§708. General powers of the authority
A. The regional authority may do any of the following:
(1) Adopt a corporate seal.
(2) Sue or be sued in a court of competent jurisdiction of this state or federal court.
The state court of competent jurisdiction shall be the Nineteenth Judicial District Court for
the parish of East Baton Rouge. The federal court of competent jurisdiction shall be the
United States District Court for the Middle District of Louisiana.
(3) Plan, promote, extend, maintain, acquire, purchase, construct, install, improve,
repair, enlarge, and operate all airport facilities under the operational jurisdiction of or owned
by the regional authority.
(4) Assume and perform the obligations and the covenants related to the airport that
are contained in an agreement or other document by the local government or between the
local government and the state or the FAA relative to grants for the airport or airport
facilities.
(5) Acquire, by grant, purchase, devise, or lease, the exercise of the right of eminent
domain, expropriation, or otherwise, and hold movable and immovable property, in fee
simple or any lesser interest or by easement, as the regional authority considers necessary
either for the construction of airport facilities or for the efficient operation or extension of
any airport facilities acquired or constructed or to be constructed pursuant to this Chapter,
and, except as otherwise provided, hold in its name, lease, and dispose of all immovable and
movable property owned by or under the operational jurisdiction of the regional authority.
The acquisition of land by the regional authority for an airport or airport facilities in
furtherance of the purposes of the regional authority, and the exercise of any other powers
of the regional authority, are public, governmental, and municipal functions, purposes and
uses exercised for a public purpose, and matters of public necessity.
(6) Enter into all contracts and agreements necessary or incidental to the performance
of its duties and execution of its powers pursuant to this Chapter with a department or agency
of the United States, with a state or local governmental agency, or with another person,
public or private, on terms and conditions acceptable to the regional authority.
(7) Have and exercise exclusive responsibility to study and plan any improvements,
expansion, or enhancements that affect the airport, and commission planning, engineering,
economic, and other studies to provide information for making decisions about the location,
design, management, and other features of the airport or airport facilities.
(8) Exercise responsibility for developing all aspects of the airport and airport
facilities, including but not limited to all of the following:
(a) The location of terminals, hangars, aids to air navigation, parking lots and
structures, cargo facilities, and all other facilities and services necessary to serve passengers
and other customers of the airport.
(b) Street and highway access and egress with the objective of minimizing, to the
extent practicable, traffic congestion on access routes in the vicinity of the airport.
(c) Participation in programs and economic development that directly benefits the
airport.
(9) Act as a sponsor and submit requests for, accept, and be responsible to perform
all of the assurances associated with accepting grants from the FAA or another agency of the
United States or of this state with respect to the airport under the operational jurisdiction of
the regional authority, and perform the duties and responsibilities previously assumed by the
local government by virtue of its acceptance of grants from the FAA or another agency of the
United States or this state.
(10) Enter into agreements to use the facilities or services of this state, a subdivision
or department of this state, a parish or municipality, or the federal government or an agency
of the federal government as necessary or desirable to accomplish the purposes of this
Chapter for consideration or pursuant to a cost-allocation formula in compliance with its
obligations under applicable federal law, regulations, and assurances associated with
accepting grants from the FAA or another agency of the United States or this state, including
but not limited to policies of the FAA prohibiting revenue diversion or the payment of fees
exceeding the value of services provided by a governmental agency.
(11) Allow this state, a subdivision or department of this state, a parish or
municipality, or the federal government or an agency of the federal government to use airport
facilities or the services of the regional authority as necessary or desirable to accomplish the
purposes of this Chapter, for consideration acceptable to the regional authority in compliance
with its obligations under applicable federal law, regulations, and assurances associated with
accepting grants from the FAA or another agency of the United States or this state.
(12) Adopt and enforce in a court of competent jurisdiction of this state reasonable
rules, regulations, and ordinances for the orderly, safe, efficient, and sanitary operation and
use of airport facilities, and establish civil and criminal penalties for the violation of rules,
regulations, and ordinances authorized pursuant to this Chapter to the same extent as the
local government.
(13) Enter into exclusive or nonexclusive contracts, leases, franchises, or other
arrangements with any person or persons for granting the privilege of using, improving, or
having access to the airport, the airport facilities, or a portion of the airport or the airport
facilities, for commercial airline-related purposes consistent with its obligations under
applicable federal law, regulations, and assurances associated with accepting grants from the
FAA or another agency of the United States or this state.
(14) Enter into exclusive or nonexclusive contracts, leases, or other arrangements not
provided for in Paragraph (13) of this Subsection for commercially reasonable terms
consistent with its obligations under applicable federal law, regulations, and assurances
associated with accepting grants from the FAA or another agency of the United States or this
state.
