Connecticut Administrative Code › Title 15 - Navigation and Aeronautics › 41 - Aircraft Registration › Use Of State Airports › Section 15-41-45 - State airport fees

Current through July 10, 2024
(a) As used in
				subsection (i) of this section for the purpose of determining the rents, fees
				and charges to be paid by all Air Carriers under the Short Term Lease at
				Bradley International Airport effective July 1, 2011, the following definitions
				apply:
(1) "Air Carrier" means an entity
				engaged in the business of providing air transportation of persons or property
				for compensation or hire that has been issued the proper air carrier operating
				certificate by the US Department of Transportation, Federal Aviation
				Administration.
(2) "Airfield Area"
				means those portions of Bradley International Airport, and related facilities,
				exclusive of the Terminal Building, Apron Area, hangars, hangar ramps, cargo
				buildings, cargo ramps, buildings and building areas (other than the crash,
				fire and rescue building and the control tower), all as more fully delineated
				in the most current approved Airport Master Plan or Airport Layout
				Plan.
(3) "Airport Audit" means the
				audited annual financial statements of Bradley International Airport required,
				under the terms of the Indenture and applicable State law, to be audited by a
				firm of independent certified public accountants of recognized standing
				selected by the State, prepared in accordance with applicable State law and
				relevant accounting standards, and to be completed within 120 days of the end
				of each Airport Fiscal Year.
(4)
				"Airport Fiscal Year" means the twelve (12) month period commencing on July 1
				of each year and expiring on June 30 of the following calendar year or such
				other period as designated by the Commissioner of Transportation.
(5) "Airport Operating Budget" means the
				budget of Bradley International Airport costs and expenses adopted, with
				respect to each Airport Fiscal Year pursuant to the Indenture and Chapter 266
				of the Connecticut General Statutes and shall consist of the Operating Expense
				Budget and the Capital Improvement Budget.
(6) "Annual Debt Service" means the sum of
				principal, amortization requirements (including premium, if any) and interest
				payments being or becoming due and payable by the state during any Airport
				Fiscal Year with respect to the Bonds including debt service coverage required
				pursuant to applicable provisions of the Indenture. The amount of coverage
				Properly Allocable shall be equivalent to ten percent (10%) of budgeted Air
				Carrier revenues from Terminal Building Rentals, Landing Fees, Baggage Claim
				Area Charges and Apron Rent determined in accordance with subdivisions (3)
				through (6) of subsection (i) of this section.
(7) "Apron Area" means the aircraft parking
				and maneuvering areas adjacent to the Terminal Building as designated by the
				Commissioner of Transportation. The term Apron Area shall not include areas
				associated with Terminal Building(s), or portions thereof, which have been
				decommissioned by the Commissioner of Transportation in anticipation of
				demolition pursuant to the Capital Improvement Program.
(8) "Apron Area Rentals" means the rental
				fees imposed on the Signatory Airlines with respect to their use of the Apron
				Area as provided in subdivision (6) of subsection (i) of this
				section.
(9) "Baggage Claim Areas"
				means those portions of the Terminal Building and related facilities as
				designated by the Commissioner of Transportation providing for the collection,
				transport, handling and distribution of passenger baggage and related
				items.
(10) "Baggage Claim Area
				Charges" means the charges imposed on the Signatory Airlines with respect to
				their use of the Baggage Claim Areas as provided in subdivision (5) of
				subsection (i) of this section.
(11) "Bonds" means all debt obligations of
				the State of Connecticut, or of any agency, authority, commission or
				subdivision thereof, or of any public or private corporation, issued to finance
				(or issued to refund other obligations issued to finance) (A) the Construction
				Costs of the Capital Improvement Program, and (B) the Construction Costs of
				other Capital Improvements authorized by the State, including all outstanding
				Bradley International Airport General Airport Revenue Bonds including Series
				2001A, Series 2001B and Series 2004 bonds and such additional General Airport
				Revenue Bonds and related financing agreements the State may issue or enter
				into in support of the Capital Improvement Program.
