§ 2:709 — Implementation; requirements; approval date

§709. Implementation; requirements; approval date
A. All of the following shall occur on the FAA approval date:
(1) The regional authority may acquire, and shall assume the exclusive right,
responsibility, and authority to occupy, operate, control, and use, the airport and the airport
facilities owned by the local government pursuant to an agreement or agreements between
the regional authority and the local government on the date in which the FAA issues
approval, subject only to any restrictions imposed by this Chapter.
(2) The local government shall convey title to or enter into a lease of the immovable
property comprising the airport with the regional authority, which shall otherwise acquire and
succeed to all rights, title, and interests in and to the fixtures, equipment, materials,
furnishings, and other movable property owned and used for purposes of the airport on that
date by the local government pursuant to an agreement or agreements between the regional
authority and the local government. The officers of the local government shall execute the
instruments of conveyance, assignment, and transfer that are necessary and appropriate to
comply with this Section.
(3) The regional authority shall assume, accept, and become solely liable for all of
the lawful obligations, promises, covenants, commitments, and other requirements in respect
of the airport of the local government, whether known or unknown, contingent or matured,
except for any full faith and credit pledge of the local government in respect of bonds issued
by the local government for airport purposes, and shall perform all of the duties and
obligations and is entitled to all of the rights of the local government in respect of the airport
under any ordinances, agreements, or other instruments and under law. Consistent with this
Chapter, this assumption includes, and any person shall transfer to the regional authority the
following:
(a) All licenses, permits, approvals, or awards related to the airport.
(b) All grant agreements, grant pre-applications, and the right to receive the balance
of any money payable under the agreements.
(c) The right to receive any money, including any passenger facility charges, payable
to the local government on the approval date and money paid to the local government after
the approval date.
(d) The benefit of contracts and agreements.
(e) All of the local government's duties, liabilities, responsibilities, and obligations
as sponsor of the airport, except for any obligation or liabilities contested in good faith by
the regional authority.
B. All lawful actions, commitments, and proceedings including but not limited to
revenue bond financing for which a notice of intent resolution has been adopted, of the local
government made, given, or undertaken before the date of assumption by the regional
authority pursuant to this Section are ratified, confirmed, and validated on assumption by the
regional authority. All actions, commitments, or proceedings undertaken shall, and all
actions, commitments, or proceedings of the local government in respect of the airport in the
process of being undertaken by, but not yet a commitment or obligation of, the local
government in respect of the airport may, from and after the date of assumption by the
regional authority pursuant to this Section, be undertaken and completed by the regional
authority in the manner and at the times provided in this Chapter or other applicable law and
in any lawful agreements made by the local government before the date of assumption by the
regional authority pursuant to this Section.
C. The exclusive right and authority to occupy, operate, control, and use the airport
facilities includes but is not limited to all of the following:
(1) Operational jurisdiction over all movable and immovable property of the airport,
including but not limited to terminals, runways, taxiways, aprons, hangars, aids to air
navigation, vehicles or facilities, parking facilities for passengers and employees, and
buildings and facilities used to operate, maintain, and manage the airport, subject to any liens
on the immovable property and restrictions and limitations on the use of the immovable
property.
(2) The local government's right, title, and interest in, and all of the local
government's responsibilities arising under, leases, concessions, and other contracts for
airport facilities.
D. The acquisitions, assumptions, successions, or transfers provided for in this
Section include but are not limited to all of the following:
(1) All contracts and other obligations with airlines, tenants, concessionaires,
leaseholders, and others at the airport.
(2) All financial obligations secured by revenues and fees generated from the
operations of the airport including but not limited to airport revenue bonds, special facilities
revenue bonds, and all bonded indebtedness associated with the airport.
(3) All cash balances and investments relating to or resulting from operations of the
airport for which operational jurisdiction has been transferred to the regional authority, all
money held under an ordinance, resolution, or indenture related to or securing obligations
of the local government that have been assumed by the regional authority, all of the accounts
receivable in action arising from operations of the airport, and all benefits of contracts and
agreements.
(4) All office equipment including but not limited to computers, records and files,
software, and software licenses required for financial management, personnel management,
accounting and inventory systems, and general administration.

Legislative History

Acts 2025, No. 118, §1, eff. June 8, 2025.