August 30, 2013
Practice Group(s):
Public Policy and
Law
New Commission to Preside Over
Charlotte Douglas International Airport
By Collin W. Brown, Amy H. Fullbright and Walter D. Fisher
In the waning hours of the 2013 legislative session, the North Carolina General Assembly passed SB
380, a new bill which creates a 13-member commission to operate Charlotte Douglas International
Airport, as well as a separate new five-member Oversight Committee.
The new Airport Commission (the “Commission”) will include three members appointed by Charlotte
mayor Patsy Kinsey, four members appointed by the Charlotte City Council, and one each by the
commissioners of Mecklenburg, Gaston, Cabarrus, Iredell, Lincoln and Union Counties. The
Commission is charged with overseeing the airport’s daily operations, finances, budget, purchasing
and disposing of property, and hiring and firing the aviation director along with other employees.
The bill also creates a Charlotte Douglas International Airport Oversight Committee (the “Oversight
Committee”) with five members, one each appointed by the Governor, the Senate President Pro
Tempore, the Speaker of the House, the Mayor of Charlotte and the Charlotte City Council. The
Oversight Committee is charged with monitoring the Commission’s activities to ensure that the airport
continues to be “a best performing and lowest cost major hub airport.” The airport’s finances are kept
separate from those of the State and local governmental bodies, and airport contracts and payments are
strictly for services and uses needed by the airport, The legislation contemplates that the Oversight
Committee will provide regular reports and recommendations to the Mayor of Charlotte and the
Charlotte City Council.
Last, the approval of bond issuance and eminent domain authority for airport needs will continue to be
vested solely in the City of Charlotte under SB 380. The Act does not affect property titles. As a
result, under the new legislation, ownership of the airport property remains with the City of Charlotte.
Over the course of the session, the Mecklenburg County delegation attempted to come to a mutual
agreement with the City of Charlotte on the best way to manage the airport. Various bills were
presented. One of those bills passed earlier in the session created an 11-member airport authority,
allowing the city to appoint only four of its members. However, due to a restraining order issued by a
judge in Charlotte, the implementation of this previously- passed legislation was blocked. As a result,
as the legislative session drew to a close, the General Assembly passed SB 380.SB 380 passed third
reading in both the House and the Senate on July 26, 2013. It did not require action by the Governor
and thus was chaptered as a session law the same day.
On August 1, 2013, Mecklenburg County Superior Court Judge Robert Ervin ruled that the proposed
transfer of control from the City of Charlotte to the Commission must be approved by the Federal
Aviation Administration (FAA). The FAA must now determine if the airport’s current operating
certificate would still be valid under the Commission or if the issuance of a new certificate will be
required. It is unclear how long a decision from the FAA will take, some say weeks, others say up to a
year and half.
New Commission to Preside Over Charlotte Douglas
International Airport
Authors:
Collin W. Brown
collin.brown@klgates.com
+1.704.331.7531
Amy H. Fullbright
marissa.farrell@klgates.com
+1.919.831.7003
Walter D. Fisher
walter.fisher@klgates.com
+1.704.331.7544
Marissa C. Farrel contributed to this article
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