1-1-1. Repealed.

History of Section. P.L. 1939, ch. 660, § 106, P.L. 1940, ch. 851, § 10, impl. am. P.L. 1952, ch. 2975, § 2, G.L. 1956 § 1-1-1 ; Repealed by P.L. 2000, ch. 371, § 1, effective July 19, 2000. For present comparable provisions, see § 1-2-1 .

1-1-2 — 1-1-5. Repealed.

1-2-1. Powers of the director of the Rhode Island airport corporation.

1. The director has supervision over the state airport at Warwick and any other airports constructed or operated by the state. The director shall enforce the provisions of this chapter. Furthermore, the director is authorized to promulgate rules and regulations for the safe and efficient operation of airports, airport facilities, and grounds.
2. As used in this chapter:
   1. “Airport corporation” means the Rhode Island airport corporation.
   2. “Director” means the executive director of the Rhode Island airport corporation.

History of Section. P.L. 1935, ch. 2250, § 63; G.L. 1938, ch. 110, § 1; P.L. 1940, ch. 851, § 9; G.L. 1956, § 1-2-1 ; P.L. 1983, ch. 32, § 1; P.L. 2000, ch. 371, § 2.

1-2-1.1. Powers relating to vehicular traffic accessing airport facilities — Rhode Island T.F. Green International Airport.

1. 1. The Rhode Island airport corporation is authorized:
      1. To impose charges on customers of rental companies, as defined in § 31-34.1-1 , who directly or indirectly use Warwick Station or the Rhode Island T.F. Green International Airport, at the rates that the Rhode Island airport corporation may deem necessary to provide adequate revenue to pay all costs of constructing, reconstructing, expanding, reconfiguring, operating, and maintaining Warwick Station regardless of whether those charges may have an anticompetitive effect; and
      2. To regulate the access of vehicular traffic to airport properties including by excluding one or more classes of vehicular traffic from accessing portions of airport roadways, parking lots, curbsides, and other vehicular facilities.
   2. Nothing in this section shall be construed to limit the authority of Rhode Island airport corporation to impose other fees, charges, rates, or rentals including any other fees, charges, rates, or rentals imposed on rental companies or to adopt other regulations.
2. All customer facility charges collected under the authority of subsection (a)(1)(i) of this section and all customer facility charges collected by any rental company from customers under color of those provisions, or pursuant to regulations adopted by the airport corporation, constitute a trust fund for the airport corporation until paid. That trust is enforceable against: (1) The rental company; (2) Any officer, agent, servant, or employee of any rental company responsible for either the collection or payment, or both, of the customer facility charge; (3) Any person receiving any part of the fund without consideration, or knowing that the rental company or any officer, agent, servant, or employee of any rental company is committing a breach of trust; and (4) The estates, heirs, and representatives of persons or entities described in subsections (b)(1) — (b)(3); provided, that a customer to whom a refund has been properly made, or any person who receives payment of a lawful obligation of the rental company from that fund, is presumed to have received that amount in good faith and without any knowledge of the breach of trust.
3. If the airport corporation or any officer of the corporation believes that the payment to the airport corporation of the trust fund established under subsection (b) of this section will be jeopardized by delay, neglect, or misappropriation, the airport corporation or officer shall notify the rental company that the trust fund shall be segregated, and kept separate and apart from all other funds and assets of the rental company and shall not be commingled with any other funds or assets. The notice shall be given by either hand delivery or by registered mail, return receipt requested. Within four (4) days after the sending of the notice, all of the customer facility charges which thereafter either become collectible or are collected shall be deposited daily in any financial institution in the state as defined in title 19 and those customer facility charges designated as a special fund in trust for the airport corporation and payable to the airport corporation by the rental company as trustee of that fund.
4. The penalty for misappropriations provided by § 44-19-37 shall apply as though that section referred to “customer facility charge” in each place where it refers to “tax”.
5. The provisions of subsections (b), (c), and (d) of this section are not exclusive, and are in addition to all other remedies the airport corporation may employ in the enforcement and collection of customer facility charges.

History of Section. P.L. 2002, ch. 65, art. 40, § 2; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-2. Conferring with persons versed in aviation — Cooperation with federal agencies — Employment of assistants.

The director is authorized to confer with persons versed in aviation; to cooperate with the various United States government agencies interested in aviation; and to employ and discharge, at his or her pleasure, engineers, architects, and other assistants as he or she may deem advisable and fix their compensation within the amounts appropriated for their compensation, subject, however, to the approval of the director of administration.

History of Section. P.L. 1929, ch. 1353, § 2; G.L. 1938, ch. 110, § 2; P.L. 1940, ch. 851, § 8; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 1-2-2 ; P.L. 2000, ch. 371, § 2.

1-2-3. Acquisition of land.

1. The department of transportation may, with the approval of the governor, and subject to the provisions of chapter 6 of title 37, acquire, by purchase or condemnation, any land or any estate or interest in land, including airspace within this state that it may deem necessary for a suitable airport or landing field, or to preserve, maintain, or restore an approach, but in no event shall the department obligate the state in excess of the sums appropriated for that purpose. No land or estate in this state owned and used by any railroad company shall be taken by condemnation under this chapter until after a hearing before the public utilities administrator of this state and until the consent of the public utilities administrator to the taking is given.
2. No airport, landing field, or any runway or approach zone shall be enlarged or extended in any city or town unless the assistant director for airports, or his or her successor or other person or officer exercising his or her functions, filed in the office of the city or town clerk of the city or town in which the expansion is proposed a plan drawn to scale showing the existing airport and runways, which must have been included in the federal aviation administration approved master plan documents; the planned extensions or lengthening of the existing runways; any and all public highways crossed by the extensions; and lots and parcels of land within a one-mile distance of the proposed extensions; together with a delineation of any approach zone required by the extension and an identification of every parcel of land that requires a taking in order to accomplish the extension together with a brief statement describing the work to be undertaken in extending the runway. The plan and statement shall be filed at least twelve (12) months before any physical construction work begins on any extension of runway or airport expansion.
3. The assistant director for airports shall also, at the time plans are filed with the clerk, file a notice in a newspaper having general circulation in the city and town setting forth that the plan has been filed in the office of the city or town clerk and giving notice to the residents of the city or town of the proposed runway extension or airport expansion.
4. The plan and statement shall be open to public inspection in the office of the city or town. A public hearing shall be held in the city or town at least six (6) months prior to any construction on the proposed runway or airport expansion by the assistant director at the time and place in the city or town set forth in the notice referred to in subsection (c).
5. The governor has the authority in any emergency declared by him or her to authorize the enlargement or extension of any runway notwithstanding any other provision of this chapter.

History of Section. P.L. 1929, ch. 1353, § 3; G.L. 1938, ch. 110, § 4; P.L. 1940, ch. 851, § 8; impl. am. P.L. 1953, ch. 3105, § 2; G.L. 1956, § 1-2-3 ; P.L. 1970, ch. 256, § 1; P.L. 2021, ch. 349, § 1, effective July 12, 2021; P.L. 2021, ch. 350, § 1, effective July 12, 2021.

1-2-3.1. Airport, landing field, runway, and approach defined.

As used in this chapter:

1. “Airport” or “landing field” means any area of land designed and set aside for the approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public for those purposes. An airport is publicly owned if the portion used for the landing and taking off of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency or department of the United States, this state or any other state or any municipality or other political subdivision of this state, or any other state, or any other governmental body, public agency, or other public corporation.
2. “Approach,” “approach zone,” “approaches” means any airport land, airspace, and surfaces as set forth by the Federal Aviation Administration and Code of Federal Regulations in Title 14 Code of Federal Regulations Part 77 — Safe, Efficient Use, and Preservation of the Navigable Airspace.
3. “Runway” means that portion of an airport or landing field designed or set aside for use by aircraft in landing, taking off, or taxiing or moving of aircraft on the ground. A runway shall be construed to include any projection or extension for use as an approach zone, and approaches as set forth in § 1-3-7 .

History of Section. G.L. 1956, § 1-2-3.1 ; P.L. 1970, ch. 256, § 2; P.L. 2021, ch. 349, § 1, effective July 12, 2021; P.L. 2021, ch. 350, § 1, effective July 12, 2021.

1-2-4. Contracts for development and operation of airports.

The department of transportation is authorized to make contracts on behalf of the state in relation to the development, operation, and maintenance of a state airport or landing field and to grade the grounds and put them into suitable condition for use as a landing field and to provide any facilities and accommodations that it may deem necessary. All contracts are awarded as provided in § 42-11-2 .

History of Section. P.L. 1929, ch. 1353, § 5; G.L. 1938, ch. 110, § 6; P.L. 1940, ch. 851, § 8; G.L. 1956, § 1-2-4 .

1-2-5. Repealed.

History of Section. P.L. 1932, ch. 1889, § 6; G.L. 1938, ch. 110, § 12; P.L. 1940, ch. 851, § 9; impl. am. P.L. 1952, ch. 2975, § 2; G.L. 1956 § 1-2-5 ; P.L. 1983, ch. 32, § 2; Repealed by P.L. 2000, ch. 371, § 5, effective July 19, 2000.

1-2-6. Repealed.

History of Section. P.L. 1932, ch. 1889, § 4; G.L. 1938, ch. 110, § 3; P.L. 1940, ch. 851, § 9; G.L. 1956, § 1-2-6 ; P.L. 1983, ch. 32, § 3; Repealed by P.L. 2001, ch. 86, § 16, effective July 6, 2001.

1-2-7. Leases, concessions, and licenses.

1. The department of transportation may lease any portion of any airport or landing field owned or operated by the state or any of the buildings or structures erected on any airport or landing field and grant concessions upon portions of any airport or landing field owned or operated by the state for a period not exceeding five (5) years, with or without renewal options for a like period, in the manner prescribed by § 37-7-9 . Where a substantial building, renovation, improvement, or addition to an existing building is to be constructed for any airport or aeronautical service, activity, purpose, or function or any allied service, activity, purpose, or function, the department may lease in the manner provided in § 37-7-9 any portion of any airport or landing field owned or operated by the state for a period not exceeding thirty (30) years.
2. In all department leases, concessions, licenses, and in all landing fee schedules imposed by the department, provisions shall be included requiring a graduated scale of payments designed to encourage take-offs and landings between the hours of 6:30 a.m. and midnight (12:00 a.m.). Any landings occurring after midnight (12:00 a.m.) and before 6:30 a.m. because of conditions beyond the control of the airlines and/or aircraft operator are not subject to any additional landing fees.
3. The department shall include a provision in all leases, licenses, and concessions requiring aircraft landing at Rhode Island T.F. Green International Airport:
   1. To be equipped with noise and emission abatement devices as required by federal law or regulation in effect on July 1, 1985; and
   2. By January 1, 1989, to be equipped with noise and emission abatement devices as contained in federal aviation regulation, part 36, noise standards: aircraft type and airworthiness certification scheduled to take effect on January 1, 1989.

History of Section. P.L. 1929, ch. 1353, § 5; P.L. 1932, ch. 1889, § 5; G.L. 1938, ch. 110, § 7; P.L. 1940, ch. 851, § 8; impl. am. P.L. 1953, ch. 3105, § 21; G.L. 1956, § 1-2-7 ; P.L. 1966, ch. 241, § 1; P.L. 1983, ch. 32, § 4; P.L. 1985, ch. 333, § 1; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-7.1. Relating to airport and landing fields.