(12) "Capital Improvement" means for any
				Airport Fiscal Year, (A) any item purchased or constructed for use in the
				Airfield Area Cost Center or Apron Area Cost Center which has a useful life of
				five (5) years or more, or which can extend the useful life of any existing
				asset included within the Airfield Area Cost Center or Apron Area Cost Center
				for a period of five (5) years or more, and (B) any item purchased or
				constructed for use in the Terminal Building Cost Center which has a useful
				life of three (3) years or more, or which can extend the useful life of any
				existing asset included within the Terminal Building Cost Center for a period
				of three (3) years or more. The Construction Costs incurred with respect to the
				Capital Improvements shall be capitalized and thereafter amortized as Operating
				Expenses over the useful life of the items purchased or constructed.
(13) "Capital Improvement Budget" means the
				portion of the Airport Operating Budget reflecting Capital Improvement costs to
				be expensed during an Airport Fiscal Year, adopted in conjunction with the
				Airport Operating Budget for such Airport Fiscal Year.
(14) "Capital Improvement Program" means
				those expansions, improvements and renovations to the Bradley International
				Airport described in the most recent Airport Master Plan or Master Plan
				Update.
(15) "Construction Costs"
				means the necessary and desirable costs and expenses pertaining or incident to
				the acquisition or construction of Capital Improvements, including all costs
				and expenses of the Capital Improvement Program.
(16) "Cost Accounting System" means any
				accounting and financial management system(s) used by the State to allocate
				Bradley International Airport operating expenses, depreciation and
				amortization, and debt service to the Airport's Landing Area, Terminal Area and
				Apron Area cost centers including the collection, allocation and reporting of
				the capital expenditures, revenues, operating expenses, assets and liabilities
				of the State with respect to the Airport and its operations. The Cost
				Accounting System shall be established and operated pursuant to generally
				accepted accounting principles consistently applied.
(17) "Cost Center" means any one of the
				Bradley International Airport cost areas identified in connection with the Cost
				Accounting System.
(18) "Gross
				Space" means all space within the Terminal Building, including but not limited
				to all leased, leasable and unassigned space and all public space. The extent
				of such space shall be determined utilizing "as built" drawings and physical
				measurements taken from inside dimensions of the exterior walls of the Terminal
				Building. The term Gross Space shall not include areas associated with Terminal
				Building(s), or portions thereof, which have been decommissioned by the
				Commissioner of Transportation in anticipation of demolition pursuant to the
				Capital Improvement Program.
(19)
				"Indenture" means the Trust Indenture Between State of Connecticut and State
				Street Bank and Trust Company (or its successor) as Trustee Dated as of March
				1, 2001 relating to State of Connecticut Bradley International Airport General
				Airport Revenue Bonds, or such supplemental, replacement or additional
				indentures or related financing agreements as the State may enter into in
				undertaking the Capital Improvement Program or refunding the Bonds.
(20) "Landing Fees" means the fees imposed on
				the Signatory Airlines, Air Carriers and Users with respect to the operation of
				the Airfield Area, as provided in subdivision (4) of subsection (i) of this
				section, and based upon the Landing Fee coefficient, frequency factor and
				weight factor as described in such subdivision (4) of subsection (i) of this
				section.
(21)
				"Majority-in-Interest" as of any date means at least fifty percent (50%) in
				number of the Signatory Airlines which account for more than fifty percent
				(50%) of aggregate Revenue Aircraft Arrival weight landed at the Airport during
				the immediately preceding calendar year.
(22) "Maximum Landing Weight" means the
				maximum certified landing weight approved by the Federal Aviation
				Administration in accordance with
				14 CFR
				21 for aircraft landing at the
				Airport.
(23) "Operating Expense
				Budget" means the budget of Operating Expenses for an Airport Fiscal Year
				adopted in conjunction with the Airport Operating Budget, all as provided in
				subdivision (13) of subsection (i) of this section.
(24) "Operating Expenses" means the
				reasonable, necessary and verifiable current expenses of the state, paid or
				accrued in accordance with the Cost Accounting System in administering,
				operating, securing, maintaining, and repairing Bradley International Airport.
