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AAAE Federal Affairs Committee
Issues and Recommendations for FAA Reauthorization Bill
Fall 2021

Contact Information
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I.   Airport Funding and Financing

    A.   Passenger Facility Charges

Raise or eliminate federal cap on local Passenger Facility Charges.
Eliminate PFC application requirement when airports use PFC revenue to pay local match of AIP projects.
Increase threshold for detailed review of PFC applications from $25 million to $100 million and expand streamlining to include a broader range of projects at large, medium, and small hub airports.
Replace current PFC application process with “impose and report” method.
Align PFC eligibility with eligible uses in current law for airport revenue (i.e., PFCs may be used on any capital project.)
Please provide any comments and/or recommendations you may have on PFC modifications.
     B.   Airport Improvement Program
Increase AIP authorization level and ensure stable predictable funding through a multi-year reauthorization bill enacted prior to the current expiration on October 1, 2023.
Allow airports to assume 85% of terminals are AIP eligible to simplify application, review, and auditing processes.
Eliminate $20 million cap on cumulative amount of discretionary funds that non-hub and small hub airports can use for terminal projects.
Allow airports to retain AIP entitlements in future years based on passenger numbers in calendar year 2019 until they fully recover from the pandemic. [Note: Current law bases AIP apportionments in FY22 and FY23 on CY18 or CY19 – whichever is higher – rather than CY20 or CY21.]
Allow airports to use AIP funds for early incentive payments to help expedite the completion of airport infrastructure projects.  [Note:  As included in the Expedited Delivery of Airport Infrastructure Act currently pending before Congress.]
     C.   Supplemental Funding
Extend authorization in current law for supplemental AIP funding (above baseline AIP levels), and allow FAA to use supplemental funds for broader range of projects, including terminals and environmental projects.
Please provide any comments and/or recommendations you may have on AIP modifications and/or supplemental funding, keeping in mind that the infrastructure bill pending before Congress also includes $15 billion for airport infrastructure grants plus $5 billion for a new airport terminal program.
     D.   Airport Infrastructure Financing
Permanently exempt private activity bonds from Alternative Minimum Tax.
Reinstate Advance Refunding Bonds. [Note: included in House reconciliation package.]
Reinstate Build America Bonds. [Note: included in House reconciliation package.]
Expand TIFIA to cover more airport infrastructure projects. [Note: infrastructure bill would expand TIFIA to PFC-eligible projects.]
Please provide any comments and/or recommendations you have on enhancing airport infrastructure financing options.
     E.   Aeronautical Revenue
Simplify airport rates and charges and give airports more control by using ICAO standards rather than prescriptive FAA regulations.
Permit advanced charging for infrastructure under construction (with airline consultation.)
     F.   Non-Aeronautical Revenue
Allow airports to use non-aeronautical revenue on air service incentives or other airport purposes. 
Lift other restrictions on raising and spending non-aeronautical revenue.
Please provide any other comments and/or recommendations you may have on aeronautical and non-aeronautical revenue.
     G.   Miscellaneous
Tax airline baggage fees and other non-taxed ancillary fees and deposit revenue into Airport and Airway Trust Fund to help pay for airport infrastructure and other FAA functions.
Ensure stable and predictable airport and aviation system funding by pushing for a multi-year reauthorization bill that includes airport priorities.
Protect aviation programs during government shutdowns by allowing the FAA to temporarily draw from the Airport and Airway Trust Fund for operations up to 30 days. [Note: Similar to H.R. 4042, the Aviation Funding Stability Act.]
Please provide any comments and/or recommendations you may have on airport funding and financing.
What are your top priorities for airport infrastructure funding and financing?
II.   Small Community Issues
[Note: The AAAE Air Service Committee and U.S. Contract Tower Association will have more detailed recommendations in these areas for further consideration.]
Please provide any comments and/or recommendations you may have on small community issues.
What are your top priorities for small community issues?
III.    General Aviation
[Note: The General Aviation Airports Committee will have more detailed recommendations in this area for further consideration.]
Please provide comments and/or recommendations you have for general aviation issues.
What are your top priorities for general aviation?
IV.   Aircraft Noise
Increase funding for mitigation of aircraft noise impacts on communities.
Continue to evaluate FAA noise policy based on findings of noise annoyance study.
Allow homeowners inside 65 DNL to have access to a second round of noise mitigation funds if previously installed windows and doors failed due to improper installation or bad equipment. [Note: This is a proposal from Rep. Adam Smith (D-WA) currently pending before Congress.]
Urge FAA to expedite the implementation of flight procedures that can attenuate aircraft noise in coordination with local communities.
Require FAA to carefully consider the potential impact that supersonic aircraft could have on local communities concerned about aircraft noise.
Please provide comments and/or recommendations you have for aircraft noise.
What are your top priorities for aircraft noise?
V.   PFAS

