SF 1829

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan airports; limiting 
  1.3             metropolitan council zoning approval authority; 
  1.4             prohibiting construction by metropolitan airports 
  1.5             commission of new major airport; prohibiting stage 2 
  1.6             aircraft; requiring expedited implementation of 
  1.7             long-term airport plan; limiting scope of final 
  1.8             environmental impact statement; requiring diversion of 
  1.9             air traffic to reliever airports; prohibiting 
  1.10            construction of west passenger terminal; requiring 
  1.11            certain approval to construct a third parallel runway; 
  1.12            requiring environmental reports on long-term airport 
  1.13            plan; requiring metropolitan airports commission to 
  1.14            budget money for mitigation of noise impacts of 
  1.15            north-south runway; requiring minimum expenditure of 
  1.16            $135 million for noise mitigation; requiring annual 
  1.17            report of airport operations and capacity; requiring 
  1.18            an aviation services and facilities analysis; amending 
  1.19            Minnesota Statutes 1994, sections 473.155, by adding a 
  1.20            subdivision; 473.608, subdivisions 2, 6, 16, and by 
  1.21            adding subdivisions; 473.614, by adding a subdivision; 
  1.22            473.661, subdivision 4; and 473.621, by adding a 
  1.23            subdivision; Laws 1989, chapter 279, section 7, 
  1.24            subdivision 6; repealing Minnesota Statutes 1994, 
  1.25            sections 473.1551, subdivision 2; 473.636; and 473.637.
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 1994, section 473.155, is 
  1.28  amended by adding a subdivision to read: 
  1.29     Subd. 5.  [ZONING OF REAL PROPERTY.] The council shall not 
  1.30  require a local government unit to continue a current use or to 
  1.31  adopt a comprehensive plan designation or any change in zoning, 
  1.32  zoning variance, or conditional use in order to ensure or 
  1.33  preserve the availability of land for a new major airport. 
  1.34     Sec. 2.  Minnesota Statutes 1994, section 473.608, 
  1.35  subdivision 2, is amended to read: 
  2.1      Subd. 2.  It may acquire by lease, purchase, gift, devise, 
  2.2   or condemnation proceedings all necessary right, title, and 
  2.3   interest in and to lands and personal property required for 
  2.4   airports and all other real or personal property required for 
  2.5   the purposes contemplated by sections 473.601 to 473.679, within 
  2.6   the metropolitan area, pay therefor out of funds obtained as 
  2.7   hereinafter provided, and hold and dispose of the same, subject 
  2.8   to the limitations and conditions herein prescribed except that 
  2.9   the corporation may not acquire by any means lands or personal 
  2.10  property for a major new airport.  Title to any such property 
  2.11  acquired by condemnation or purchase shall be in fee simple, 
  2.12  absolute, unqualified in any way, but any such real or personal 
  2.13  property or interest therein otherwise acquired may be so 
  2.14  acquired or accepted subject to any condition which may be 
  2.15  imposed thereon by the grantor or donor and agreed to by the 
  2.16  corporation, not inconsistent with the proper use of the 
  2.17  property by the corporation for the purposes herein provided.  
  2.18  Any properties, real or personal, acquired, owned, leased, 
  2.19  controlled, used, and occupied by the corporation for any of the 
  2.20  purposes of sections 473.601 to 473.679, are declared to be 
  2.21  acquired, owned, leased, controlled, used, and occupied for 
  2.22  public, governmental, and municipal purposes, and shall be 
  2.23  exempt from taxation by the state or any of its political 
  2.24  subdivisions.  Nothing contained in sections 473.601 to 473.679, 
  2.25  shall be construed as exempting properties, real or personal, 
  2.26  leased from the metropolitan airports commission to a tenant or 
  2.27  lessee who is a private person, association, or corporation from 
  2.28  assessments or taxes. 
  2.29     Sec. 3.  Minnesota Statutes 1994, section 473.608, 
  2.30  subdivision 6, is amended to read: 
  2.31     Subd. 6.  It may construct and equip new airports, with all 
  2.32  powers of acquisition set out in subdivision 2, pay therefor out 
  2.33  of the funds obtained as hereinafter provided, and hold, 
  2.34  maintain, operate, regulate, police, and dispose of them or any 
  2.35  of them as hereinafter provided.  It may not construct or equip 
  2.36  a major new airport to replace the existing Minneapolis-St. Paul 
  3.1   International airport nor may it exercise any power for the 
  3.2   purpose of future construction of a major new airport, including 
  3.3   acquisition of any interest in land; borrowing, receipt, or 
  3.4   payment of money; or entering into contracts. 
  3.5      Sec. 4.  Minnesota Statutes 1994, section 473.608, 
  3.6   subdivision 16, is amended to read: 
  3.7      Subd. 16.  It may generally carry on the business of 
  3.8   acquiring, establishing, developing, extending, maintaining, 
  3.9   operating, and managing airports, with all powers incident 
  3.10  thereto except it is expressly prohibited from exercising these 
  3.11  powers for the purpose of future construction of a major new 
  3.12  airport. 
