74 PA Cons Stat § 5933 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 74 - TRANSPORTATION|Chapter 59 - Airport Operation and Zoning|Section 5933 - Customer facility charge

§ 5933. Customer facility charge. (a) Imposition.-- (1) Except as set forth in paragraph (2), a city may impose a customer facility charge of not more than $8 per rental day on a customer renting a motor vehicle from a vehicle rental company doing business at an airport.  (2) Notwithstanding paragraph (1), a rental facility agreement may provide for a customer facility charge in excess of $8 per rental day.  (3) A customer facility charge may be imposed notwithstanding the absence of authority in a regulation or concession agreement.  (4) A customer facility charge may not affect the validity or enforceability of a concession agreement.  (b) Amendment.--The following shall apply:  (1) The customer facility charge may be increased beyond $8 per rental day by written amendment to an existing rental facility agreement signed by the parties to the rental facility agreement or the parties' successors or assigns. An increase to the customer facility charge under this paragraph may only occur one time each year.  (2) A city may decrease the amount of the customer facility charge at any time without the requirement of an amendment to an existing rental facility agreement. Following a decrease in the amount of the customer facility charge by the city, the city may increase the amount of the customer facility charge without the requirement of an amendment to an existing rental facility agreement if the amount of the customer facility charge does not exceed the amount that was in effect prior to the decrease. An increase beyond that amount shall require a written amendment to the existing rental facility agreement signed by the parties to the rental facility agreement or the parties' successors or assigns.  (c) Rental facility agreement.-- (1) A rental facility agreement shall take effect and be enforceable if, at the time it is executed, it is signed by the airport owner and at least 80% of the vehicle rental companies which utilized airport property and which together provided at least 90% of the motor vehicle rentals utilizing airport property in the most recently completed calendar year.  (2) The terms of a rental facility agreement may be interpreted and enforced by a court of competent jurisdiction through the imposition of a mandatory or prohibitive injunction. Monetary damages may not be awarded to a vehicle rental company or to a person required to pay the customer facility charge for a violation of the terms and conditions of the rental facility agreement.  (d) Limitations.-- (1) Notwithstanding the authorization for the use of the proceeds of the customer facility charge under subsection (g) and except as provided in paragraph (2), until a rental facility agreement is executed, the proceeds of the customer facility charge may be used only for planning, design, feasibility studies and other preliminary expenses necessary for the uses authorized in subsection (g).  (2) If a rental facility agreement is not executed within two years following the date a vehicle rental company is required to begin collecting the customer facility charge, a city may continue to impose and collect the customer facility charge authorized under this section after notice to the vehicle rental companies. The city may use the proceeds of the customer facility charge in the manner authorized by subsection (g) except that any expenses imposed on vehicle rental companies may not exceed the proceeds of the customer facility charge.  (e) Additional cost.--A customer facility charge shall be in addition to other motor vehicle rental fees and taxes imposed under law, except that the customer facility charge may not constitute part of the purchase price of a motor vehicle rental imposed under any of the following:  (1) Article II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.  (2) The act of June 5, 1991 (P.L.9, No.6), known as the Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class.  (3) A law similar to the statutes under paragraphs (1) and (2). (f) Collection.--The following shall apply:  (1) A customer facility charge shall be: (i) collected from a customer by a vehicle rental company and held in a segregated trust fund for the benefit of the airport owner; and  (ii) paid to the airport owner: (A) by the last day of the month following the month in which the customer facility charges are collected; or  (B) if necessary to facilitate a pledge under subsection (h), at an earlier date as designated by the airport owner, but not sooner than the 15th day of the month following the month in which the customer facility charge is collected.  (2) A customer facility charge shall not constitute gross receipts or income of a vehicle rental company for the purpose of tax imposed by the Commonwealth, a city or a municipality.  (3) Money in a segregated trust fund under paragraph (1) may not be pledged, subjected to a lien or encumbered by a vehicle rental company.  (g) Use.--Proceeds of the customer facility charge shall be deposited by the airport owner into a segregated account to be used solely for:  (1) The planning, development, financing, construction and operation of a rental facility and rental facility improvements.  (2) Transportation system costs. (3) Rental facility operations and maintenance expenses. (h) Pledge.--An airport owner may pledge customer facility charge revenues for any of the following:  (1) To support debt to finance any use authorized under subsection (g). (2) The creation and maintenance of reasonable reserves and for the payment of debt service for any use authorized under subsection (g).  (i) Administration.--An airport owner may do any of the following:  (1) Require a vehicle rental company to provide periodic statements of account, file returns, authorize payments and maintain records, in accordance with the vehicle rental company's obligations under this subchapter.  (2) Conduct an examination to ensure a vehicle rental company's compliance with its obligations under this subchapter and may do the following:  (i) Collect an amount due. (ii) Impose a lien and file a suit to recover an amount due. (iii) Grant a refund. (iv) Require the payment of an authorized addition to a customer facility charge, interest and penalty.  (v) Adopt rules and regulations to implement this section. (vi) Seek criminal penalties for failure to comply with the requirements of this subchapter in the same manner as a city is authorized to do under law for the collection of taxes.  (j) Commonwealth agreement.--The Commonwealth agrees as follows:  (1) With any person, firm or corporation, government agency, whether in this Commonwealth or elsewhere, and with any Federal agency subscribing to or acquiring debt obligations secured by customer facility charges, that the Commonwealth will not limit or alter the rights vested in the airport owner under this subchapter in a manner inconsistent with the obligations of an airport owner to the obligees of the airport owner until all debt obligations secured by customer facility charges and interest on the debt obligations are fully paid or provided for.  (2) With any Federal agency that, if the Federal agency contributes funds to support any projects needed for the implementation of this subchapter, the Commonwealth will not alter or limit the rights and powers of the airport owner in a manner which would be inconsistent with the due performance of any agreement between the airport owner and a Federal agency of which the Commonwealth has knowledge.    Cross References. Section 5933 is referred to in section 5932 of this title.