SF 2709

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to airports; requiring a chapter on aviation 
  1.3             planning in the state transportation plan; creating an 
  1.4             advisory council on aviation planning; amending 
  1.5             Minnesota Statutes 2002, section 174.03, by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 174. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 174.03, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 2a.  [STATE AVIATION PLAN.] (a) Each revision of the 
  1.12  state transportation plan must include a chapter setting out a 
  1.13  state aviation plan.  The plan must include the following: 
  1.14     (1) an analysis of the projected commercial aviation needs 
  1.15  of the state over the next 20 years; 
  1.16     (2) a description of the present capacity, function, and 
  1.17  levels of activity at each commercial service airport as 
  1.18  designated by the Federal Aviation Administration, each airport 
  1.19  that the commissioner determines is likely to become a 
  1.20  commercial service airport in the next 20 years, and any other 
  1.21  airport that the commissioner determines should be included by 
  1.22  reason of commercial passenger or cargo service levels; and 
  1.23     (3) a description of the capacity, function, and levels of 
  1.24  activity that each airport identified in clause (2) must have in 
  1.25  order to carry out the plan's goal and objectives and meet the 
  1.26  needs described under clause (1). 
  2.1      (b) In assessing aviation needs and the capacity, function, 
  2.2   and level of activity at any airport, the plan must consider 
  2.3   both commercial passenger service and cargo service. 
  2.4      Sec. 2.  [174.032] [ADVISORY COUNCIL ON AVIATION PLANNING.] 
  2.5      Subdivision 1.  [ADVISORY COUNCIL CREATED.] (a) The 
  2.6   commissioner shall create an advisory council on aviation 
  2.7   planning to advise the commissioner on the aviation chapter of 
  2.8   the state transportation plan.  The council consists of the 
  2.9   following members appointed by the commissioner except where 
  2.10  otherwise provided: 
  2.11     (1) one member of the Metropolitan Airports Commission; 
  2.12     (2) one representative of major commercial airlines; 
  2.13     (3) one representative of independent pilots who fly for 
  2.14  small business; 
  2.15     (4) one representative of the air cargo industry; 
  2.16     (5) two representatives of the business community unrelated 
  2.17  to aviation, one of whom must reside within the seven-county 
  2.18  metropolitan area and one of whom must reside outside that area; 
  2.19     (6) one representative of environmental interests; 
  2.20     (7) one employee of the Department of Transportation's 
  2.21  Office of Aeronautics; 
  2.22     (8) two representatives of neighborhoods that are 
  2.23  significantly affected by airplane noise; 
  2.24     (9) one representative of tier-two airports (St. Cloud, 
  2.25  Duluth, Willmar, and Rochester); 
  2.26     (10) one member of the senate committee having jurisdiction 
  2.27  over transportation policy, appointed by the chair of that 
  2.28  committee; and 
  2.29     (11) one member of the house of representatives committee 
  2.30  having jurisdiction over transportation policy, appointed by the 
  2.31  chair of that committee. 
  2.32     (b) Members of the advisory council serve at the pleasure 
  2.33  of the appointing authority.  Members shall serve without 
  2.34  compensation. 
  2.35     Subd. 2.  [ADVISORY COUNCIL DUTIES.] (a) The advisory 
  2.36  council on aviation planning shall advise the commissioner on 
  3.1   the aviation planning chapter of the state transportation plan 
  3.2   required under section 174.03, subdivision 2a.  In carrying out 
  3.3   these duties the advisory council shall prepare an initial draft 
  3.4   of the chapter and submit it to the commissioner, revise the 
  3.5   draft if so requested by the commissioner, and comment to the 
  3.6   commissioner on any revisions to the draft the commissioner 
  3.7   makes.  In drafting the chapter the council shall consider: 
  3.8      (1) present and anticipated capacity needs of commercial 
  3.9   service airports, including limitations on expanding the 
  3.10  capacity of individual commercial service airports imposed by 
  3.11  state or local regulations, safety or environmental concerns, 
  3.12  and land uses near the airport that are incompatible with 
  3.13  airport operations; 
  3.14     (2) the needs of Minnesota residents and businesses for 
  3.15  passenger and cargo service, from both a statewide and regional 
  3.16  perspective; 
  3.17     (3) anticipated changes in commercial aircraft types and 
  3.18  characteristics; 
  3.19     (4) noise and other environmental impacts of aviation at 
  3.20  commercial service airports; 
  3.21     (5) trends in the aviation and airline industries; and 
  3.22     (6) relationship between aviation and other forms of 
  3.23  transportation covered by the state transportation plan. 
  3.24     (b) The advisory council may also make recommendations to 
  3.25  the commissioner, the Metropolitan Airports Commission, and the 
  3.26  legislature concerning the policy steps needed to implement the 
  3.27  chapter. 
  3.28     Subd. 3.  [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 
  3.29  The commissioner shall appoint the first advisory council by 
  3.30  July 1, 2004.  The council shall submit any recommendations it 
  3.31  makes to the legislature by January 15, 2005.  The terms of all 
  3.32  members of the advisory council serving on July 1, 2004, expire 
  3.33  on January 1, 2006. 
  3.34     (b) The commissioner shall appoint and convene a new 
  3.35  advisory council not less than two years before the date on 
  3.36  which each revision of the state transportation plan is required 
  4.1   under section 174.03, subdivision 1a.  Each such advisory 
  4.2   council must consist of members as prescribed in subdivision 1, 
  4.3   who shall serve on the same terms as set forth under subdivision 
  4.4   1.  Each such advisory council expires on the date on which the 
  4.5   revision of the state transportation plan becomes final.