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SF 629

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to metropolitan government; modifying
provisions governing taxicabs at airports; modifying
policy plan provisions; removing the requirement for
adoption of a separate airports or aviation system
plan; repealing provisions for planning administration
between the Metropolitan Council and the Metropolitan
Airports Commission; repealing obsolete provisions;
amending Minnesota Statutes 2004, sections 221.091,
subdivision 3; 473.146, subdivisions 1, 3; 473.192,
subdivisions 2, 3; 473.655; 473.852, subdivision 8;
repealing Minnesota Statutes 2004, sections 473.155;
473.619.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 221.091,
subdivision 3, is amended to read:


Subd. 3.

Authority of metropolitan airports commission.

Notwithstanding any other law:

(a) The Metropolitan Airports Commission may regulate
ground transportation to and from an airport under its
jurisdiction, subject to deleted text beginthe provisions of paragraph
deleted text endnew text begin paragraphs new text end(b)new text begin, (c), (d), and (e)new text end. The authority under this
paragraph includes, but is not limited to, regulating the number
and types of transportation services, making concession
agreements, and establishing vehicle standards.

(b) The Metropolitan Airports Commission may regulate small
passenger vehicles, including taxicabs, serving an airport under
its jurisdiction only by ordinance. An ordinance adopted under
this paragraph must at a minimum new text begin(1) new text enddefine taxicabs deleted text beginand deleted text endnew text begin, (2)
new text end provide for driver qualifications, insurance, and vehicle
safety, and deleted text beginmay deleted text endnew text begin(3) new text endprovide for issuance of permits to taxicabs
and other small passenger vehicles deleted text beginand limits on deleted text endnew text begin. An ordinance
under this paragraph may limit
new text endthe number of permits issued new text beginto
taxicabs
new text end. An ordinance under this paragraph may not provide for
making concession agreements relating to small passenger vehicle
service, including taxicabs.

new text begin (c) If the Metropolitan Airports Commission determines that
it is in the public interest to reduce the number of annual
taxicab permits issued at the Minneapolis-St. Paul International
Airport, the commission shall first reduce the number of permits
in the following order:
new text end

new text begin (1) permits held by permit holders who have not picked up a
passenger at the Minneapolis-St. Paul International Airport
within three months immediately preceding the decision to reduce
permits;
new text end

new text begin (2) permits issued to permit holders who have not
continuously held an annual or semi-annual permit prior to and
since January 1, 2005; and
new text end

new text begin (3) permits issued to corporations that have sold or
transferred at least a majority of the shares of the corporation
since January 1, 2005.
new text end

new text begin (d) In deciding whether it is in the public interest to
reduce the number of taxicab permits, the commission shall
consider, at a minimum, the following factors:
new text end

new text begin (1) the number of taxicab permits issued in relation to the
number of taxicab customers at the Minneapolis-St. Paul
International Airport;
new text end

new text begin (2) the wait times for taxicab drivers; and
new text end

new text begin (3) the impact to current permit holders, including, but
not limited to, permit holders who have held a permit during a
permitting period prior to January 1, 2005.
new text end

new text begin (e) If the Metropolitan Airports Commission allows for
taxicab permit transfers, the commission shall not prohibit
permit transfers between sole proprietors, individual owner
taxicab operators, or corporations, unless the commission also
prohibits permit transfers from one corporation to another
corporation.
new text end

Sec. 2.

Minnesota Statutes 2004, section 473.146,
subdivision 1, is amended to read:


Subdivision 1.

Requirement.

The council shall adopt a
long-range comprehensive policy plan for transportationdeleted text begin,
airports,
deleted text endand wastewater treatment. The plans must
substantially conform to all policy statements, purposes, goals,
standards, and maps in the development guide developed and
adopted by the council under this chapter. Each policy plan
must include, to the extent appropriate to the functions,
services, and systems covered, the following:

(1) forecasts of changes in the general levels and
distribution of population, households, employment, land uses,
and other relevant matters, for the metropolitan area and
appropriate subareas;

(2) a statement of issues, problems, needs, and
opportunities with respect to the functions, services, and
systems covered;

(3) a statement of the council's goals, objectives, and
priorities with respect to the functions, services, and systems
covered, addressing areas and populations to be served, the
levels, distribution, and staging of services; a general
description of the facility systems required to support the
services; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an
analysis of what portion of the funding for each improvement is
proposed to come from the state, Metropolitan Council levies,
and cities, counties, and towns in the metropolitan area,
respectively, and other similar matters;

(4) a statement of policies to effectuate the council's
goals, objectives, and priorities;

(5) a statement of the fiscal implications of the council's
plan, including a statement of: (i) the resources available
under existing fiscal policy; (ii) the adequacy of resources
under existing fiscal policy and any shortfalls and unattended
needs; (iii) additional resources, if any, that are or may be
required to effectuate the council's goals, objectives, and
priorities; and (iv) any changes in existing fiscal policy, on
regional revenues and intergovernmental aids respectively, that
are expected or that the council has recommended or may
recommend;

(6) a statement of the relationship of the policy plan to
other policy plans and chapters of the Metropolitan Development
Guide;

(7) a statement of the relationships to local comprehensive
plans prepared under sections 473.851 to 473.871; and

(8) additional general information as may be necessary to
develop the policy plan or as may be required by the laws
relating to the metropolitan agency and function covered by the
policy plan.