1. The Rhode Island airport corporation has jurisdiction over the state airports and airport facilities, and the general assembly recognizes that the safe and efficient operation of the airports and airport facilities is of paramount importance to the citizens of the state of Rhode Island. The general assembly has found and hereby declares that it is in the public interest and essential to the welfare and well-being of the citizens of the state for the Rhode Island airport corporation to lease or grant concessions of real property not necessary from time to time for airport use to state or municipal governmental authorities to enable such governmental authorities to carry out their governmental functions and purposes.
2. The Rhode Island airport corporation, together with the Rhode Island department of transportation, is hereby authorized to lease to the town of Westerly that certain parcel of real property located at the Westerly Airport consisting of approximately one hundred and twenty-two thousand nine hundred and sixty-four (122,964) square feet situated easterly of Airport Road in the town of Westerly, county of Washington, state of Rhode Island, and described as follows: Beginning at a railroad spike set on a point of tangency a bearing of S 77 degrees 49 minutes 49 seconds E and a radial distance of two hundred ten and forty hundredths (210.40) feet from Station 44-25.15 as shown on Rhode Island State Highway Plat No. 1159 at the northwesterly corner of the herein-described parcel;

   thence N 88 degrees 20 minutes 30 seconds E along a line forty (40) feet southerly and parallel with the northerly Westerly Airport property line of an access road leading to the Westerly Airport terminal a distance of six hundred ninety-four and seventeen hundredths (694.17) feet to an iron pin with cap set at a point of curvature;

   thence proceeding easterly bearing southerly along a curve with a radius of fifteen and zero hundredths (15.00) feet with a central angle of 144 degrees 45 minutes 45 seconds, with a chord bearing of S 19 degrees 16 minutes 38 seconds E and a chord distance of twenty-eight and fifty-nine hundredths (28.59) feet, an arc length of thirty-seven and ninety hundredths (37.90) feet to an iron pin with cap set at a point of tangency;

   thence S 53 degrees 06 minutes 15 seconds W along access road a distance of three hundred thirty-nine and seventy-one hundredths (339.71) feet to an iron pin with cap set at a point of curvature;

   thence proceeding southwesterly bearing westerly along said access road along a curve with a radius of two hundred twenty and zero hundredths (220.00) feet, a central angle of 81 degrees 40 minutes 24 seconds, with a chord bearing of N 86 degrees 03 minutes 33 seconds W and a chord distance of two hundred eighty-seven and seventy-two hundredths (287.72) feet, an arc distance of three hundred thirteen and sixty hundredths (313.60) feet to an iron pin with cap set at a point of tangency;

   thence N 45 degrees 13 minutes 21 seconds W along said access road a distance of two hundred twenty-two and seventy-four hundredths (222.74) feet to an iron pin with a cap set at a point of curvature;

   thence proceeding northwesterly bearing northerly along a curve with a radius of twenty and zero hundredths (20.00) feet, a central angle of 133 degrees 33 minutes 51 seconds, a chord bearing of N 21 degrees 33 minutes 34 seconds E and a chord distance of thirty-six and seventy-six hundredths (36.76) feet, an arc distance of forty-six and sixty-two hundredths (46.62) feet to the point and place of beginning.

   The herein described new Lot A contains one hundred twenty-two thousand nine hundred sixty-four (122,964) square feet of land or two and eight hundred twenty-three thousandths (2.823) acres be the same, more or less.

   The herein-described new Lot A is shown on that plan entitled “Minor Subdivision, Proposed Westerly Police Station, out of AP 108, Lot 19, Westerly Airport, Westerly, Rhode Island, scale 1" =40", dated 5/21/05, prepared for the Rhode Island airport corporation by Bryant Associates, Inc., Engineers and Surveyors, Thomas D. Drury, Jr., PLS” together with all structures and improvements located and/or to be built thereon, for the purpose of constructing and maintaining a police station, for a period not in excess of ninety-nine (99) years.

History of Section. P.L. 2006, ch. 9, § 1; P.L. 2006, ch. 10, § 1.

1-2-8. Sale of improvements — Proceeds of sales and leases.

As provided in § 37-7-5 , the department of transportation has the power, with the approval of the state properties committee, to sell any buildings or improvements located on any land and not required for the purpose of this chapter, and all proceeds arising from any sale and all income from any lease or concession shall be turned over to the general treasurer for the use of the state.

History of Section. P.L. 1929, ch. 1353, § 7; G.L. 1938, ch. 110, § 8; impl. am. P.L. 1939, ch. 660, § 261; impl. am. P.L. 1953, ch. 3105, § 18; G.L. 1956, § 1-2-8 .

1-2-9. Reconveyance or sale of surplus lands.

The director of transportation, when he or she deems any land or interests in land acquired or taken under the provisions of this chapter to be no longer required for the purposes of this chapter, may dispose of those lands or interests in lands in the manner prescribed by § 37-7-3 .

History of Section. G.L. 1938, ch. 110, § 15; P.L. 1949, ch. 2385, § 2; impl. am. P.L. 1953, ch. 3105, § 16; G.L. 1956, § 1-2-9 .

1-2-10. Contracts and expenditures limited to appropriations.

The department of transportation shall not enter into any contract or agreement or take any action involving the expenditure of money until an appropriation has been made for that purpose and funds are available for expenditure by the department.

History of Section. P.L. 1929, ch. 1353, § 6; G.L. 1938, ch. 110, § 9; P.L. 1940, ch. 851, § 8; G.L. 1956, § 1-2-10 .

1-2-11. Interest of airport corporation employees prohibited.

No employee of the airport corporation shall have any financial interest, directly or indirectly, in any of the land or any estate or interest in land acquired by the state pursuant to § 1-2-3 ; in any contract or undertaking relating to the construction or equipment of a state airport; or in the laying out of its grounds.

History of Section. P.L. 1929, ch. 1353, § 8; G.L. 1938, ch. 110, § 11; P.L. 1940, ch. 851, § 8; G.L. 1956, § 1-2-11 ; P.L. 1998, ch. 441, § 3; P.L. 2000, ch. 371, § 2.

1-2-12. Appropriations — Disbursements.

The general assembly shall annually appropriate any sums that it may deem necessary for the purposes of this chapter, and the state controller is authorized and directed to draw his or her orders upon the general treasurer from time to time for the payment of those sums, or so much of those sums, as may be necessary, upon receipt by him or her of vouchers signed by the director of transportation.

History of Section. P.L. 1932, ch. 1889, § 7; G.L. 1938, ch. 110, § 13; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1940, ch. 851, § 8; G.L. 1956, § 1-2-12 .

1-2-13. Annual report to general assembly.

The department of transportation shall annually report to the general assembly the progress of the work entrusted to it, the contracts outstanding, the sums expended, and the obligations incurred by it to the date of the report.

History of Section. P.L. 1929, ch. 1353, § 9; G.L. 1938, ch. 110, § 14; P.L. 1940, ch. 851, § 8; G.L. 1956, § 1-2-13 .

1-2-14. Peters-Fournier Airport.

The north central airport in Rhode Island shall be officially named and known as “The Peters-Fournier Airport of Rhode Island”.

History of Section. P.L. 1953, ch. 3113, § 1; G.L. 1956, § 1-2-14 .

1-2-14.1. Chester M. Spooner Memorial Building.

The administration building at the north central airport, shall be officially named the “Chester M. Spooner Memorial Building” and the wording of any plaque or sign shall be appropriately designed and displayed.

History of Section. P.L. 1977, ch. 3, § 1.

1-2-14.2. The Colonel Robert F. Wood Air Park.

The Newport Air Park and the Newport State Airport shall be officially named and known as “The Colonel Robert F. Wood Air Park.”

History of Section. P.L. 2000, ch. 34, § 1.

1-2-15. Leasing for purposes of national defense.

The airport corporation may lease to the United States government or agencies of the United States government, when the lease concerns matters of national defense or aviation safety or convenience, any portion of any airport or landing field or any of the buildings or structures on the airport or landing field for a period or periods not to exceed fifty (50) years; the lease to be executed by the director containing any reasonable conditions, rules, restrictions and regulations as the assistant director for airports deems suitable or necessary and be approved as to substance by the director of administration and as to form by the attorney general.

History of Section. P.L. 1963, ch. 131, § 1; P.L. 2000, ch. 371, § 2.

1-2-16. Noise and emissions directives.

The director is directed to issue operating procedures and directives requiring that aircraft utilizing Rhode Island T.F. Green International Airport, to the greatest extent possible, commensurate with passenger safety and federal law and regulation, minimize the use of reverse engine thrust employed to slow an aircraft as it lands.

History of Section. P.L. 1985, ch. 333, § 2; P.L. 2000, ch. 371, § 2; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-17. Payment for compensation for municipal services to the city of Warwick.

The Rhode Island airport corporation, from a parking surcharge at the Rhode Island T.F. Green International Airport as defined by a 1988 agreement between the state acting by and through the director of transportation and the city of Warwick, shall pay to the city of Warwick out of the parking revenue received at Rhode Island T.F. Green International Airport as compensation for municipal services provided at Rhode Island T.F. Green International Airport a sum of not less than two hundred seventy-five thousand dollars ($275,000) for fiscal year 1994 payable quarterly; for each fiscal year after 1994, this sum may be reviewed or renegotiated, or both, by the mayor of the city of Warwick and the airport corporation, but in no event will the sum be less than five hundred thousand dollars ($500,000) in any fiscal year beginning after 1993 and before 2005, or less than seven hundred fifty thousand dollars ($750,000) in any fiscal year beginning after 2004, provided any payments provided or any portion of these payments is not disapproved by the FAA. In the event that the FAA disapproves this payment from the airport corporation, the state shall pay to the city of Warwick the sums of money required to insure that the city of Warwick receives five hundred thousand dollars ($500,000).

History of Section. P.L. 1987, ch. 468, § 1; P.L. 1993, ch. 273, § 1; P.L. 1998, ch. 31, art. 34, § 1; P.L. 2002, ch. 65, art. 40, § 3; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-17.1. Sales taxes and surcharges on customer facility charges.

1. Moneys due and payable as sales taxes and rental vehicle surcharges on customer facility charges shall be deposited in a restricted receipt account entitled “receipts of sales taxes and surcharges on customer facility charges”. The Rhode Island airport corporation shall provide to the department of administration information related to the amount of customer facility charges remitted on or before June 30 of each year.
2. The amounts on deposit in the account for receipts of sales taxes and surcharges on customer facility charges shall be transferred to the city of Warwick as general revenues.
3. “Customer facility charge” means the customer facility charge collected by rental companies, as defined in § 31-34.1-1 , pursuant to regulations promulgated by the Rhode Island airport corporation.

History of Section. P.L. 2002, ch. 65, art. 40, § 2.

1-2-17.2. Municipal services at Rhode Island T.F. Green International Airport.

1. The municipal services to be provided to the Rhode Island T.F. Green International Airport as referenced in § 1-2-17 shall include, but not be limited to:
   1. Providing primary response and command for all structure fire alarms on the airport corporation property outside the airfield, and E-911 reporting system calls for extrications, industrial accidents, motor vehicle accidents, confined-space incidents, hazardous-material incidents and spills outside the airfield, and secondary response to airfield incidents on Rhode Island airport corporation property;
   2. Responding to and providing treatment and transportation for all emergency medical service calls on Rhode Island airport corporation property; and
   3. Maintaining a mutual aid agreement to respond to any potential catastrophe or emergency resulting from airport operations.
2. Nothing in this section shall be construed to limit the jurisdiction of the state police in connection with response to or command of any emergency incident on the airport corporation property.

History of Section. P.L. 2003, ch. 438, § 1; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-18. Parking fees in support of satellite airports.

1. Moneys due and payable to the state from any increase in parking fees at the Rhode Island T.F. Green International Airport, beyond those in effect May 1, 1991, shall be deposited in a restricted-receipt account entitled “parking fees in support of airports.”
2. The receipts annually transferred to the account in support of the operations of airports shall not exceed the amount approved by the general assembly. Revenues in excess of the amount approved by the general assembly for expenditures shall be recorded as general revenue of the state and transferred to the general fund.