  3.13     Sec. 5.  Minnesota Statutes 1994, section 473.608, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 23.  [PROHIBITION OF USE OF CERTAIN AIRCRAFT.] After 
  3.16  complying with the publication and public comment requirements 
  3.17  of United States Code, title 49, section 47524(b) and other 
  3.18  applicable federal requirements, the corporation shall prohibit 
  3.19  operation at Minneapolis-St. Paul International airport of 
  3.20  aircraft not complying with stage 3 noise levels after December 
  3.21  31, 1999. 
  3.22     Sec. 6.  Minnesota Statutes 1994, section 473.608, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 24.  [IMPLEMENTATION OF LONG-TERM PLAN.] The 
  3.25  corporation and other affected units of state and local 
  3.26  government shall implement the Minneapolis-St. Paul 
  3.27  International airport year 2010 long-term comprehensive plan. 
  3.28     Sec. 7.  Minnesota Statutes 1994, section 473.608, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 25.  [FINAL ENVIRONMENTAL IMPACT STATEMENT.] The 
  3.31  corporation shall not be required to provide environmental or 
  3.32  technical analysis of the new airport alternative in the dual 
  3.33  track planning process final environmental impact statement. 
  3.34     Sec. 8.  Minnesota Statutes 1994, section 473.608, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 26.  [USE OF RELIEVER AIRPORTS.] The corporation 
  4.1   shall develop and implement a plan to divert the maximum 
  4.2   feasible number of general aviation operations from 
  4.3   Minneapolis-St. Paul International airport to those airports 
  4.4   designated by the federal aviation administration as reliever 
  4.5   airports for Minneapolis-St. Paul International airport. 
  4.6      Sec. 9.  Minnesota Statutes 1994, section 473.608, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 27.  [PROHIBITION CONCERNING REPLACEMENT PASSENGER 
  4.9   TERMINAL.] The corporation is prohibited from constructing a 
  4.10  replacement passenger terminal on the west side of 
  4.11  Minneapolis-St. Paul International airport without legislative 
  4.12  approval. 
  4.13     Sec. 10.  Minnesota Statutes 1994, section 473.608, is 
  4.14  amended by adding a subdivision to read: 
  4.15     Subd. 28.  [CONSTRUCTION OF THIRD PARALLEL RUNWAY.] The 
  4.16  corporation must enter into a contract with affected cities, 
  4.17  providing that, for valuable consideration received, the 
  4.18  corporation shall not construct a third parallel runway at 
  4.19  Minneapolis-St. Paul International airport without the approval 
  4.20  of all affected cities.  An "affected city" is any city that 
  4.21  would experience an increase in the area located within the 60, 
  4.22  65, 70, or 75 Ldn noise contour as a result of operations using 
  4.23  the third parallel runway. 
  4.24     Sec. 11.  Minnesota Statutes 1994, section 473.614, is 
  4.25  amended by adding a subdivision to read: 
  4.26     Subd. 2a.  [ENVIRONMENTAL IMPACT REPORT.] Notwithstanding 
  4.27  the provisions of subdivision 2, the commission shall prepare a 
  4.28  report documenting the environmental effects of projects 
  4.29  included in the MSP 2010 long-term comprehensive plan.  
  4.30  Environmental effects of and costs associated with, noise 
  4.31  impacts, noise mitigation measures, and land use compatibility 
  4.32  measures must be evaluated according to alternative assumptions 
  4.33  of 600,000, 650,000, 700,000, and 750,000 aircraft operations at 
  4.34  Minneapolis-St. Paul International airport. 
  4.35     Sec. 12.  Minnesota Statutes 1994, section 473.661, 
  4.36  subdivision 4, is amended to read: 
  5.1      Subd. 4.  [NOISE MITIGATION.] (a) According to the schedule 
  5.2   in paragraph (b), commission funds must be dedicated (1) to 
  5.3   supplement the implementation of corrective land use management 
  5.4   measures approved by the Federal Aviation Administration as part 
  5.5   of the commission's Federal Aviation Regulations, part 150 noise 
  5.6   compatibility program, and (2) for soundproofing and 
  5.7   accompanying air conditioning of residences, schools, and other 
  5.8   public buildings when there is a demonstrated need because of 
  5.9   aircraft noise, regardless of the location of the building to be 
  5.10  soundproofed, or any combination of the three. 
  5.11     (b) The noise mitigation program described in paragraph (a) 
  5.12  shall be funded by the commission from whatever source of funds 
  5.13  according to the following schedule: 
  5.14     In 1993, an amount equal to 20 percent of the passenger 
  5.15  facilities charges revenue amount budgeted by the commission for 
  5.16  1993; 
  5.17     In 1994, an amount equal to 20 percent of the passenger 
  5.18  facilities charges revenue amount budgeted by the commission for 
  5.19  1994; 
  5.20     In 1995, an amount equal to 35 percent of the passenger 
  5.21  facilities charges revenue amount budgeted by the commission for 
  5.22  1995; and 
  5.23     In 1996, an amount equal to 40 percent of the passenger 
  5.24  facilities charges revenue amount budgeted by the commission for 
  5.25  1996. 