Sec. 3.

Minnesota Statutes 2004, section 473.146,
subdivision 3, is amended to read:


Subd. 3.

Development guide: transportation.

The
transportation chapter must include policies relating to all
transportation forms and be designed to promote the legislative
determinations, policies, and goals set forth in section
473.371. In addition to the requirements of subdivision 1
regarding the contents of the policy plan, the nontransit
element of the transportation chapter must include the following:

(1) a statement of the needs and problems of the
metropolitan area with respect to the functions covered,
including the present and prospective demand for and constraints
on access to regional business concentrations and other major
activity centers and the constraints on and acceptable levels of
development and vehicular trip generation at such centers;

(2) the objectives of and the policies to be forwarded by
the policy plan;

(3) a general description of the physical facilities and
services to be developed;

(4) a statement as to the general location of physical
facilities and service areas;

(5) a general statement of timing and priorities in the
development of those physical facilities and service areas;

(6) a detailed statement, updated every two years, of
timing and priorities for improvements and expenditures needed
on the metropolitan highway system; deleted text beginand
deleted text end

(7) a general statement on the level of public expenditure
appropriate to the facilitiesnew text begin; and
new text end

new text begin (8) a long-range assessment of air transportation trends
and factors that may affect airport development in the
metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and
evaluation of alternatives for airport development
new text end.

The council shall develop the nontransit element in
consultation with the transportation advisory board and new text beginthe
Metropolitan Airports Commission and cities having an airport
located within or adjacent to its corporate boundaries. The
council shall also take into consideration the airport
development and operations plans and activities of the
commission. The council
new text endshall transmit the results to the state
Department of Transportation.

Sec. 4.

Minnesota Statutes 2004, section 473.192,
subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section,
"metropolitan area" has the meaning given it in section 473.121,
subdivision 2. " deleted text beginAviation deleted text endnew text beginTransportation new text endpolicy plan" means the
plan adopted by the Metropolitan Council pursuant to section
473.145. "Municipality" has the meaning provided by section
462.352, subdivision 2.

Sec. 5.

Minnesota Statutes 2004, section 473.192,
subdivision 3, is amended to read:


Subd. 3.

Ordinance.

A municipality in the metropolitan
area that, in part or in whole, is within the aircraft noise
zones designated in the deleted text beginaviation deleted text endnew text begintransportation new text endpolicy plan may
adopt and enforce ordinances and controls to regulate building
construction methods and materials for the purpose of
attenuating aircraft noise in habitable buildings in and around
the noise zone. The ordinance or control shall not apply to
remodeling or rehabilitating an existing residential building
nor to the construction of an appurtenance to an existing
residential building. An ordinance adopted by a municipality
must be adequate to implement the Metropolitan Council's
guidelines for land use compatibility with aircraft noise.
Section 16B.62 does not apply to ordinances adopted under this
section.

Sec. 6.

Minnesota Statutes 2004, section 473.655, is
amended to read:


473.655 PUBLIC AND GOVERNMENTAL PURPOSES.

It is hereby determined and declared that the purposes of
sections 473.601 to 473.679 are public and governmental; that
the development of the metropolitan airports system by the
corporation be consistent with the deleted text beginairport deleted text endnew text begintransportation
new text end chapter of the Metropolitan Council's Development Guide and
promote the public safety and welfare of the state; and that the
development, extension, maintenance, and operation of the system
in such a manner as to assure the residents of the metropolitan
area of the minimum environmental impact from air navigation and
transportation, with provision for noise abatement, control of
airport area land use, and other protective measures, is
essential to the development of air navigation and
transportation in and through this state, and is necessary in
order to assure the inclusion of this state in national and
international systems of air transportation, benefits the people
of the state as a whole, renders a general public service, and
provides employment, and is of great public economic benefit.

Sec. 7.

Minnesota Statutes 2004, section 473.852,
subdivision 8, is amended to read:


Subd. 8.

Metropolitan system plans.

"Metropolitan system
plans" means the deleted text beginairports and deleted text endtransportation deleted text beginportions deleted text endnew text beginportion new text endof
the Metropolitan Development Guide, and the policy plans, and
capital budgets for metropolitan wastewater service,
transportation, and regional recreation open space.

Sec. 8. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 473.155 and 473.619, are
repealed.
new text end

Sec. 9. new text beginAPPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end