History of Section. P.L. 1991, ch. 44, art. 42, § 1; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-19. Right of inspection — Governmental agencies.

1. Any state agency, or agency of a municipality that abuts a state-owned airport or landing field, as defined in this chapter, is authorized to send staff members or investigators upon the premises of any airport or landing field as regulated by this title for the purpose of inspecting the premises for compliance with state or municipal laws.
2. The agency investigating shall comply with pertinent Federal Aviation Administration safety guidelines to ensure public safety during the course of the investigation.

History of Section. P.L. 1995, ch. 390, § 1.

1-2-20. Severability.

Should any of the provisions contained in this chapter be in violation of any federal rule and/or regulation resulting in a loss of federal funding of whatever nature or kind then the provision shall be declared null and void and all other provisions of this chapter shall remain in full force and effect.

History of Section. P.L. 1985, ch. 333, § 2.

1-2-21. Payment for compensation for municipal services to state airports.

1. The Rhode Island airport corporation shall, subject to the approval of the Federal Aviation Administration, reimburse any municipality for the cost of municipal services provided by the municipality at any airport constructed or operated by the state upon receipt of appropriate documentation from the municipality in accordance with the requirements of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, Section V (Permitted Uses of Airport Revenue). D. Standard of Documentation for the Reimbursement to Government Entities of Costs of Services and Contributions Provided to Airports 64 Fed. Reg. 7996.7719 (1999).
2. This section shall not apply to the city of Warwick or Rhode Island T.F. Green International Airport.
3. The municipal services to be provided to the airports as referenced in subsection (a) shall include, but not be limited to:
   1. Providing primary response and command for all structure fire alarms on the airport corporation property outside the airfield and E-911 reporting system calls for extrications, industrial accidents, motor vehicle accidents, confined-spaced incidents, hazardous-material incidents and spills outside the airfield, and secondary response to airfield incidents on Rhode Island airport corporation property;
   2. Responding to and providing treatment and transportation for all emergency medical service calls on Rhode Island airport corporation property; and
   3. Maintaining a mutual aid agreement to respond to any potential catastrophe or emergency resulting from airport operations.
4. Nothing in this section shall be construed to limit the jurisdiction of the state police in connection with response to, or command of, any emergency incident on the airport corporation property.

History of Section. P.L. 2006, ch. 198, § 1; P.L. 2006, ch. 203, § 1; P.L. 2021, ch. 32, § 2, effective June 1, 2021; P.L. 2021, ch. 36, § 2, effective June 1, 2021.

1-2-22. Rhode Island T.F. Green International Airport.

The state airport located in the city of Warwick known as Theodore Francis Green state airport or T.F. Green state airport, shall hereafter be officially named and known as “Rhode Island T.F. Green International Airport.”

History of Section. P.L. 2021, ch. 32, § 1, effective June 1, 2021; P.L. 2021, ch. 36, § 1, effective June 1, 2021.

1-3-1. Short title.

This chapter shall be known and may be cited as the “Airport Zoning Act”.

History of Section. P.L. 1946, ch. 1743, § 13; G.L. 1956, § 1-3-1 .

1-3-2. Definitions.

As used in this chapter, unless the context otherwise requires:

1. “Airport” means any area of land or water, or both, designed and set aside for the approach, landing, and taking off of aircraft and utilized or to be utilized in the interest of the public for those purposes. An airport is “publicly owned” if the portion used for the landing and taking off of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency or department of the United States, this state, or any other state, or any municipality or other political subdivision of this state, or any other state, or any other governmental body, public agency, or other public corporation.
2. “Airport corporation” means the Rhode Island airport corporation.
3. “Airport hazard” means any electronic transmission device or structure, that, as determined by the federal aviation administration, interferes with radio communication between airport and aircraft approaching or leaving the airport, or any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to the landing or taking off of aircraft.
4. “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
5. “Obstruction” means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.
6. “Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative.
7. “Political subdivision” means any city or town or any other public corporation, authority or district, department, or any combination of two (2) or more, currently empowered to adopt, administer and enforce municipal zoning regulations or to purchase or condemn pursuant to § 1-2-3 .
8. “Structure” means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the object.
9. “Tree” means any object of natural growth.

History of Section. P.L. 1946, ch. 1743, § 1; G.L. 1956, § 1-3-2 ; P.L. 1999, ch. 462, § 1; P.L. 2021, ch. 349, § 2, effective July 12, 2021; P.L. 2021, ch. 350, § 2, effective July 12, 2021.

1-3-3. Declaration of policy.

It is found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in the airport. Accordingly, it is declared:

1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.
2. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
3. That this should be accomplished, to the extent legally by proper exercise of the police power, without compensation.
4. That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are public purposes for which the state and its political subdivisions may raise and expend public funds and acquire land or property interests.
5. That any obstructions to the use of navigable airspace destroy and impair the safe use of such airspace thereby endangering aircraft and are not in the interest of public health, public safety, or general welfare.

History of Section. P.L. 1946, ch. 1743, § 2; G.L. 1956, § 1-3-3 ; P.L. 1999, ch. 462, § 1.

1-3-4. Airport approach plans.

The airport corporation shall formulate, adopt, and revise, when necessary for planning, an airport airspace plan for each publicly owned airport in the state. Each plan shall indicate the circumstances under which structures and trees are, or would be, airport hazards; the area within which measures for the protection of the airport’s navigable airspace, including aerial approaches, should be taken; and what the height limits and other objectives of those measures should be. In adopting or revising any airspace plan, the airport corporation shall consider, among other things, the character of flying operations expected to be conducted at the airport; the traffic pattern and regulations affecting flying operations at the airport; the nature of the terrain; the height of existing structures and trees above the level of the airport; and the possibility of lowering or removing existing obstructions. The airport corporation may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches and other regulated airspace necessary to safe flying operations at the airport.

History of Section. P.L. 1946, ch. 1743, § 3; G.L. 1956, § 1-3-4 ; P.L. 1999, ch. 462, § 1; P.L. 2016, ch. 512, art. 2, § 34; P.L. 2021, ch. 349, § 2, effective July 12, 2021; P.L. 2021, ch. 350, § 2, effective July 12, 2021.

1-3-5. Zoning powers of political subdivisions.

1. In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area wholly or partly within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning regulations for that part of the airport hazard area which is within its territorial limits, which regulations may divide the airport hazard area into zones, and, within those zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
2. A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, administer, and enforce zoning ordinances pursuant to this chapter if the existing comprehensive zoning ordinance for the political subdivision does not provide for the land uses permitted, and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in, an airport hazard area.
3. A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, either in full or by reference, the provisions of part 77 of title 14 of the code of federal regulations, entitled “Objects Affecting Navigable Airspace” hereinafter known as part 77.

History of Section. P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-5 ; P.L. 1999, ch. 462, § 1.

1-3-6. Joint zoning boards.

Where an airport is owned or controlled by a political subdivision or where any other publicly owned airport is in one or more political subdivisions and where any airport hazard area appertaining to that airport is located outside the territorial limits of the political subdivision or subdivisions, the political subdivisions in which the airport and airport hazard area or areas are located may, by ordinance or resolution adopted, create a joint airport zoning board. The board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area or areas in question as that vested by § 1-3-5 in the political subdivision within which the area is located. Each joint board shall have as members two (2) representatives appointed by the city or town council or other legislative body of each political subdivision participating in its creation or addition. Another member is to be chairperson, elected by a majority of the members appointed.

History of Section. P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-6 ; P.L. 1999, ch. 462, § 1.

1-3-7. Airspace plans to be considered in zoning.

In adopting, administering, and enforcing any airport zoning regulations under this chapter, the political subdivision or subdivisions shall consider the airport airspace plan prepared by the airport corporation and the further considerations outlined in § 1-3-4 .

History of Section. P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-7 ; P.L. 1999, ch. 462, § 1.

1-3-8. Reasonableness of zoning regulations.

All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purpose of the chapter. In addition, each political subdivision and zoning board shall consider the regulations or standards promulgated by the Federal Aviation Administration in zoning the use of land and structures in areas over which jurisdiction is assumed.

History of Section. P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-8 ; P.L. 1999, ch. 462, § 1.

1-3-9. Continuance of existing uses.

No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in §§ 1-3-14 — 1-3-16 .

History of Section. P.L. 1946, ch. 1743, § 4; G.L. 1956, § 1-3-9 .

1-3-10. Purchase or condemnation of air rights.

In any case in which:

1. It is desired to remove, lower, or otherwise terminate a nonconforming use; or
2. The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
3. It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,

   the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, any air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.

History of Section. P.L. 1946, ch. 1743, § 11; G.L. 1956, § 1-3-10 .

1-3-11. Procedure for adoption of regulations.

No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in § 1-3-6 , after a public hearing in relation to these zoning regulations, at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which the airport or airport hazard areas are located.

History of Section. P.L. 1946, ch. 1743, § 6; G.L. 1956, § 1-3-11 ; P.L. 1999, ch. 462, § 1.

1-3-12. Incorporation in general zoning regulations.

In the event that a political subdivision has adopted, or adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion of the area under this chapter may be incorporated in those general zoning regulations and be administered and enforced in connection with those regulations, but those general zoning regulations shall not limit the effectiveness of the regulations adopted under this chapter.

History of Section. P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-12 .

1-3-13. Conflict with general zoning regulations.

In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, and whether those regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern.

History of Section. P.L. 1946, ch. 1743, § 5; G.L. 1956, § 1-3-13 .

1-3-14. Permits to construct, change, or repair structures — Removal of nonconforming uses.

1. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this chapter, any political subdivision in which an airport or airport hazard area is located shall establish a system for the granting of permits to establish or construct new structures and other uses and to replace existing structures and other uses or to make substantial changes or substantial repairs.

   Each person seeking a permit to construct or alter a structure within an airport hazard area under this section shall file a form 7460-1 with the federal aviation administration, (FAA), as required under part 77. Furthermore, each person shall file a copy of the form 7460-1 and the FAA part 77 determination with the airport corporation and with the political subdivision or joint zoning board. A political subdivision or joint zoning board shall consider the FAA part 77 determination before granting any permit.

2. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized by the political subdivision to administer and enforce the regulations, authorizing the replacement, change, or repair. No permit shall be granted that would allow the structure or tree in question to be made higher or become a greater obstruction and/or hazard to air navigation than it was when the applicable regulation was adopted. Whenever the administrative agency authorized by the political subdivision determines that a nonconforming structure has been abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed:
   1. No permit shall be granted that would allow the structure or tree to exceed the applicable height limit established by the airport’s airspace plan or otherwise deviate from the zoning regulations;
   2. Whether application is made for a permit under this section or not, the administrative agency authorized by the political subdivision may by appropriate action compel the owner of the nonconforming structure or tree, at his or her own expense, to lower, remove, reconstruct, or equip the object as may be necessary to conform to the regulations or, if the owner of the nonconforming structure or tree fails to comply with the order for ten (10) days after notice, the agency may proceed to have the object so lowered, removed, reconstructed, or equipped and assess the cost and expense upon the owner of object or the land where it is or was located.
3. Unless an assessment is paid within ninety (90) days from the service of notice on the agent or owner of the object or land, the sum shall bear interest at the rate of ten percent (10%) per annum until paid, and shall be collected in the same manner as are general taxes.
4. [Deleted by P.L. 1999, ch. 462, § 1.]

History of Section. P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-14 ; P.L. 1999, ch. 462, § 1.

1-3-15. Variances.

Any person desiring to erect any structures; increase the height of any structure; permit the growth of any tree; or otherwise use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of appeals, as provided in §§ 1-3-18 — 1-3-26 , for a variance from the zoning regulations in question. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations of this chapter.

History of Section. P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-15 .

1-3-16. Obstruction markers.