(15) Apply for and receive loans, grants, guarantees, or other financial assistance in
aid of airport facilities and the operation of the airport from a state, federal, parish, or
municipal government or agency or from another source, public or private, including
financial assistance for planning, constructing, improving, or operating the airport, for
providing security at the airport, or for providing ground access to the airport.
(16) Appoint and vest with police powers airport law enforcement officers, guards,
or police officers pursuant to this Chapter. The law enforcement officers, guards, or police
officers of the regional authority have the full police powers and authority of municipal
police officers in the areas over which the regional authority has operational jurisdiction,
including but not limited to the prevention and detection of crime, the power to investigate
and enforce the laws of this state, rules, regulations, and ordinances issued by the regional
authority, and, to the extent permitted or required by federal law and regulations,
requirements of federal law and regulations governing airport security. The officers may
issue summonses, make arrests, and initiate criminal proceedings. The regional authority
shall be responsible for all actions of its officers committed under color of their official
position and authority. The law enforcement officers of the regional authority shall be
recognized as municipal police officers as defined in R.S. 40:1667 et seq.
(17) Appoint and vest with fire protection and prevention powers airport firefighters,
Aircraft Rescue Firefighting (ARFF) officers, and employees pursuant to this Chapter. The
firefighters, ARFF officers, and employees of the regional authority have the full powers and
authority in the areas over which the regional authority has operational jurisdiction, including
but not limited to the prevention of fire, fire protection, fire inspection, and the power to
investigate and enforce the laws of this state, rules, regulations, and ordinances issued by the
regional authority, and to the extent permitted or required by federal law and regulations. The
regional authority is responsible for all actions of its firefighters and ARFF officers
committed under color of their official position and authority.
(18) Procure insurance or become a self-funded insurer against loss in connection
with the property, assets, or activities of the regional authority.
(19) Invest money of the regional authority, consistent with applicable state law and
the contractual obligations of the regional authority, at the board's discretion, in instruments,
obligations, securities, or property determined proper by the board, and name and use
depositories for its money.
(20) Fix, charge, and collect rates, fees, rentals, and charges in and for the use and
operation of the airports under the operational jurisdiction of the regional authority.
B. Except as otherwise prohibited by this Chapter, the regional authority shall have
all the powers of a political subdivision pursuant to this Act. The powers granted to the
regional authority are public and governmental functions.
C. Notwithstanding any other provision of law to the contrary, the regional authority
shall have the power and authority to levy a tax, including but not limited to those taxes
authorized by R.S. 2:329, subject to the requirements necessary and provided under state law.
D. Unless the regional authority obtains the approval of the Baton Rouge
Metropolitan Council, the regional authority shall not incur any indebtedness pledging, on
a superior basis, any revenues from airport facilities that are otherwise pledged to secure any
obligation, note, bond, or other instrument of indebtedness for which the full faith and credit
of the Baton Rouge Metropolitan Council has been pledged. The Baton Rouge Metropolitan
Council may establish conditions under which the regional authority may incur indebtedness
pledging, on a parity basis, any revenues from airport facilities that are otherwise pledged to
secure any obligation, note, bond, or other instrument of indebtedness for which the full faith
and credit of the Baton Rouge Metropolitan Council has been pledged.
E. Upon the creation or incorporation of the authority provided for in this Chapter,
the Baton Rouge Metropolitan Council shall not pledge airport facilities or assets to secure
any instrument of indebtedness except to secure bonds issued for airport capital improvement
projects after the creation or incorporation of the regional authority and before the approval
date.
F. The regional authority shall not take any action contrary to obligations assumed
or entered into under state law or federal rules or regulations or any agreement entered into
or assumed with respect to state or federal grants.
G. The Baton Rouge Metropolitan Council shall not take any action contrary to
obligations or covenants under applicable state or federal law, regulations, and assurances
associated with the state or federal government.
H. If the Baton Rouge Metropolitan Council previously acted as a sponsor and action
by, or concurrence of, the local government is required to complete a project related to the
airport or airport facilities, the local government shall not withhold, condition, or delay
concurrence with any regional authority action necessary to complete the project in
accordance with obligations under applicable federal law, regulations, and assurances
associated with accepting grants from the FAA or another agency of the United States or this
state.
I. The regional authority shall serve as the agent of the local government for the
preparation, submission, execution, and administration of any state or federal grants pending
on the approval date. The regional authority shall also act as the custodian of all money
received or to be received by the local government or the regional authority for the projects
for which the grants were awarded.