such as federal grants, that may be available to the corporation to |
| cover some or all of the costs of the air-quality monitoring. |
| (g) Amendments to the final work plan may be proposed by the corporation in consultation |
| with the department of environmental management and the department of health on or before |
| March 30, 2009, and every March 30, thereafter. Amendments to the final work plan may also be |
| proposed by the department of environmental management, the department of health, and/or the |
| air-quality-monitoring public advisory committee on or before January 31, 2009, and every January |
| 31, thereafter. Any proposed amendments to the final work plan shall be available for review and |
| comment by members of the general public, and the air-quality-monitoring public advisory |
| committee established by this chapter, pursuant to chapter 35 of title 42. The purposes of proposed |
| amendments to the final work plan are: (1) To allow the corporation, in consultation with the |
| department of environmental management and the department of health, to consider any |
| adaptations that may be indicated by the data collected from the previous year, including whether |
| new monitoring technologies, methodologies, or criteria are necessary; and (2) To make necessary |
| adjustments to the program based on changes to state and/or federal regulations, or both. Any |
| proposed amendments to the final work plan shall be incorporated into a "revised [as of this date] |
| final work plan" document, upon approval of the corporation, and shall be submitted to the |
| governor, the speaker of the house of representatives, and the president of the senate by the |
| corporation no later than January 1 of each year. |
| (h) Long-term air-quality monitors will be procured and in effect by December 30, 2007. |
| Interim monitoring shall be performed until such time as the long-term monitoring program is in |
| place, and the use of all data generated therefrom shall conform with the reporting requirements set |
| forth in § 1-7-6(b). |
| 1-7-2. Legislative findings. |
| The general assembly hereby finds and declares as follows: |
| (a) T.F. Green airport Rhode Island T.F. Green International Airport is located in a densely |
| populated, primarily residential area of the city of Warwick. |
| (b) Many of the airport operations and activities result in emissions of a number of air |
| pollutants, which that may be harmful to public health. |
| (c) Emissions of concern include, but are not limited to, those associated with "take-off" |
| and "landing" activities of aircraft and emissions associated with the use of diesel engine ground |
| support equipment. |
| (d) A long-term air-quality monitoring program is necessary to collect the data needed to |
| evaluate the impact of the airport emissions on air quality and public health. |
| SECTION 6. Sections 22-7.4-47 and 22-7.4-58 of the General Laws in Chapter 22-7.4 |
| entitled "Permanent Joint Committee on Naming All New Buildings, Bridges, Edifices and Other |
| State Constructions" are hereby amended to read as follows: |
| 22-7.4-47. The Bruce Sundlun Terminal Building. |
| The airport terminal building at T.F. Green Airport Rhode Island T.F. Green International |
| Airport in the city of Warwick shall be named and known as the Bruce Sundlun Terminal Building. |
| 22-7.4-58. Bruce Sundlun Road. |
| The access road to T.F. Green Airport Rhode Island T.F. Green International Airport from |
| Post Road (U.S. Route 1) to the airport terminal in the city of Warwick shall be named and known |
| as the Bruce Sundlun Road. |
| SECTION 7. Section 25-3-3 of the General Laws in Chapter 25-3 entitled "Work on |
| Holidays and Sundays" is hereby amended to read as follows: |
| 25-3-3. Work on Sundays or holidays. |
| (a) Work performed by employees on Sundays and holidays must be paid for at least one |
| and one-half (1 1/2) times the normal rate of pay for the work performed; provided: (1) that That |
| it is not grounds for discharge or other penalty upon any employee for refusing to work upon any |
| Sunday or holiday enumerated in this chapter; and (2) any Any manufacturer which that operates |
| for seven (7) continuous days per week is exempt from the requirement of subdivision (1). |
| (b) Any manufacturer of wall-covering products which that operates for seven (7) |
| continuous days per week, twenty-four (24) hours per day, and has complied with the provisions |
| of subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided |
| in subsection (a); provided, that the manufacturer increases employment by at least ten percent |
| (10%), within one year of its conversion to continuous operation from non-continuous operation. |
