2019 -- H 6149

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LC002585

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO AERONAUTICS -- RHODE ISLAND T.F. GREEN INTERNATIONAL

AIRPORT

     Introduced By: Representatives Lima, Shekarchi, Vella-Wilkinson, Bennett, and
Solomon

     Date Introduced: May 24, 2019

     Referred To: House Corporations

     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 (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 rental company; (2) 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

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 estates, heirs, and representatives of persons or entities described in subdivisions (1) --

(3) of this subsection; 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

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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

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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 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. In the

event that the F.A.A. 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 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

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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

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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 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 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 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 disclose the use of runways by type of operation

(landings or takeoffs), time of day, aircraft user group, and any other groupings which 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 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

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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:

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     (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-

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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

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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. 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 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

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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 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; (2) any manufacturer which operates for seven (7)

continuous days per week is exempt from the requirement of subdivision (1).

     (b) Any manufacturer of wall-covering products which 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 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 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 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

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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 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, 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, 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 (2) wheelchair accessible taxicabs for each regional wheelchair taxicab

or public motor vehicle certificate holder, utilizing New Freedom -- Safe Accountable Flexible

and Efficient Transportation Equity Act (23 U.S.C. § 101 et seq.), a legacy for users funds for

eighty percent (80%) of the cost. Said 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 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

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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 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

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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 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AERONAUTICS -- RHODE ISLAND T.F. GREEN INTERNATIONAL

AIRPORT

***

     This act would rename the state airport in Warwick from "T.F. Green state airport" to

"Rhode Island T.F. Green International Airport."

     This act would take effect upon passage.

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