				Without limiting the generality of the foregoing, the term Operating Expenses
				shall include (A) costs of collecting Bradley International Airport revenues
				and of making any refunds therefrom lawfully due others; (B) engineering, audit
				reports, legal and other overhead expenses directly related to the
				administration, operation, maintenance and repair of the Bradley International
				Airport; (C) costs of salaries, wages and other compensation of officers and
				employees with respect to Bradley International Airport, including all legally
				required payments to pension, retirement, health and hospitalization funds and
				other insurance, including self-insurance, if any, for the foregoing; (D) costs
				of routine maintenance, repairs, replacements, renewals and alterations not
				constituting Capital Improvements occurring in the usual course of business,
				which may include expenses not annually recurring; (E) taxes, assessments and
				other governmental charges, or payments in lieu thereof, lawfully imposed on
				Bradley International Airport or any part thereof or on the operation thereof,
				subject to any right the Airline may have to protest the same; (F) costs of
				utility services; (G) the costs and expenses of management services and general
				administrative overhead of the State allocable to Bradley International
				Airport; (H) costs of equipment, materials and supplies used in the ordinary
				course of Bradley International Airport business not constituting Capital
				Improvements, including ordinary and current rentals of equipment or other
				property; (I) costs of fidelity bonds, or a properly allocable share of the
				premium of any blanket bond, directly pertaining to Bradley International
				Airport its revenues or any other moneys held under the Indenture, as amended
				or supplemented from time to time, or required to be held or deposited
				thereunder; (J) costs of carrying out the provisions of the Indenture, as
				amended or supplemented from time to time to permit the acquisition and
				construction of Capital Improvements or the Capital Improvement Program,
				including trustee's and paying agent's fees and expenses, costs of insurance
				required thereby, or a properly allocable share of any premium of any blanket
				policy pertaining to the Airport or Airport revenues, and costs of recording,
				mailing and publication; (K) Annual Debt Service; (L) all other costs and
				expenses of administering, operating, maintaining and repairing the Airport
				arising in the routine and normal course of business including depreciation and
				amortization of Capital Improvements not funded with Bonds; (M) any costs and
				expenses related to the Airport required to be paid (and reserves required to
				be kept) in accordance with the Cost Accounting System; and (N) any other cost
				or expense permissible by applicable law, agreement or regulation. Operating
				Expenses shall not include depreciation on those facilities financed with Bonds
				or capital contributions.
(25)
				"Preferential Use Agreement" means an agreement between the State Department of
				Transportation and an Air Carrier providing for the use and occupancy of
				terminal and related areas at Bradley International Airport that distinguishes
				areas that may be used exclusively by such Air Carrier from areas that may be
				used on a preferred or common use basis with other Air Carriers.
(26) "Properly Allocable" or "Allocable"
				means properly allocable in accordance with the Cost Accounting
				System.
(27) "Revenue Aircraft
				Arrival" means the landing at the Airport of any and all aircraft owned, leased
				or operated by any Air Carrier or airline, that arrives at or departs from the
				Bradley International Airport with passengers, cargo or mail, including without
				limitation, all sightseeing trips, but specifically excluding (A) ferry, test,
				courtesy and inspection flights as permitted herein, for which no monetary
				consideration has been, shall be or should be received by the Air Carrier in
				connection therewith, (B) re-arrivals of aircraft of anyone including the
				Signatory Airlines that, having previously departed from Bradley International
				Airport, have returned to Bradley International Airport for emergency or
				precautionary reasons, and (C) training flights; provided, however, that to the
				extent that the number of training flights operated by an Air Carrier during
				any calendar year exceeds five percent (5%) of the total number of Revenue
				Aircraft Arrivals of such Air Carrier during such calendar year, such excess
				shall be treated as Revenue Aircraft Arrivals.
(28) "Short Term Lease" means month to month
				term lease agreement between the state, through the Department of
				Transportation, and Air Carrier providing for the use and occupancy of the
				Airfield Area, Terminal Building and Apron Areas at Bradley International
				Airport.
(29) "Signatory Airlines"
				means all certificated Air Carriers providing scheduled passenger service at
				the Airport and occupying space within the Terminal Building under Short Term
				Leases or as subtenants thereof, and all air cargo carriers with direct
				agreements with the State Department of Transportation providing for the
				development and use of cargo facilities at Bradley International Airport and
				subtenants thereof.
(30) "Terminal
				Building" means the Airport Terminal Building as it now exists and as it
				hereafter may be enlarged, improved or renovated, all as more fully described
				in the Airport Master Plan.
(31)
				"Terminal Building Rentals" means the rental fees imposed on the Signatory
				Airlines with respect to their use of Terminal Building facilities, as provided
				in subdivision (3) of subsection (i) of this section.
(32) "User" means with respect to Bradley
				International Airport facilities, any Signatory Airline and any other person or
				entity having the right to utilize such facilities by virtue of applicable law,
				regulation, a lease or other arrangement, but shall not include passengers,
				patrons, visitors or guests.