In granting any permit or variance under §§ 1-3-14 — 1-3-16 , the administrative agency or board of appeals may, if it deems the action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, condition the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.

History of Section. P.L. 1946, ch. 1743, § 7; G.L. 1956, § 1-3-16 ; P.L. 2016, ch. 512, art. 2, § 34.

1-3-17. Delegation of administration and enforcement duties.

The legislative body of any political subdivision adopting airport zoning regulations under this chapter may delegate the duty of administering and enforcing those regulations to any administrative agency under its jurisdiction or may create a new administrative agency to perform the duty, but the administrative agency shall not be, or include any member of, the board of appeals. The duties of the administrative agency shall include that of hearing and deciding all permits under § 1-3-14 but the agency shall not have or exercise any of the powers delegated to the board of appeals.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-17 .

1-3-18. Powers of board of appeals.

Airport zoning regulations adopted under this chapter shall provide for a board of appeals to have and exercise the following powers:

1. To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this chapter or of any ordinance adopted;
2. To hear and decide special exceptions to the terms of the ordinances which the board may be required to pass under the ordinance; and
3. To hear and decide specific variances under § 1-3-15 .

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-18 .

1-3-19. Composition of board of appeals.

Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals. Otherwise, the board of appeals shall consist of five (5) members, each to be appointed for a term of three (3) years and to be removable for cause by the appointing authority upon written charges and after a public hearing.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-19 .

1-3-20. Rules, meetings, and witnesses of board of appeals.

The board shall adopt rules in accordance with the provisions of any ordinance adopted under this chapter. Meetings of the board shall be held at the call of the chairperson and at any other times that the board may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-20 ; P.L. 1987, ch. 78, § 6.

1-3-21. Parties entitled to appeal — Filing.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the political subdivision affected by any decision of the administrative agency. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds. The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-21 .

1-3-22. Stay of proceedings by appeal.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In the latter case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the agency from which the appeal is taken and on due cause shown.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-22 .

1-3-23. Hearing of appeals.

The board shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-23 .

1-3-24. Decisions by board of appeals.

The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make any order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-24 .

1-3-25. Majority vote of board of appeals.

The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency; or to decide in favor of the applicant on any matter upon which it is required to pass under any ordinance; or to effect any variation in an ordinance.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-25 .

1-3-26. Records of board of appeals.

The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.

History of Section. P.L. 1946, ch. 1743, § 8; G.L. 1956, § 1-3-26 .

1-3-27. Judicial review.

Any person or persons jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board, or bureau of the political subdivision, or the airports division, may appeal to the superior court in the manner prescribed by § 45-24-63 and the provisions of that section shall in all respects be applicable to the appeal.

History of Section. P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-27 ; P.L. 1969, ch. 239, § 49; P.L. 2016, ch. 512, art. 2, § 34.

1-3-28 — 1-3-30. Repealed.

1-3-31. Costs against board of appeals.

Costs shall not be allowed against the board of appeals unless it appears to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.

History of Section. P.L. 1946, ch. 1743, § 9; G.L. 1956, § 1-3-31 .

1-3-32. Penalty for violations — Enforcement by injunction.

Each violation of this chapter, or of any regulations, order, or ruling promulgated or made pursuant to this chapter, shall constitute a misdemeanor and shall be punishable by a fine not exceeding five hundred dollars ($500), or imprisonment not exceeding ninety (90) days, or by both, and each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff any relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and ruling made pursuant to this chapter.

History of Section. P.L. 1946, ch. 1743, § 10; G.L. 1956, § 1-3-32 .

1-3-33. Severability.

If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1946, ch. 1743, § 12; G.L. 1956, § 1-3-33 .

1-4-1. Short title.

This chapter shall be known and cited as the “Uniform Aeronautical Regulatory Act”.

History of Section. P.L. 1940, ch. 851, § 1; G.L. 1956, § 1-4-1 .

1-4-2. Definitions.

When used in this chapter:

1. “Aeronautics” means transportation by aircraft, air instruction, the operation, repair, or maintenance of aircraft, and the design, operation, repair, or maintenance of airports, landing fields, or other air navigation facilities.
2. “Aircraft” means any contrivance now known or invented, used, or designed for navigation of, or flight in, the air, except a parachute or other contrivance designed for air navigation but used primarily as safety equipment.
3. “Air instruction” means the imparting of aeronautical information by any aviation instructor or in any air school or flying club.
4. “Airport” means any area of land, water, or both, which is used or is made available for the landing and take off of aircraft, and which provides facilities for the shelter, supply, and repair of aircraft and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established from time to time by the director.
5. “Air school” means any person engaged in giving, offering to give, or advertising, representing, or holding himself or herself out as giving, with or without compensation or other award, instruction in aeronautics — in flying, in ground subjects, or in both.
6. “Aviation instructor” means any individual engaged in giving, or offering to give, instruction in aeronautics — in flying, in ground subjects, or in both — either with or without compensation or other reward, without advertising his or her occupation, without calling his or her facilities “air school” or any equivalent term, and without employing or using other instructors.
7. “Certificated aircraft” means any aircraft for which an aircraft certificate other than a registration certificate has been issued by the government of the United States.
8. “Chief aeronautics inspector” or “aeronautics inspector” means an employee of the Rhode Island airport corporation, as defined in the Rhode Island airport corporation personnel job description manual, who is charged by the director to enforce the provisions of this chapter.
9. “Civil aircraft” means any aircraft other than a public aircraft.
10. “Dealer in aircraft” or “aircraft dealer” means any person who engages in a business, a substantial part of which consists of the manufacture, selling, or exchanging of aircraft and who is registered as a dealer with the federal government.
11. “Director” means the executive director of the Rhode Island airport corporation. “Deputy director” means the deputy director of the Rhode Island airport corporation.
12. “Flying club” means any person (other than an individual) who, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both.
13. “Landing field” means any area of land, water, or both, which is used or is made available for the landing and take off of aircraft, which may or may not provide facilities for the shelter, supply, and repair of aircraft, and which, as to size, design, surface, marking, equipment, and management meets the minimum requirements established from time to time by the director.
14. “Military aircraft” means public aircraft operated in the service of the United States army, air force, national guard, navy, marine corps or coast guard.
15. “Operate” means, with respect to aircraft, to use, cause to use or authorize to use an aircraft, for the purpose of engine start, movement on the ground (taxi), or air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).
16. “Operator” means a person who operates or is in actual physical control of an aircraft.
17. “Owner” means the legal title holder or any person, firm, copartnership, association, or corporation having the lawful possession or control of an aircraft under a written sale agreement.
18. “Person” means any individual, or any corporation or other association of individuals.
19. “Political subdivision” means any city or town or any other public corporation, authority, or district, or any combination of two (2) or more, which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports.
20. “Public aircraft” means an aircraft used exclusively in the governmental service.

History of Section. P.L. 1940, ch. 851, § 2; G.L. 1956, § 1-4-2 ; P.L. 1966, ch. 242, § 1; P.L. 1987, ch. 78, § 7; P.L. 2000, ch. 371, § 3.

1-4-3. Liability of owner for injuries caused by aircraft.

Whenever any aircraft is used, operated, or caused to be operated in this state and an action is begun to recover damages for injuries arising to the person or to the property or for the death of a person, arising out of an accident or collision in which that aircraft was involved, or arising out of an accident caused by the dropping or falling of any object from that aircraft, evidence that at the time of the accident or collision it was registered in the name of the defendant as owner is prima facie evidence that it was then being operated by and under the control of a person for whose conduct the defendant was wholly responsible, and absence of that responsibility is an affirmative defense to be set up in the answer and proved by the defendant.

History of Section. P.L. 1940, ch. 851, § 3; G.L. 1956, § 1-4-3 ; P.L. 2000, ch. 371, § 3.

1-4-3.1. Notification and reporting of aircraft accidents.

The operator of an aircraft involved in an accident or incident as defined in 49 CFR 830 shall immediately notify the chief aeronautics inspector. This notification shall be in addition to any duty to notify and provide a report to the National Transportation Safety Board under 49 CFR 830. Furthermore, the operator shall file with the chief aeronautics inspector a copy of any report filed with the National Transportation Safety Board, which shall be a public record.

History of Section. P.L. 2000, ch. 371, § 4.

1-4-4. Federal registration required.

No flight of civil aircraft, other than a foreign aircraft, is made or authorized to be made within this state unless the aircraft is possessed of valid aircraft registration and airworthiness or experimental certificates issued by the government of the United States, nor in violation of any term, specification, or limitation of those certificates. These restrictions do not apply to model aircraft operated in accordance with any regulations that the director may prescribe, or to a nonpassenger-carrying flight solely for inspection or test purposes authorized by the director or by the proper federal authority made without that certificate.

History of Section. P.L. 1940, ch. 851, § 4; G.L. 1956, § 1-4-4 .

1-4-5. Pilot’s license required.

No person shall operate any civil aircraft within this state unless that person is the holder of an effective pilot’s license, permit, or certificate issued by the government of the United States. This restriction shall not apply to any person operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of licensed aircraft, nor to persons operating model aircraft, nor to any person piloting an aircraft that is equipped with fully functioning dual controls when a certified instructor is in full charge of one set of those controls. No person shall operate any civil aircraft in this state in violation of any term, specification, or limitation of his or her pilot’s license, permit, or certificate.

History of Section. P.L. 1940, ch. 851, § 5; G.L. 1956, § 1-4-5 .

1-4-6. State registration of federal certificates.

1. All owners and operators, or owners or operators, of all aircraft, and dealers in aircraft, based or primarily used in the state of Rhode Island shall register the federal certificates of their aircraft and dealer registration as the director may by regulation prescribe. An aircraft shall be deemed to be based or primarily used in the state when in the normal course of its use, according to airport records, it leaves from and returns to or remains at one or more points within the state more often or longer than at any other single location outside of the state. Nonresidents may operate noncommercially within this state as an owner and operator, or owner or operator, or as a dealer, without that registration for not more than ninety (90) days in any calendar year. To operate commercially intrastate, nonresidents shall register.
2. Subject to the limitations of subsections (d) and (f), every person who operates an aircraft shall register the federal aircraft certificate of that aircraft with the chief aeronautics inspector during each period in which the aircraft is operated within this state in accordance with subsection (a). The annual fee for each registration, and for each registration renewal, is as follows: Aircraft weighing less than two thousand (2,000) pounds, thirty dollars ($30.00); two thousand and one (2,001) to three thousand (3,000) pounds, sixty dollars ($60.00); three thousand and one (3,001) to four thousand five hundred (4,500) pounds, one hundred ten dollars ($110); four thousand five hundred and one (4,501) to twelve thousand five hundred (12,500) pounds, one hundred sixty dollars ($160); over twelve thousand five hundred pounds (12,500), two hundred fifty dollars ($250). For the purpose of the annual fee, the weight considered will be the gross weight as published by the manufacturer. Every person who is a dealer in aircraft shall register his or her federal dealer’s aircraft registration certificate with the chief aeronautics inspector. The annual fee for registration of each federal dealer’s aircraft registration certificate is fifty dollars ($50.00) and for each aircraft in the possession operated solely for the purpose of sale or demonstration is twenty-five dollars ($25.00). Any person who engages in a business, a substantial portion of which consists of the manufacturing, selling, or exchanging of aircraft, and who does not have a federal dealer’s certificate shall register all aircraft owned by the person and operated within the state with the chief aeronautics inspector and pay the annual fee for that aircraft provided for in this subsection and is not eligible to pay the limited fee of twenty-five dollars ($25.00) for all aircraft operated solely for the purpose of sale or demonstration.
3. All fees are in lieu of all personal property taxes on aircraft authorized by any law or ordinance. Registration certificates issued after expiration of the first six (6) months of the annual registration period, as prescribed by the director, are issued at the rate of fifty percent (50%) of the annual fee.
4. All fees are paid to the tax administrator of this state and delivery of the person’s receipt to the chief aeronautics inspector is a prerequisite to registration under this section.
5. Possession of the appropriate effective federal certificate, permit, rating or license relating to ownership and airworthiness of the aircraft, and the payment of the appropriate fee as set forth in this section are the only requisites for registration of an aircraft, or a dealer in aircraft.
6. Aircraft registration fees shall be reimbursed to persons who surrender their certificates before the date of expiration in accordance with the following schedule:
   1. Before the first six (6) months of the period, fifty percent (50%) of the fee;
   2. Before the first nine (9) months of the period, twenty-five percent (25%).
7. The provisions of this section shall not apply to:
   1. An aircraft owned by, and used exclusively in the service of, any government, including the government of the United States or of any state of the United States, or political subdivision thereof, which is not engaged in carrying persons or property for commercial purposes;
   2. An aircraft registered under the laws of a foreign country;
   3. An aircraft owned by a nonresident and based in another state; or
   4. An aircraft engaged principally in federally certified scheduled airline operation.