| (c) Any manufacturer that operates three (3) shifts, or begins its work week on Sundays, |
| may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its |
| employees one and one-half (1 1/2) times the normal rate of pay during the one hour period between |
| 11:00 P.M. Sunday and 12 midnight. |
| (d) Any and all employees of a chauffeur driven limousine or taxi cab company that |
| operates seven (7) continuous days per week, twenty-four (24) hours per day are exempt from the |
| provisions of subsection (a) hereof. |
| (e) Any car rental company which that operates a car rental agency at T.F. Green Airport |
| Rhode Island T.F. Green International Airport and is required pursuant to its lease agreement with |
| the Rhode Island Airport Corporation airport corporation to operate on Sundays and/or holidays |
| is exempt from the provisions of subsection (a) hereof with respect to work performed at its T.F. |
| Green Airport Rhode Island T.F. Green International Airport location. |
| SECTION 8. Section 39-14.2-19 of the General Laws in Chapter 39-14.2 entitled |
| "Transportation Network Company Services" is hereby amended to read as follows: |
| 39-14.2-19. Airport Corporation Authority. |
| Notwithstanding the provisions of § 39-14.2-18, the Rhode Island airport corporation, or |
| any successor entity authorized to oversee and control the property of T.F. Green airport Rhode |
| Island T.F. Green International Airport and any other state airport, shall have the authority to |
| establish reasonable regulations governing TNC transportation network company (TNC) |
| operators offering TNC services on airport property through proper amendment of the corporation's |
| ground transportation rules or by entering into operating agreements with TNCs. |
| SECTION 9. Section 39-18-24 of the General Laws in Chapter 39-18 entitled "Rhode |
| Island Public Transit Authority" is hereby amended to read as follows: |
| 39-18-24. John J. MacDonald, Jr. Transportation Initiative. |
| (a) The Rhode Island public transit authority is authorized and directed, in consultation |
| with the division of public utilities and carriers and the governor's commission on disabilities, to |
| develop the "John J. MacDonald, Jr. Transportation Initiative" for a statewide federally funded |
| "New Freedom Program" to reduce barriers to transportation services and expand the transportation |
| mobility options available to people with disabilities that who need wheelchair-accessible |
| transportation beyond the requirements of the Americans with Disabilities Act (ADA) of 1990, by |
| September 30, 2010. The goal is to provide on demand wheelchair-accessible taxicab service |
| throughout the state, and especially at T.F. Green state airport Rhode Island T.F. Green |
| International Airport and the train stations. |
| (b) The administrator of the division of public utilities and carriers is authorized and |
| directed to issue a regional wheelchair taxicab certificate after a hearing, in accordance with the |
| provisions of chapter 42-35 of title 42, the administrative procedures act, to any qualified applicant |
| therefore, authorizing the whole or any part of the operations covered by the application, if it is |
| found that the applicant is fit, willing, and able to properly perform the service proposed and to |
| conform to the provisions of chapter 39-14 of this title, and the requirements, orders, rules, and |
| regulations of the administrator thereunder, and that the proposed service, to the extent to be |
| authorized by the certificate, is or will be required by the present or future public convenience and |
| necessity; otherwise the application shall be denied. |
| (c) The Rhode Island public transit authority is authorized and directed: |
| (1) To adopt rules and regulations for the implementation of the John J. MacDonald, Jr. |
| transportation initiative; and |
| (2) Purchase up to two (2) wheelchair-accessible taxicabs for each regional wheelchair |
| taxicab or public motor vehicle certificate holder, utilizing New Freedom -- Safe, Accountable, |
| Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. § 101 et seq.), a |
| legacy for users funds for eighty percent (80%) of the cost. Said The program or purchases |
| thereunder shall be funded by federal grants and private funds only and shall not have a negative |
| financial impact on the Rhode Island Public Transit Authority's public transit authority’s |
| operating budget. The operators of the wheelchair-accessible taxicabs shall be responsible for the |
| twenty percent (20%) nonfederal match for purchase of the vehicles. |
| (d) The operators of the certified wheelchair-accessible taxicabs or public motor vehicles, |
| and not the Rhode Island public transit authority, shall be responsible for all operating and |