[Note: The AAAE PFAS Coalition is undertaking a detailed review of PFAS-related issues and will have more detailed recommendations in this area for further consideration].
Please provide comments/recommendations/priorities you have regarding PFAS, recognizing that the AAAE PFAS Coalition will have specific recommendations for your future consideration.
VI.   Other Environmental Issues
Expand the Voluntary Airport Low Emission Program by allowing airports outside of air quality nonattainment areas to use AIP funds and PFC revenue for eligible projects.
Expand and provide adequate funding for the Airport Zero Emissions Vehicle and Infrastructure Pilot Program to hasten purchase of zero emissions vehicles and infrastructure required to operate them.
Promote conversion to electric vehicles by creating FAA program to support airports’ installation of charging stations, including for customers’ parking facilities.
Provide funding to airports to help convert buses and other vehicles to renewable natural gas.
Address climate change by providing federal funds for resiliency projects at commercial service airports.
Help reduce greenhouse gas emissions by authorizing funds for DOT to provide grants to airports and other eligible entities to produce, transport, blend, or store Sustainable Aviation Fuel (SAF).
Incentivize production of SAF by creating a blenders tax credit. 
Require FAA to coordinate with National Academy of Sciences to study ultra-fine particle emissions and their potential health impact on communities near airports. [Note: This is a proposal from Rep. Adam Smith (D-WA) currently pending before Congress.]
Take steps to study and/or mitigate impact of aircraft emissions on indoor air quality at schools near airports.
Please provide any comments and/or recommendations you may have on other environmental issues.
What are your top priorities for other environmental issues?
VII.   Air Traffic Control Modernization/Airspace
Maintain or increase funding for NextGen.
Ensure safe integration of new entrants -- including UAS, AAM, commercial space vehicles, and supersonic aircraft -- into the National Airspace System.
Require DOT to create interagency working group to work with airports and other aviation stakeholders to help advance use/integration of AAM. [Note: This approach is contemplated as part of the Advanced Air Mobility Coordination and Leadership Act pending before Congress.]
Ensure new entrants pay their fair share of the costs for increased ATC services and infrastructure that is needed to accommodate these operations.
Please provide any comments and/or recommendations you may have on ATC modernization and airspace issues.
What are your top priorities for ATC modernization and airspace issues?
VIII.   Regulatory Streamlining
Require FAA to use the rulemaking process when proposing to impose new restrictions on airports.
Review, modify, or eliminate unnecessary grant assurances but maintain reasonable conditions including those that prohibit revenue diversion, unjust discrimination, etc.
Please identify what specific grant assurance you believe needs to be reviewed, modified, or eliminated.
Develop changes to/streamline current Section 163 requirements pertaining to non-aeronautical uses of land obtained with non-federal dollars.
Please provide any comments and/or recommendations you may have on regulatory streamlining.
What are your top priorities for regulatory streamlining?
IX.   Airport Proprietary Rights
Protect airports’ right to regulate airport landside users (e.g., TNCs, Turo, shuttle services, other ground transportation providers) to protect service, manage capacity, and contribute to paying a fair share of infrastructure and operations costs.
Continue to defend airports’ proprietary exclusive right to operate and manage-FBO facilities.
Resist new restrictions on rates and charges for general aviation users, including 
free access.
Protect grandfathered airports, and all airports receiving AIP funds, from retroactive legislation, grant assurances and policies.
Please provide any comments and/or recommendations you may have on airport proprietary rights.
What are your top priorities for airport proprietary rights?
X.  Other COVID-19/Pandemic Preparedness
Require federal agencies to coordinate with airports, airlines, and other aviation stakeholders to ensure aviation industry is prepared for another pandemic. [Note: This approach is contemplated as part of the National Aviation Preparedness Act pending before Congress.]
Please provide any comments and/or recommendations you may have on COVID-19 and pandemic preparedness.
What are your top priorities for COVID-19 and pandemic-preparedness?
XI.   Miscellaneous
Provide liability protection for any airport personnel designated as the responsible individual for implementing safety management systems (SMS).
Provide airports with public disclosure protection for any safety-related data that airports generate as part of their SMS program.
Promote diversity by supporting Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Programs.
Take steps to address aviation workforce shortage that is impacting communities of all sizes. [Note: Recommendations to come from Air Service Committee.]
Please provide any comments and/or recommendations you may have.
What are your top miscellaneous priorities?
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