History of Section. P.L. 1940, ch. 851, § 7; G.L. 1956, § 1-4-6 ; P.L. 1958, ch. 124, § 1; P.L. 1966, ch. 242, § 2; P.L. 2000, ch. 371, § 3; P.L. 2004, ch. 62, § 1; P.L. 2004, ch. 82, § 1.

1-4-7. Carrying and posting of license and certificate — Evidence of nonissuance.

A required pilot’s license, permit, or certificate shall be kept in the personal possession of the pilot while the pilot is operating an aircraft within this state. Required aircraft certificates shall be carried in the aircraft at all times and shall be conspicuously posted in clear view of passengers. A pilot’s license, permit, or certificate and aircraft certificates shall be presented for inspection upon the demand of any passenger, any peace officer of this state, any authorized official or employee of the director, or the board, or any official, manager, or person in charge of any airport or landing field in this state upon which the pilot lands, or upon the reasonable request of any other person. In any criminal prosecution under any of the provisions of this chapter, a defendant who relies upon a license, permit, or certificate of any kind shall have the burden of proving that he or she is the possessor of a proper license, permit, or certificate. The fact of nonissuance of a license, permit, or certificate may be evidenced by a certificate signed by the official having power of issuance, or his or her deputy, under seal of office, stating that he or she has made diligent search in the records of his or her office and that from the records it appears that no license, permit, or certificate was issued.

History of Section. P.L. 1940, ch. 851, § 6; G.L. 1956, § 1-4-7 .

1-4-8. Duties of director.

It shall be the duty of the director to foster aeronautics within this state in accordance with the provisions of this chapter and for that purpose the director shall:

1. Encourage the establishment of airports and other air navigation facilities;
2. Make recommendations to the governor and the general assembly as to necessary legislation or action;
3. Study the possibilities for the development of air commerce and the aeronautical industry and trade within the state and collect and disseminate information relative to the development; and
4. Advise with the Federal Aviation Administration and other agencies of the federal government and with state authorities in carrying forward any research and development work the tends to increase and improve aeronautics within this state.

History of Section. P.L. 1940, ch. 851, § 12; G.L. 1956, § 1-4-8 ; P.L. 2000, ch. 371, § 3.

1-4-9. Jurisdiction of director.

1. Except as otherwise specifically provided in this chapter, the director has supervision over aeronautics within the state, including:
   1. The establishment, location, maintenance, operation, and use of airports, landing fields, air markings, air beacons, and other air navigation facilities; and
   2. The establishment, operation, management, and equipment, of all air schools, flying clubs, and other persons giving air instruction.
2. All proposed airports, landing fields, and other air navigation facilities, shall be first approved by the director before they are used or operated. A political subdivision or person proposing to establish, alter, activate, or deactivate an airport or landing field shall make application to the chief aeronautics inspector, with a copy to the director, for a certificate of approval of the site selected and the general purpose or purposes for which the airport or landing field is to be established to insure that it shall conform to minimum standards or safety and shall serve public interest. A political subdivision or officer or employee, or any person shall not operate an airport, landing field, or other air navigation facility for which a certificate of approval has not been issued by the director.
3. The director shall establish by rules and regulations, in accordance with chapter 35 of title 42, guidelines for making application for a certificate of approval, criteria for determining whether to issue a certificate of approval, and fees for processing the applications and each renewal of certificates of approval.

History of Section. P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-9 ; P.L. 2000, ch. 371, § 3.

1-4-10. Rules and regulations.

The director shall adopt and promulgate, and may amend or repeal, rules and regulations establishing minimum standards with which all air navigation facilities, air schools, and flying clubs must comply, and shall adopt and enforce, and may amend or repeal rules, regulations, and orders, to safeguard from accident and to protect the safety of persons operating or using aircraft and persons and property on the ground, and to develop and promote aeronautics within this state. No rule or regulation of the director shall apply to airports, landing fields, air beacons or other air navigation facilities owned or operated within this state by the federal government. In order to avoid the danger of accident incident to confusion arising from conflicting rules, regulations, and orders governing aeronautics, the rules, regulations, and orders of the director shall be kept in conformity as nearly as may be with the federal legislation, rules, regulations, and orders on aeronautics, and shall not be inconsistent with paramount federal legislation, rules, regulations, and orders on the subject.

History of Section. P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-10 .

1-4-10.1. Air traffic rules.

1. Negligent, careless, or reckless operation.  No person may operate an aircraft in a negligent, careless, or reckless manner so as to endanger the life or property of another.
2. Aerobatic flight.  No person may operate an aircraft in aerobatic flight: (1) Over any congested or residential area of a city, town, or settlement; (2) Over an open-air assembly of persons; (3) Within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport, as defined in the Federal Aviation Regulations; (4) Within four (4) nautical miles of the center line of any federal airways; (5) Below an altitude of one thousand five hundred (1,500) feet above the surface; or (6) When flight visibility is less than three (3) statute miles. For the purposes of this section, “aerobatic flight” means an intentional maneuver involving an abrupt change in an aircraft’s attitude, an abnormal attitude, or abnormal acceleration not necessary for normal flight.
3. Minimum safe altitudes.  Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
   1. Anywhere.  An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface;
   2. Over a school, residential, or congested area.  Over any congested or residential area of a city, town, or settlement, or over any open-air assembly of persons, an altitude of one thousand feet (1,000) feet above the highest obstacle within a horizontal radius of two thousand (2,000) feet of the aircraft;
   3. Over other than congested areas.  An altitude of five hundred (500) feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than five hundred (500) feet to any person, vessel, vehicle, or structure;
   4. Helicopters.  Helicopters may be operated at less than the minimums prescribed in paragraphs (2) or (3) of this subsection if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the administrator of the Federal Aviation Administration.
4. Severability.  If any provision of this section or the application of a provision shall for any reason, be judged invalid, that judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provisions or application directly involved in the controversy giving rise to the judgment.

History of Section. P.L. 2000, ch. 371, § 4.

1-4-10.2. Prohibitions.

It shall be unlawful:

1. For any person to operate or authorize the operation of any civil aircraft which does not possess a valid identification mark assigned by the federal government.
2. For any resident to own or authorize the operation of any civil aircraft owned by him or her which does not have a currently effective Rhode Island state registration certificate, and for which the aircraft operating fee, if required, has not been paid.
3. For any nonresident to own or authorize the operation of any civil aircraft owned by him or her and located in Rhode Island for more than ninety (90) days cumulatively during a registration year, which does not have a currently effective Rhode Island state registration certificate, and for which the aircraft operating fee, if required, has not been paid.
4. For any person to own or to operate an aircraft which fails to display the currently effective registration decal or other identifier as required by regulations adopted under § 1-4-10 by the director.
5. For any person to operate or authorize the operation of any civil aircraft in air commerce within the state which does not have a currently effective airworthiness certificate and a state registration certificate and having paid the aircraft operating fee, if required.
6. For any person to operate or permit operation of aircraft on or from any airport for compensation or hire, unless the area is registered with the department.
7. For any person to operate or authorize the operation of aircraft in violation of any other rule or regulation, or in violation of the terms of any certificate, issued under the authority of this chapter.
8. For any person to operate or attempt to operate an aircraft on the ground, on the public waters, or in the air while under the influence of intoxicating liquor or of any controlled drug which affects a person’s ability to operate an aircraft in a safe manner or while having 4/100 percent or more by weight alcohol in his or her blood.
9. For any owner or operator of an aircraft having knowledge of an aircraft accident or aircraft incident to fail to report facts concerning the accident or incident to the department or a law enforcement officer within seven (7) days of the occurrence of the event, unless incapacitated by death or injury.
10. For any person to touch any part of aircraft wreckage at an aircraft accident scene, except for rescue of persons and/or classified materials, without specific approval of the federal or state official responsible for the accident scene.
11. For any person to operate any ground vehicle which is unrelated to aircraft operations or servicing, or airport operations and maintenance, within the boundaries of any public airport without the express consent of the airport manager. This subsection does not prohibit the operation of a ground vehicle upon a road laid out in the airport to provide access to or egress from the airport.
12. For any person to make or cause to be made an intentional false light, signal, or report of an aircraft accident, or missing aircraft, or, in an emergency situation, to use any device or equipment to initiate or to have others initiate an emergency response by any public or private agency.

History of Section. P.L. 2003, ch. 253, § 1; P.L. 2003, ch. 308, § 1.

1-4-10.3. Abandoned aircraft.

1. Authority to take.  The director, chief aeronautics inspector, aeronautical inspectors, or any police officer of the Rhode Island airport corporation, upon discovery of any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective state of Rhode Island or federal registration certificate, whether situated within any public or private airfield open for public use for a period in excess of one year, may take such aircraft or aircraft component into his or her custody and may cause the same to be taken away and stored in some suitable place out of public view.
2. Lien.  All charges necessarily incurred by such custodian in the performance of carrying out the provisions of this chapter shall be a lien upon such aircraft or aircraft component in accordance with § 34-47-1 . The custodian or manager of any hangar, airport facility or other place where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or aircraft component for his or her storage charges.
3. Owner may reclaim.  The owner of an aircraft or aircraft component so placed in storage may reclaim the same before any sale by paying the charges incurred.
4. Sale authorized.  If such aircraft or aircraft component shall have been so stored for a period of ninety (90) days, the Rhode Island airport corporation may sell the same, at public auction, for cash or may otherwise dispose of such aircraft or aircraft component. No sale under the provisions herein shall be valid unless the notice required by subsection (e) of this section has been given.
5. Notice of sale.  Notice of such sale shall be given by publishing a notice in a newspaper of state circulation at least fourteen (14) days before the sale. If the last place of abode of the owner of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or manager by the exercise of reasonable diligence, a notice of the time and place of such sale shall be given to said owner by registered mail, at least fourteen (14) days prior to said sale.
6. Application of proceeds.  The balance of the proceeds of sale, if any, after payment of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of such aircraft or aircraft component or his or her legal representative, if claimed at any time within one year from the date of such sale. If such balance shall not be claimed within said period, it shall be paid to the Rhode Island airport corporation.
7. Exemption from liability.  No employee of the Rhode Island airport corporation or any officer empowered to enforce the provisions of §§ 1-4-10.2 — 1-4-14 , inclusive, and any other applicable section of the uniform air regulatory act, shall be liable for any act performed under the provisions of this section.

History of Section. P.L. 2004, ch. 27, § 1; P.L. 2004, ch. 179, § 1.

1-4-11. Posting, notice, and filing of rules, regulations, and orders.

1. Every general rule, regulation, and order of the director shall be posted for public inspection in the main aeronautics office of the director at least five (5) days before it becomes effective, and shall be given any further publicity, by advertisement in a newspaper or otherwise, as the director deems advisable.
2. Every order applying only to a particular person or persons named in it shall be mailed to, or served upon, that person or persons.
3. Every rule, regulation, and order, general or otherwise, adopted by the director shall be kept on file with the secretary of state.

