§261-5.5 Passenger facility charge special fund. (a) There is established in the state treasury the passenger facility charge special fund, into which shall be deposited all proceeds from the passenger facility charge.
(b) The director of transportation shall administer the passenger facility charge special fund.
(c) The passenger facility charge shall be a charge for the use and services of an undertaking for the purposes and within the meaning of section 39-61(a)(1) and (3). Notwithstanding any laws to the contrary and without regard to chapter 91, the department may assess a passenger facility charge as authorized under title 49 United States Code section 40117 and as provided under title 14 Code of Federal Regulations part 158 for each overseas or international passenger who uses a state airport. The department shall establish the passenger facility charge in accordance with applicable federal laws and regulations. No passenger facility charge shall be assessed on flight segments between two or more airports within the State.
(d) All moneys paid into the passenger facility charge special fund shall be appropriated, applied, or expended by the department for airport capital improvement program projects approved by the legislature and as permitted under the Aviation Safety and Capacity Expansion Act of 1990, codified as 49 United States Code section 40117, as amended from time to time.
(e) Any resolution or certificate authorizing any issue of bonds relating to the use of the passenger facility charge for an airport capital improvement program project approved by the legislature may establish other accounts within the passenger facility charge special fund and require the transfer of the passenger facility charge into the other accounts to pay debt service on the related bonds. [L 2003, c 213, §14; am L 2004, c 101, §5; am L 2009, c 147, §1; am L 2011, c 41, §1]
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