N.Y. Comp. Codes R. & Regs. tit. 21, § 175.11 – Car rental concessions customer facility charges.

(1) Airport shall mean the Syracuse Hancock International Airport.
(2) Customer facility charge or CFC shall mean any charge or fee imposed by the authority on on-airport and off-airport rental car companies for the operation, maintenance, design, planning, construction, repair and any other costs and expenses associated with rental car operations at the airport.
(3) Eligible rental facility costs shall mean all costs associated with maintaining and/or improving current airport rental facilities and/or improvements thereto including feasibility studies, planning, design, architectural and engineering costs, capital costs, construction, repair, debt service, reserve funds, operating and maintenance expenses and all other similar or related expenses associated with the current airport rental facilities as they currently exist or as they may exist and/or arise in the future.
(4) Off-airport location shall mean those (other) locations of a rental car company not physically located at and/or doing business at the airport.
(5) On-airport location shall mean those locations of a rental car company maintaining a physical presence at and renting cars at the airport.
(6) Rental car company shall mean a rental car company maintaining a presence at and renting cars at the airport.
(7) Transaction day shall mean each 24 hour day or portion thereof for which a rental car company rents a vehicle to a particular customer.
(b) Findings and purpose.
(1) The Syracuse Regional Airport Authority was formed pursuant to Chapter 463 of the Laws of New York 2011 (the “enabling act”) as a public benefit corporation. The purpose of the authority, among others, is “to acquire, construct, reconstruct, continue, develop, equip, expand, improve, maintain, finance and operate aviation and other related facilities and services within central New York”.
(2) As the operator of the airport, the authority has the responsibility to implement its purposes in connection with its operation of the airport. The operations at the airport include the provision of rent a car operations through various concession agreements with private rent a car companies in order to serve the needs of the traveling public. The authority is responsible for the maintenance, development and expansion of airport rent a car operations as necessary.
(3) Private rent a car counters for renting cars to the traveling public are currently located in the airport terminal. Rental cars themselves are located in the airports approximately 39-year-old parking garage and occupy approximately 480 ready return spaces out of the approximately 3,000 spaces available in the airport parking garage. Other airport locations are used for cleaning, fueling, maintenance and repairing of rental cars. These various rental car operations and locations at the airport are collectively referred to hereinafter as the “current airport rental facilities” or “CARF”.
(4) The CARF require substantial annual maintenance and improvements in order to keep pace with the increasing needs of the traveling public at the airport. The various elements of CARF are rapidly approaching the end of their useful economic life and are requiring increasingly substantial expenditures of funds to keep them in operation.
(5) Other airports across the nation are experiencing similar problems with their existing rental car operations and are modernizing and consolidating them into single consolidated rent-a-car facilities often referred to as “ConRac’s”. In order to fund the design, construction and operation of ConRac’s and/or various other rental car facility improvements, airports are imposing CFC’s on rental car transactions.
(6) The Enabling Act authorizes the authority to fix, revise, levy and collect such fares, rentals, rates, charges and other fees for the use and operation of any real property, aviation facility or other facility operated by the authority.
(7) Section 396-Z of the Consolidated Laws of New York authorizes car rental companies to recover from their customers any fees charged by an airport operator for the finance, design, construction and operation and maintenance of rental car facilities.
(8) By Resolution No. 16 of 2019 (the “authorizing resolution”) the board of the authority authorized the imposition of a customer facility charge effective September 1, 2019 on all rental car company rent a car contracts in the initial amount of $5 per transaction day, or portion of any day, with no maximum cap on the number of days for which the CFC is assessed.
(9) These rules and regulations are adopted to further implement the collection and expenditure of CFC’s for improved rental car facilities at the airport, including but not limited to, the planning, design, construction and operation of a dedicated ConRac facility at the airport.
(c) Customer facility charge imposition, collection, reporting and modification.
(1) The authority shall be solely responsible for setting and/or adjusting, from time to time, the dollar amount of CFC’s assessed with regard to rental car contracts and/or any limit on the number of days for which CFC’s may be collected, in order to pay all eligible rental facility costs.
(2) CFC’s are to be collected by rental car companies at both on-airport locations and off-airport locations.
(3) All CFC’s collected by rental car companies are and shall be trust funds held by the car rental companies for the benefit of the airport. Rental car companies and their agents hold only a possessory interest in the CFC’s, and no legal or equitable interest.
(4) All rental car companies shall segregate, separately account for and disclose all CFC’s as trust funds in their financial statements, and shall maintain adequate records that account for all CFC’s charged and collected. Failure to segregate the CFC’s shall not alter or eliminate their trust fund nature. The airport shall have the right to audit rental car companies CFC records upon reasonable notice.
(5) All rental car companies shall remit all CFC’s that were collected or should have been collected on a monthly basis to the airport together with the monthly statement of transactions and transaction days. The CFC’s shall be remitted on or before the last day of the month following the month the CPC’s were collected. Failure to strictly comply with this subparagraph shall be considered a material breach of a rental car rental company’s authorization to do business at the airport.
(6) In the event any car rental company violates any term or condition of these rules and regulations, the airport may exercise any and all rights or remedies it has in law or equity.
(7) In the event any phrase, clause, sentence, paragraph, or paragraphs of these rules and regulations is or are declared invalid for any reason, the remainder of these rules and regulations shall not be invalidated, and shall remain in full force and effect, all parts of these rules and regulations being declared separable and independent of all others.

(a) Definitions.

As used in these regulations the following definitions shall apply to terms not otherwise defined herein.