History of Section. P.L. 1940, ch. 851, § 11; G.L. 1956, § 1-4-11 .

1-4-12. Investigations and hearings — Subpoena powers.

The director has the power to conduct investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and accidents or injuries incident to the operation of aircraft occurring within this state. The director has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, or subpoenas duces tecum, compel the attendance and testimony of witnesses, and the production of papers, books, and documents. If any person fails to comply with any subpoena, subpoena duces tecum, or order issued under authority of this chapter, the director may invoke the aid of any superior court in this state. The court may order the person to comply with the requirements of the subpoena, subpoena duces tecum, or order of the director, or to give evidence upon the matter in question. Any failure to obey the order of the court is punishable by the court as a contempt of court.

History of Section. P.L. 1940, ch. 851, § 13; G.L. 1956, § 1-4-12 .

1-4-13. Reports of hearings and investigations as evidence — Testimony by director, deputy director, and aeronautics inspectors.

The reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in those investigations or hearings, or in any report, except in the case of criminal or other proceedings instituted by, or on behalf of, the director under the provisions of this chapter; nor shall the director, nor the deputy director, nor any aeronautics inspector, be required to testify to any facts ascertained in, or information gained by reason of, his or her official capacity. Neither the director, nor the deputy director, nor any aeronautics inspector for airports, shall be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft or any navigation facility.

History of Section. P.L. 1940, ch. 851, § 14; G.L. 1956, § 1-4-13 ; P.L. 2000, ch. 371, § 3.

1-4-14. Enforcement — Cooperation of public agencies.

1. It is the duty of the director, deputy director, aeronautics inspectors, and every state and municipal officer charged with the enforcement of state laws to enforce and assist in the enforcement of this chapter. The director is further authorized in the name of the state to enforce the provisions of this chapter by appropriate proceedings in the superior courts of this state. Other departments and political subdivisions of this state are authorized to cooperate with the director in the development of aeronautics within this state.
2. The director, deputy director, aeronautics inspectors, and selected employees of the Rhode Island airport corporation to whom such powers may be delegated in the discharge of the duties of their office, have, in any part of the state, the same authority to make arrests for violation of the statutes, laws, rules, and regulations relating to aviation and airport security matters, and to enforce those statutes, laws, rules, and regulations, as regular constituted law enforcement officers in the state.
3. The director shall issue to each selected employee credentials showing his or her authority to arrest, which credentials shall be carried upon the person of the designated employee while in the performance of his or her duties.

History of Section. P.L. 1940, ch. 851, § 15; G.L. 1956, § 1-4-14 ; P.L. 1972, ch. 274, § 1; P.L. 2000, ch. 371, § 3.

1-4-15. Reasons for orders — Closing of facilities — Inspection powers.

In any case where the director, pursuant to this chapter, issues any order requiring or prohibiting certain things to be done, the director shall set forth his or her reasons for the order and state the requirements to be met before approval is given or the rule, regulation, or order shall be modified or changed. In any case where the director deems the action necessary or proper, the director may order the closing of any airport or landing field, or the cessation of operations of any air school, flying club, air beacon, or other air navigation facility, until the requirements laid down by the director have been fulfilled. To carry out the provisions of this chapter, the director, deputy director, aeronautics inspectors and any officers, state or municipal, charged with the duty of enforcing this chapter, may inspect and examine, at reasonable hours, any premises, the aircraft and the buildings and other structures, where those airports, landing fields, air schools, flying clubs, air beacons, or other air navigation facilities are operated.

History of Section. P.L. 1940, ch. 851, § 16; G.L. 1956, § 1-4-15 ; P.L. 2000, ch. 371, § 3.

1-4-16. Right to judicial review of orders.

Any person against whom an order is entered may obtain a judicial review of that order under the provisions of chapter 35 of title 42.

History of Section. P.L. 1940, ch. 851, § 17; G.L. 1956, § 1-4-16 .

1-4-17. [Superseded.]

1-4-18. Waiver of review by failure to appeal.

If an appeal is not taken from the order of the director within the fixed period, the party against whom the order was entered shall be deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by a court and that issue shall not be tried in any court in which suit may be instituted for the penalty for failure to comply with the order.

History of Section. P.L. 1940, ch. 851, § 19; G.L. 1956, § 1-4-18 .

1-4-19. Penalty for violations.

Any person failing to comply with the requirements, or violating any of the provisions of this chapter, or the rules, regulations, or orders adopted by the director is guilty of a misdemeanor and punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment for not more than one year, or by both.

History of Section. P.L. 1940, ch. 851, § 20; G.L. 1956, § 1-4-19 .

1-4-20. Severability.

If any provision of this chapter, or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1940, ch. 851, § 21; G.L. 1956, § 1-4-20 .

1-5-1. Establishment and installation of aircraft operations monitoring system.

1. The Rhode Island airport corporation is authorized and directed to coordinate with the federal aviation administration to complete a memorandum of agreement between the Rhode Island airport corporation and the federal aviation administration (FAA) to provide for the continuing acquisition of air traffic control radar records related to the operation of civil aircraft at Rhode Island T.F. Green International Airport.
2. The Rhode Island airport corporation is authorized and directed to install an aircraft operations monitoring system (AOMS) that shall be capable of providing detailed and summary information related to the operation of aircraft at and in the vicinity of Rhode Island T.F. Green International Airport. The AOMS shall be capable of plotting and displaying over area mapping the ground-projected flight tracks and related altitudes of aircraft that use the airport. The system shall be capable of displaying flight tracks of individually identified aircraft based on time and location of operation. The system shall have the capability to produce data files in both digital and hard copy format.
3. The AOMS shall further be capable of producing summary reports that shall, at a minimum:
   1. Relate aircraft location data derived from air traffic control radar with individual activity events, based on time and location within the airport environs;
   2. Produce summary reports that disclose the use of runways by type of operation (landings or takeoffs), time of day, aircraft user group, and any other groupings that may from time to time become desirable at the option of the system user; and
   3. Disclose the activity levels by aircraft types, including, but not limited to, operations by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators, all presented by periods of time selected by the system operator.
4. The AOMS reports shall be capable of expansion to provide additional data relating to flight track or corridor utilization, air traffic fix usage, and other information that may become desirable as a result of noise abatement and land use compatibility planning.
5. The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode Island airport corporation is unable to complete a memorandum of agreement with the FAA as provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction by the corporation, then the director of the corporation may request the general assembly to extend the June 30, 1999 date as appropriate.

History of Section. P.L. 1998, ch. 307, § 1; P.L. 2021, ch. 32, § 3, effective June 1, 2021; P.L. 2021, ch. 36, § 3, effective June 1, 2021.

1-5-2. Copies of reports to government entities.

The Rhode Island airport corporation will prepare a report on a quarterly basis pertaining to the volume and quantity and flight track of air traffic at the Rhode Island T.F. Green International Airport in the city of Warwick, occurring during each quarter being reported on. These reports shall be submitted on a quarterly basis in each and every calendar year to: the office of the governor; the office of the president of the senate; the office of the senate minority leader; the office of the speaker of the house; the office of the house minority leader; and the Rhode Island department of environmental management and the mayors of the cities of Warwick and Cranston.

The report will include the total number of aircraft landings and departures, by aircraft type and time of day; an analysis of the amount of total usage of the runways during the reporting period; actual deviation from approved Part 150 departure and arrival flight paths by percent, runway, airline and time; and other information as may be desirable to ensure compliance with approved noise abatement and land use compatibility plans.

History of Section. P.L. 1998, ch. 307, § 1; P.L. 2001, ch. 180, § 1; P.L. 2004, ch. 487, § 1; P.L. 2021, ch. 32, § 3, effective June 1, 2021; P.L. 2021, ch. 36, § 3, effective June 1, 2021.

1-5-3. Biannual public hearings.

The Rhode Island airport corporation, on a biannual basis, beginning in January 2005, will present the reports provided for in § 1-5-2 to the general public at public hearings to be held within the cities of Warwick and Cranston. The Rhode Island airport corporation shall report findings based on performance standards and compliance with approved Federal Aviation Administration (FAA) Part 150 noise abatement measures.

History of Section. P.L. 2004, ch. 487, § 2.

1-6-1. Definitions.

As used in this chapter:

1. “Administrator” means the state tax administrator.
2. “District” means the Warwick airport parking district, being the district that runs from a point on Main Avenue in the city of Warwick at the southerly boundary of Rhode Island T.F. Green International Airport, and westerly along Main Avenue to a point one-third (1/3) mile west of the intersection of Main Avenue with Post Road; turning thence northerly running along a line parallel to and one-third (1/3) mile west of Post Road to a point one mile north of the line of Airport Road; thence turning east running along a line parallel to and one-third (1/3) mile north of the line of Airport Road to Warwick Avenue; thence turning south along Warwick Avenue to Airport Road; thence turning west along Airport Road to the boundary of Rhode Island T.F. Green International Airport; thence running southerly along the boundary of Rhode Island T.F. Green International Airport to the point of beginning. If any parking facility (including entrances, driveways, or private access roads) is constructed partly within the district as so defined, the entire facility shall be treated as though within the district.
3. “Operator” means any person providing transient parking within the district.
4. “Permit fee” means the fee payable annually by an operator to the tax administrator in an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the operator for transient parking during the period of a permit’s effectiveness, but not more than two hundred fifty dollars ($250) for each permit.
5. “Transient parking” means any parking for motor vehicles at a lot, garage, or other parking facility within the district for which a fee is collected by the operator, but excludes:
   1. Parking for which the fee is charged and paid on a monthly or less frequent basis;
   2. Parking for any employee of the operator of the facility;
   3. Parking provided by any hotel or motel for registered guests;
   4. Parking provided by validation or having a validated rate, where the person providing the validation does not maintain a place of business at Rhode Island T.F. Green International Airport.
6. “Transient parking receipts” means the gross receipts collected by an operator (excluding the surcharge imposed by this chapter) in consideration of the provision of transient parking.

History of Section. P.L. 2002, ch. 424, § 2; P.L. 2019, ch. 88, art. 3, § 1; P.L. 2021, ch. 32, § 4, effective June 1, 2021; P.L. 2021, ch. 36, § 4, effective June 1, 2021.

1-6-2. Surcharge on transient parking in district.

There is imposed on all transient parking in the district a surcharge in an amount equal to five percent (5%) of transient parking receipts. The surcharge shall be collected by the operator of each facility providing transient parking in the district and remitted by the operator to the tax administrator not later than the twentieth (20th) day of the month following the calendar month in which the transient parking was provided. The tax administrator may require the filing of any forms with any information that the tax administrator may reasonably determine is necessary to carry out the provisions of this statute. The surcharges collected by the tax administrator under this section shall be deposited upon receipt in a special account, denominated as the Warwick airport parking district account. At annual or more frequent intervals, amounts accumulated in the Warwick airport parking district account shall be remitted to the treasurer of the city of Warwick to be held as part of the general fund of the city of Warwick.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-3. Permits for parking operations in district.