  5.26     (c) From 1996 to 2002, the commission shall spend no less 
  5.27  than $185,000,000 from any source of funds for insulation and 
  5.28  accompanying air conditioning of residences, schools, and other 
  5.29  public buildings where there is a demonstrated need because of 
  5.30  aircraft noise; and property acquisition within the noise 
  5.31  impacted area. 
  5.32     (d) Before the commission constructs a new runway at 
  5.33  Minneapolis-St. Paul International airport, the commission shall 
  5.34  determine the probable levels of noise that will result in 
  5.35  various parts of the metropolitan area from the operation of 
  5.36  aircraft on the new runway and shall develop a program to 
  6.1   mitigate noise in those parts of the metropolitan area that are 
  6.2   located outside the 1996 65 Ldn contour but will be located 
  6.3   within the 65 Ldn contour as established after the new runway is 
  6.4   in operation.  Based upon this determination, the commission 
  6.5   shall reserve in its annual budget, until noise mitigation 
  6.6   measures are completed, an amount of money necessary to 
  6.7   implement this noise mitigation program in the newly impacted 
  6.8   areas. 
  6.9      (e) The commission's capital improvement projects, program, 
  6.10  and plan must reflect the requirements of this section.  As part 
  6.11  of the commission's report to the legislature under section 
  6.12  473.621, subdivision 1a, the commission must provide a 
  6.13  description and the status of each noise mitigation project 
  6.14  implemented under this section. 
  6.15     (d) (f) Within 60 180 days of submitting the commission's 
  6.16  and the metropolitan council's report and recommendations on 
  6.17  major airport planning to the legislature as required by section 
  6.18  473.618, the commission, with the assistance of its sound 
  6.19  abatement advisory committee, shall make a recommendation to the 
  6.20  legislature state advisory council on metropolitan airport 
  6.21  planning regarding proposed mitigation activities and 
  6.22  appropriate funding levels for noise mitigation activities at 
  6.23  Minneapolis-St. Paul International Airport and in the 
  6.24  neighboring communities.  The state advisory council on 
  6.25  metropolitan airport planning shall review the recommendation 
  6.26  and comment to the legislature within 60 days after the 
  6.27  recommendation is submitted to the council. 
  6.28     Sec. 13.  Minnesota Statutes 1994, section 473.621, is 
  6.29  amended by adding a subdivision to read: 
  6.30     Subd. 1b.  [ANNUAL REPORT TO LEGISLATURE.] The corporation 
  6.31  shall report to the legislature by February 15 of each year 
  6.32  concerning operations at Minneapolis-St. Paul International 
  6.33  airport.  The report must include the number of aircraft 
  6.34  operations and passenger enplanements at the airport in the 
  6.35  preceding year, current airport capacity in terms of operations 
  6.36  and passenger enplanements, average length of delay statistics, 
  7.1   and technological developments affecting aviation and their 
  7.2   effect on operations and capacity at the airport.  The report 
  7.3   must compare the number of passenger enplanements and the number 
  7.4   of aircraft operations with the 1993 metropolitan airport 
  7.5   commission baseline forecasts of total passengers and total 
  7.6   aircraft operations. 
  7.7      Sec. 14.  Laws 1989, chapter 279, section 7, subdivision 6, 
  7.8   is amended to read: 
  7.9      Subd. 6.  [TERMINATION.] The advisory council ceases to 
  7.10  exist when the actions required by section 3, subdivision 3, and 
  7.11  section 4 Laws 1996, chapter ..., sections 12 and 15, are 
  7.12  completed. 
  7.13     Sec. 15.  [ANALYSIS OF AVIATION SERVICES AND COMMERCIAL 
  7.14  DEVELOPMENT.] 
  7.15     The metropolitan airports commission shall contract with 
  7.16  the University of Minnesota to prepare an aviation service and 
  7.17  facilities analysis.  The commission shall utilize funds from 
  7.18  any available source to pay the University of Minnesota an 
  7.19  agreed amount not to exceed $50,000 for the performance of the 
  7.20  analysis.  The analysis shall include: 
  7.21     (1) a description of various types and levels of aviation 
  7.22  service and an examination of the relationship between aviation 
  7.23  service levels and the level of commercial and industrial 
  7.24  activity in the state; and 
  7.25     (2) an examination of the relationship between available 
  7.26  levels of aviation service and the relocation of commercial and 
  7.27  industrial enterprises to the state. 
  7.28     The commission shall report the results of the analysis to 
  7.29  the state advisory council on metropolitan airport planning no 
  7.30  later than February 10, 1997.  The council shall review the 
  7.31  report and analysis and comment to the legislature within 60 
  7.32  days after the results of the analysis are reported to the 
  7.33  council. 
  7.34     Sec. 16.  [REPEALER.] 
  7.35     Minnesota Statutes 1994, sections 473.1551, subdivision 2; 
  7.36  473.636, and 473.637 are repealed. 
  8.1      Sec. 17.  [EFFECTIVE DATE.] 
  8.2      This act is effective the day following final enactment and 
  8.3   applies to the counties of Anoka, Carver, Dakota, Hennepin, 
  8.4   Ramsey, Scott, and Washington.