| maintenance costs of the wheelchair-accessible taxicabs or public motor vehicles. |
| (e) The Rhode Island public transit authority and the division of public utilities and carriers |
| is authorized and directed to begin implementation of the "John J. MacDonald, Jr. Transportation |
| Initiative" on or before January 1, 2011. |
| SECTION 10. Sections 42-64.32-1 and 42-64.32-3 of the General Laws in Chapter 42- |
| 64.32 entitled "Air Service Development Fund" are hereby amended to read as follows: |
| 42-64.32-1. Legislative findings. |
| It is hereby found and declared as follows: |
| (a) The development of additional scheduled air carrier and cargo services ("air service") |
| to T.F. Green state airport Rhode Island T.F. Green International Airport is essential to improving |
| the overall economic climate of the state, attracting businesses, promoting tourism, and growing |
| jobs. Such This additional air service is particularly important to advanced industries, industries |
| characterized by high levels of research and development expenditures, and reliance on science, |
| technology, design, engineering, and mathematics workers. |
| (b) Providing incentives, revenue guarantees, and/or other support for new or additional air |
| service on new or additional routes is an important step in meeting these economic development |
| goals. |
| (c) An air service development fund provides flexibility in increasing and providing |
| incentives for air service to T.F. Green state airport Rhode Island T.F. Green International Airport |
| that the Rhode Island airport corporation may otherwise not be able to finance under the regulations |
| and policies of the federal aviation administration. For that reason, this program is established |
| independently of, and unrelated to, the Rhode Island airport corporation. |
| 42-64.32-3. Air service development council. |
| (a) The Rhode Island commerce corporation shall establish an air service development |
| council (the "council"), that shall have the authority and responsibility for entering into agreements |
| with scheduled air carriers and/or cargo carriers to provide direct financial incentives, revenue |
| guarantees, and/or other support to incentivize air service to T.F. Green state airport Rhode Island |
| T.F. Green International Airport. |
| (b) The air service development council shall consist of the secretary of commerce, or his |
| or her designee, who shall serve as chair of the council, and four members appointed by the board |
| of the Rhode Island commerce corporation, at least one of whom shall have airport management or |
| air carrier experience,; at least one of whom shall be a representative from a chamber of commerce,; |
| and at least one of whom shall represent a business with more than one hundred (100) employees |
| located in Rhode Island. No member of the council shall be a director or employee of the Rhode |
| Island airport corporation. Members shall serve at the pleasure of the board of the commerce |
| corporation. The members shall not receive a salary but shall be reimbursed for any necessary |
| expenses incurred in the performance of their duties. |
| (c) The Rhode Island commerce corporation shall have the authority under this chapter to |
| enter into contracts providing for incentives, guarantees, and/or other support for new or additional |
| flights to T.F. Green state airport Rhode Island T.F. Green International Airport by scheduled air |
| carriers or cargo carriers, provided that such contracts have been previously approved by the air |
| service development council. Such These incentives, guarantees, and other support shall be |
| financed only with proceeds from the air service development fund established pursuant to § 42- |
| 64.32-2, and not with any airport revenue, subject to regulation pursuant to the policies or |
| regulations of the federal aviation administration. |
| (d) The air service development council shall publish the criteria that it will use in |
| evaluating proposals or arrangements that further the purposes of this chapter. Such criteria shall |
| require, at a minimum, that to qualify for incentives a scheduled air carrier or cargo carrier must |
| commit to new or additional flights for an agreed-upon duration that represent an increase in |
| service. |
| (e) The air service development council may, at its discretion, provide incentives to service |
| to one scheduled air carrier or cargo carrier without offering identical incentives to other scheduled |
| air carriers or cargo carriers if doing so furthers the purposes of this chapter. |
| SECTION 11. This act shall take effect upon passage. |
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| LC002295 |
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