1. Every person desiring to provide transient parking in the district shall file with the tax administrator an application for a permit for each place of business where transient parking will be provided. The application shall be in a form, include information, and bear any signatures that the tax administrator may require. There shall be no fee for this permit. Every permit issued under this chapter shall expire on June 30 of each year. Every permit holder desiring to renew a permit shall annually, on or before February 1 of each year, apply for renewal of its permit. The renewal permit shall be valid for the period of July 1 of that calendar year through June 30 of the subsequent calendar year, unless sooner canceled, suspended, or revoked. Upon receipt of the required application, the tax administrator shall issue to the applicant a permit. Provided, that if the applicant, at the time of making the application, owes any fee, surcharge, penalty, or interest imposed under the authority of this chapter, the applicant shall pay the amount owed.
2. Whenever any person fails to comply with any provision of this chapter, the tax administrator upon hearing, after giving the person at least five (5) days notice in writing, specifying the time and place of hearing and requiring the person to show cause why his or her permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person. The notice may be served personally or by mail. The tax administrator shall not issue a new permit after the revocation of a permit unless the administrator is satisfied that the former holder of the permit will comply with the provisions of the ordinance.
3. The superior court of this state has jurisdiction to restrain and enjoin any person from engaging in business as an operator of a transient parking facility in the district without a parking operator’s permit or permits or after a transient parking facility operator’s permit has been suspended or revoked. The tax administrator may institute proceedings to prevent and restrain violations of this chapter. In any proceeding instituted under this section, proof that a person continues to operate a transient parking facility from the location to which a revoked parking operator’s permit was assigned, is prima facie evidence that the person is engaging in business as a parking operator without a parking operator’s permit.
4. Permit fees collected under the authority of this section shall be deposited into the general fund of the state.

History of Section. P.L. 2002, ch. 424, § 2; P.L. 2019, ch. 88, art. 3, § 1.

1-6-4. Returns.

The administrator may require the filing of periodic reports, not more frequently than monthly, setting out any information that the tax administrator may require. The surcharge for the transient parking shown or which should be shown on the report shall be due with the report; provided, that if an operator will operate a transient parking facility for a period of less than one month, the administrator may require the filing of reports more frequently than monthly. The ordinance may authorize the tax administrator for good cause to extend the time for making any return or paying any amount required to be paid. Any person to whom an extension is granted shall pay, in addition to the surcharge, interest at the annual rate prescribed by § 44-5-9 , or fraction of it, from the date on which the surcharge would have been due without the extension until the date of payment.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-5. Payment of surcharges — Enforcement.

1. If the tax administrator is not satisfied with the return or returns or the amount of surcharges paid to the tax administrator by any person, the tax administrator may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information in his or her possession or that may come into his or her possession. The amount of the determination, exclusive of penalties, bears interest at the annual rate provided by § 44-5-9 from the fifteenth (15th) day after the close of the month for which the amount, or any portion of it, should have been paid until the date of payment.
2. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of the provisions of the ordinance, the ordinance may provide that a penalty of not more than ten percent (10%) of the amount of the determination is added to it. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade the provisions of the ordinance, the ordinance may provide that a penalty of not more than fifty percent (50%) of the amount of the determination is added to it.
3. The tax administrator shall give to the parking operator a written notice of his or her determination. Every notice of a deficiency determination shall be mailed within two (2) years after the fifteenth (15th) day of the calendar month following the month for which the amount is proposed to be determined or within two (2) years after the return is filed, whichever period expires the later, unless a longer period is agreed upon by the tax administrator and the parking operator.
4. Unless a hearing has been requested as provided in subsection (e) of this section, any determination made by the tax administrator becomes final and shall be paid within forty (40) days after mailing by the tax administrator of the notice of that determination. If that determination is not paid, the ordinance may provide a further penalty of not more than ten percent (10%) of the amount of the determination, exclusive of interest and other penalties, is added to it.
5. Any person aggrieved by any assessment, deficiency, or otherwise shall notify the tax administrator, in writing, within thirty (30) days from the date of mailing by the tax administrator of the notice of the assessment and request a hearing relative to the assessment; and the tax administrator shall, as soon as practicable, fix a time and place for a hearing and shall, after the hearing, determine the correct amount of the fee, surcharges, interest, and penalties.
6. Appeals from administrative orders or decisions made pursuant to any provisions of this chapter are to the third division district court pursuant to chapter 8 of title 8. The operator’s right to appeal under this chapter is expressly made conditional upon prepayment of all fees, surcharges, interest, and penalties, unless the operator moves for and is granted an exemption from the prepayment requirement pursuant to § 8-8-26 .
7. If, upon final determination of the petition, it appears that the tax administrator’s assessment was correct, the court shall confirm the assessment; or, if incorrect, the court shall determine the proper amount of the fees, surcharges, interest, and penalties, and if it appears that the petitioner, by reason of the payment of the fees, surcharges, interest, and penalties, is entitled to recover them or any part of them, the court may order a refund with interest at the annual rate provided by § 6-26-1 or order a credit, as the circumstances may warrant. If it appears that the administrator is entitled to a greater amount of fees, surcharges, interest, and penalties than assessed or determined by the tax administrator and paid by the petitioner, the court shall order the payment by the petitioner of an additional amount as the court determines, and the petitioner shall immediately pay that amount to the tax administrator.
8. The amount of any fees, surcharges, interest, and penalties imposed upon any operator under this chapter is a debt due from the operator to the administrator, is recoverable at law in the same manner as other debts.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-6. Transfer of parking facilities.

Prior to the sale or transfer by any operator other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial process of a parking facility, the parking operator, at least five (5) days before the sale or transfer, must notify the tax administrator of the proposed sale or transfer. Whenever an operator makes a sale or transfer of a parking facility, all fees and surcharges must be paid at the time when the tax administrator is notified, or, if the tax administrator is not notified, at the time when the tax administrator should have been notified.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-7. Books to be kept — Examinations.

1. Every operator shall keep books, records, receipts, invoices, and other pertinent papers in the form the tax administrator may require, that those books, records, receipts, invoices, and other papers shall at all reasonable times be open to the inspection of the tax administrator and his or her agents, and that the records shall be available for inspection and examination at any time upon demand by the tax administrator or his or her authorized agent or employee and preserved for a period of two (2) years (or any longer period as the parking facility operator and the tax administrator may agree), except that the tax administrator may consent to their destruction within that period.
2. The tax administrator and his or her agents for the purpose of ascertaining the correctness of any return, report, or other statement required to be filed under this chapter or by the tax administrator under this chapter, or for the purpose of determining the amount of any fee or surcharge imposed under the provisions of this chapter, may examine any books, papers, records, or memoranda bearing upon the matters required to be included in the return, report, or other statement, and may require the attendance of the person executing the return, report, or other statement, or of any officer or employee of any operator, or the attendance of any other person, and may examine the person under penalty of perjury respecting any matter which the tax administrator or his or her agent deems pertinent or material in determining the liability of any person to a fee or surcharge imposed under the provisions of this chapter.
3. The tax administrator may summon any operator, or officer, agent, or employee of an operator, or any other person, to appear before the tax administrator and produce records and documents at a time and place named in the summons and to give testimony and to answer interrogatories, under penalty of perjury, respecting any matter which the tax administrator deems pertinent or material to the administration of the ordinance authorized by this chapter. The summons may be sent by registered or certified mail to the operator, or officer, agent, or employee of the operator, or to any other authorized person, or may be left by any authorized agent of the tax administrator with the operator, or officer, agent, or employee of the operator, or other authorized person, or left at his or her last and usual place of abode. When the summons requires the production of records or documents, it is sufficient if those records and documents are described with reasonable certainty.
4. When any operator, or officer, agent, or employee of the operator, or other person, summoned under the provisions of this chapter neglects or refuses to obey the summons or to give testimony or to answer interrogatories as required, the tax administrator may apply to the third division of the district court for a citation against the person or it as for a contempt. Any judge of that court may hear the application and, if satisfactory proof is made, issue a citation for the arrest of the operator, or officer, agent, or employee of the operator, or other person, and upon the operator, or officer, agent, or employee of the operator, or other person, being brought before the judge, the judge shall proceed to a hearing of the case; and upon the hearing the judge has power to make any order the judge deems proper. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.
5. It is unlawful, except in proceedings before a court of competent jurisdiction or to collect the fees or surcharges or enforce the penalties provided by this chapter, for the tax administrator or any person having an administrative duty under those authorities to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any parking facility operator or any other person visited or examined in the discharge of official duty, or the amount or source of receipts, or any particular, stated or disclosed in any return, or to permit any return or copy of any book containing any abstract or particulars to be seen or examined by any person. Nothing in this subsection shall be construed to prevent the disclosure or publication of statistical or other information where the identity of individual operators is not made known. An operator may waive the confidentiality established by this subsection by notifying the hearing officer at any time, and may limit the waiver at his or her own discretion. An operator may bring other persons into the hearing without waiving the confidentiality described in this subsection.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-8. Regulations.

The tax administrator may prescribe rules and regulations, not inconsistent with law, to carry into effect the provisions of this section, which rules and regulations, when reasonably designed to carry out the intent and purpose of this section, are prima facie evidence of their proper interpretation. Those rules and regulations may from time to time be amended, suspended, or revoked, in whole or in part, by the tax administrator. The tax administrator may prescribe, and may furnish, any forms necessary or proper for the administration of this chapter.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-9. Nonresident operators.

Any operator who is not a resident of this state shall, as a condition precedent to engaging in the transient parking business and by engaging in that business, does consent that any process issued in the enforcement of the provisions of this chapter may be served upon the director of business regulation as agent of that person. The process may be served by leaving a copy of the process in the hands of the director of business regulation or in the director’s office with someone in charge of the office. The service is sufficient service upon the person; provided, that notice of the service and a copy of the process, at least fifteen (15) days before the return day of the process, is sent by registered or certified mail, postage prepaid, by the tax administrator or the tax administrator’s attorney of record, to the person’s last known address, and the sender’s registered or certified mail receipt of sending and the tax administrator’s or the administrator’s attorney’s affidavit of compliance are appended to the process and entered with the declaration. Service of process in the manner provided for in this section, under the circumstances specified in this section, is of the same force and validity as if served upon the operator personally within this state. Nothing in this section limits or affects the right to serve process upon a person not a resident of this state within this state in any other manner now or hereafter permitted by law.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-10. Surcharges are trust funds of state.

All surcharges collected by a parking facility operator in accordance with the provisions of this chapter, and all surcharges collected by any parking facility operator from persons paying transient parking surcharges under color of these provisions, constitute a trust fund until paid to the tax administrator. That trust is enforceable against:

1. The parking facility operator;
2. Any officer, agent, servant, or employee of any parking facility operator responsible for either the collection or payment, or both, of the surcharge;
3. Any person receiving any part of the fund without consideration, or knowing that the parking facility operator or any officer, agent, servant, or employee of any corporate parking facility operator is committing a breach of trust; and
4. Their estates, heirs, and representatives.

History of Section. P.L. 2002, ch. 424, § 2.

1-6-11. Application to certain exempt entities.

The surcharges authorized by § 1-6-2 shall apply notwithstanding § 42-64-20 ; provided, however, that the case of any transient parking facility operator as to which § 42-64-20 otherwise applies:

1. The transient parking facility operator shall not be required to pay any permit fee in connection with the application for, or issuance of, any transient parking facility permit;
2. The transient parking facility operator shall not be required to pay an amount greater than the surcharges actually collected by or on behalf of the transient parking facility operator. This provision shall apply notwithstanding the occurrence of any default by the transient parking facility operator;
3. If the transient parking facility operator is a quasi-public corporation, no court may order the corporation to collect the surcharges or the proper amount of them, but an injunction may issue, if otherwise justified, against any officer or employee of the operator;
4. Any assessment or order requiring the payment of surcharges shall be effective only against the trust funds established under § 1-6-10 and not against any other funds of the transient parking facility operator.

History of Section. P.L. 2002, ch. 424, § 2.

1-7-1. Long-term air-quality-monitoring program.

1. The Rhode Island airport corporation (RIAC) shall design, acquire, install, operate, and maintain a long-term air-quality-monitoring program in the vicinity of Rhode Island T.F. Green International Airport. The corporation may hire a consultant to perform these tasks.
2. The monitoring program shall provide for the monitoring of all of the following:
   1. Particulate matter, including only particles less than 0.1 microns, and black carbon.
   2. [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1.]
   3. [Deleted by P.L. 2017, ch. 220, § 1 and P.L. 2017, ch. 320, § 1.]
3. 1. The design of the monitoring program shall:
      1. Include an implementation schedule for the components of the monitoring program set forth in subsection (b); and
      2. Assure the quality and meaningfulness of the monitoring data; and
      3. Be set forth in a draft work plan developed, in consultation with the department of environmental management and the department of health.
   2. The consultation with the department of environmental management and the department of health shall include, but not be limited to:
      1. Ensuring that peer review is employed in the development of an air-quality-monitoring strategy;
      2. Providing the corporation with unbiased reviews of current, validated scientific knowledge relevant to air-quality monitoring and public health impacts;
      3. Assisting with the review of work plans and reports;
      4. Evaluating and comparing the corporation’s proposed methodologies, quality assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by either state or federal law in order to ensure consistency and comparability among the methodologies and criteria.
4. The draft work plan and the final work plan shall describe and justify with reasonable specificity all significant aspects of the monitoring program, including, but not limited to: quality assurance procedures and a description and justification of the number, type, and location of the ambient air-quality monitors to be installed as part of the long-term monitoring program. The ambient air-quality monitors shall be set up in a network that shall include at least four (4) monitoring sites and shall be designed to measure air-quality impacts from airport operations, including those associated with planes operating on the extended runway and on neighborhoods adjacent to the airport facility, as well as at the Winslow Park playing fields.
5. Notwithstanding the consultation requirement, the draft work plan shall be submitted to the department of environmental management and the department of health within thirty (30) days of the effective date of this section for review and comment, pursuant to chapter 35 of title 42. The departments shall provide comments within thirty (30) days of receipt of the draft work plan. Following the departments’ review and comment period, the draft work plan shall be made available for review and comment by members of the general public, and the air-quality-monitoring public advisory committee, established by this chapter, pursuant to chapter 35 of title 42. Adoption of the final work plan by the corporation shall be in accordance with chapter 35 of title 42. The final work plan shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate by the corporation no later than October 30, 2007.
6. The final work plan and all revised final work plans shall include a reasonable evaluation of funding sources, such as federal grants, that may be available to the corporation to cover some or all of the costs of the air-quality monitoring.
7. Amendments to the final work plan may be proposed by the corporation in consultation with the department of environmental management and the department of health on or before March 30, 2009, and every March 30, thereafter. Amendments to the final work plan may also be proposed by the department of environmental management, the department of health, and/or the air-quality-monitoring public advisory committee on or before January 31, 2009, and every January 31, thereafter. Any proposed amendments to the final work plan shall be available for review and comment by members of the general public, and the air-quality-monitoring public advisory committee established by this chapter, pursuant to chapter 35 of title 42. The purposes of proposed amendments to the final work plan are: (1) To allow the corporation, in consultation with the department of environmental management and the department of health, to consider any adaptations that may be indicated by the data collected from the previous year, including whether new monitoring technologies, methodologies, or criteria are necessary; and (2) To make necessary adjustments to the program based on changes to state or federal regulations, or both. Any proposed amendments to the final work plan shall be incorporated into a “revised [as of this date] final work plan” document, upon approval of the corporation, and shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate by the corporation no later than January 1 of each year.
8. Long-term air-quality monitors will be procured and in effect by December 30, 2007. Interim monitoring shall be performed until such time as the long-term monitoring program is in place, and the use of all data generated therefrom shall conform with the reporting requirements set forth in § 1-7-6(b) .

History of Section. P.L. 2004, ch. 486, § 1; P.L. 2007, ch. 190, § 1; P.L. 2007, ch. 198, § 1; P.L. 2017, ch. 220, § 1; P.L. 2017, ch. 320, § 1; P.L. 2021, ch. 32, § 5, effective June 1, 2021; P.L. 2021, ch. 36, § 5, effective June 1, 2021.

1-7-2. Legislative findings.

The general assembly hereby finds and declares as follows:

1. Rhode Island T.F. Green International Airport is located in a densely populated, primarily residential area of the city of Warwick.
2. Many of the airport operations and activities result in emissions of a number of air pollutants that may be harmful to public health.
3. Emissions of concern include, but are not limited to, those associated with “take-off” and “landing” activities of aircraft and emissions associated with the use of diesel engine ground support equipment.
4. A long-term air-quality monitoring program is necessary to collect the data needed to evaluate the impact of the airport emissions on air quality and public health.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2; P.L. 2021, ch. 32, § 5, effective June 1, 2021; P.L. 2021, ch. 36, § 5, effective June 1, 2021.

1-7-3. Definitions.

The following words and phrases, for the purposes of this chapter, have the following meanings:

1. “Corporation” means the Rhode Island airport corporation as established in § 1-2-1.1 .
2. “Monitoring program” means the long-term, air-quality monitoring program as established by this chapter.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2.

1-7-4. Air quality monitoring public advisory committee.

An “air quality monitoring public advisory committee” shall be established to advise the corporation on the development and implementation of the long-term, air-quality monitoring program, and the preparation of annual work plans. The public advisory committee shall be made up of at least nine (9) public members appointed by the governor with the advice and consent of the senate. In making those appointments, the governor shall give due consideration to include representatives from environmental advocacy organizations, health advocacy organizations, economic advocacy organizations, neighborhood organizations, academic institutions, and the city of Warwick. Members of the public advisory committee shall serve for terms of two (2) years. The governor shall convene the public advisory committee with sufficient time to enable it to perform its responsibilities under this chapter. The members of the public advisory committee shall receive no compensation for their services to the committee. The public advisory committee shall elect annually from among their members a chair, a vice chair, and any other officers it deems appropriate.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2.

1-7-5. Health study.

1. The corporation shall provide the department of health with funding in an amount not to exceed two hundred thousand dollars ($200,000), half to be paid in fiscal year 2008 and the other half to be paid in fiscal year 2009, which funds the department of health will use for an independent health study (the “study” or the “health study”) developed in consultation with the department of environmental management and the air-quality monitoring public advisory committee. The purpose of the study will be to determine whether and to what extent, air pollution generated by airport activities affects the health of area residents based, to the extent feasible, on established health benchmarks.
2. The study shall use the data collected from the first year of long-term, air-quality monitoring at the airport described in the previous sections to evaluate potential public health implications of emissions based, to the extent feasible, on established health benchmarks, and shall be completed and submitted to the governor, the speaker of the house of representatives, and the president of the senate no later than May 30, 2009.
3. The corporation, the department of health, and the city of Warwick shall publish technical reports and scientific publications that resulted from this health study on their respective websites no later than July 31, 2019, and shall maintain them on their respective websites for at least five (5) years thereafter.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2; P.L. 2019, ch. 187, § 1; P.L. 2019, ch. 249, § 1.

1-7-6. Reporting.

1. The corporation shall provide the department of environmental management with an inventory of greenhouse gas pollutants, including, but not limited to, carbon dioxide and methane, and an annual inventory of sulfur dioxide, nitrogen oxides, and carbon monoxide. The inventories of data generated in the prior calendar year shall be reported to the department of environmental management on or before March 30, 2009, and every March 30 thereafter.
2. Data generated from the permanent air-quality monitors shall be reported to the department of environmental management, the department of health, and to the city of Warwick on at least a quarterly basis and shall be used by the departments to continuously augment and update air-quality-monitoring studies conducted by the departments. The corporation shall publish the data on its website within thirty (30) calendar days of the end of the quarter.
3. The department of health shall prepare an annual report that shall contain the department’s findings, analysis, conclusions, and recommendations resulting from the data generated by and from the permanent air-quality monitors (the “monitors”), as well as a summary of the data collected from the monitors. The first such report shall be due on or before July 31, 2017, and on or before July 31 in 2018, 2019, and for any further year thereafter during which data is collected and reported pursuant to the provisions of subsection (b). Copies of these reports shall be provided by the required dates to the speaker of the house, the president of the senate, the office of the governor, the office of the attorney general, the airport corporation, and the offices of the mayor and the city council of the city of Warwick. The department of health, the airport corporation, and the city of Warwick shall publish these reports on their respective websites within thirty (30) calendar days of receipt of the reports.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2; P.L. 2017, ch. 220, § 1; P.L. 2017, ch. 320, § 1; P.L. 2019, ch. 187, § 1; P.L. 2019, ch. 249, § 1.

1-7-7. Regulation and enforcement — Powers of the department of health and the department of environmental management.

1. Nothing contained in this chapter shall diminish or abrogate the powers granted to the department of environmental management and the department of health pursuant to chapters 23 and 1 of title 23 as amended, respectively.
2. Any facilities under the jurisdiction of the corporation shall be subject, as otherwise provided in law, to the regulatory and enforcement requirements of the department of environmental management.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2.

1-7-8. Violations — Sanctions — Injunctive relief.

1. 1. Willful noncompliance of this chapter that impairs the monitoring program herein established shall be considered a violation of a program requirement as described in § 23-23-14 .
   2. The attorney general of the state shall have the power to bring an action in the name of the state, in any court of competent jurisdiction, for restraining orders and injunctive relief to restrain and enjoin willful noncompliance of this chapter or for specific performance of the obligations of the corporation under this chapter.
   3. Such willful noncompliance shall be punishable by a penalty as provided for in § 23-23-14 (a).
2. Proceedings under this chapter shall be instituted and prosecuted by the attorney general. The superior court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rules or regulations of the corporation under the provisions of this chapter.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2.

1-7-9. Monitoring actions required and compliance — Sunset provision.

1. On or before January 31, 2017, and on or before January 31, 2018, and January 31, 2019, thereafter, the department of environmental management, the department of health, and the attorney general shall submit to the governor, the speaker of the house, and the president of the senate, recommendations as to the continuation of the air monitoring required in this act.
2. Unless extended by the general assembly, the corporation’s obligation to operate and maintain the air monitoring system will cease on July 31, 2023; provided, this sunset date shall be dependent upon the corporation undertaking and completing the following actions prior to July 31, 2023:
   1. As part of the long-term air-quality monitoring program, ambient air-quality monitors shall be set up in a network that shall include at least four (4) monitoring sites in the area of and surrounding Rhode Island T.F. Green International Airport. These monitors shall be designed, placed, and maintained so as to measure air-quality impacts from airport operations, including those impacts associated with planes operating on the extended runway and on neighborhoods adjacent to the airport facility, and at the Winslow Park playing fields. In addition to the quarterly summary reports prepared by the corporation based on this data, the corporation shall compile at least twenty (20) months of complete air quality monitoring data from these monitors and submit that data to the department of health prior to May 1, 2023, pursuant to § 1-7-6 ; and
   2. The corporation shall comply with all other reporting and publishing requirements set forth in this chapter.

History of Section. P.L. 2007, ch. 190, § 2; P.L. 2007, ch. 198, § 2; P.L. 2015, ch. 245, § 1; P.L. 2015, ch. 265, § 1; P.L. 2017, ch. 220, § 1; P.L. 2017, ch. 320, § 1; P.L. 2019, ch. 187, § 1; P.L. 2019, ch. 249, § 1; P.L. 2021, ch. 225, § 1, effective July 8, 2021; P.L. 2021, ch. 326, § 1, effective July 9, 2021.

1-8-1. Exclusive aerial regulations.

Subject to federal law, the state of Rhode Island and the Rhode Island airport corporation shall have exclusive legal authority to regulate any object capable of flying that is remotely controlled and flies autonomously through software-controlled flight plans embedded in the object’s system by a global-position system, commonly known as unpiloted aerial vehicles, remotely piloted aircraft, drones, or unmanned aircraft systems.

History of Section. P.L. 2016, ch. 256, § 1; P.L. 2016, ch. 261, § 1.