Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 279-S.F.No. 1358 
           An act relating to metropolitan airport planning; 
          requiring various actions, plans, and reports by the 
          metropolitan council and the metropolitan airports 
          commission; expanding the membership of the 
          commission; establishing a state advisory council on 
          metropolitan airport planning; amending Minnesota 
          Statutes 1988, sections 473.604, subdivision 1; and 
          473.621, subdivision 1a; proposing coding for new law 
          in Minnesota Statutes, chapter 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [473.155] [AVIATION PLANNING.] 
    Subdivision 1.  [AVIATION PLANNING ASSESSMENT.] By February 
15 of each year, the council shall prepare a long-range 
assessment of air transportation trends and factors that may 
affect major airport development in the metropolitan area for a 
prospective 30-year period.  The council shall involve the 
airports commission in preparing the assessment and shall take 
into consideration the airport development and operations plans 
and activities of the commission. 
    Subd. 2.  [AVIATION PLAN.] By February 1, 1990, the council 
shall amend the aviation chapter of the metropolitan development 
guide to incorporate policies and strategies that will ensure a 
comprehensive, coordinated, continuing, thorough, and timely 
investigation and evaluation of alternatives for major airport 
development in the metropolitan area for a prospective 30-year 
period.  The alternatives to be examined must include both the 
airport improvements and enhancements of capacity that may be 
necessary at the existing airport and the location and 
development of a new airport. 
    Subd. 3.  [SEARCH AREA.] By January 1, 1992, the council, 
in consultation with the airports commission, shall designate a 
search area for a major new airport. 
    Subd. 4.  [LEGISLATIVE REPORTS.] (a) Until the activities 
required by section 3, subdivision 3, and section 4 are 
completed, the council shall report to the legislature by 
February 15 of each year on the results of the aviation planning 
activities of the council under this section.  The report must 
include a summary of expenditures and sources of funding for the 
activities. 
    (b) By February 1, 1990, the council shall report to the 
legislature recommending methods and legislative actions that 
would be necessary to protect a new airport search area from 
conflicting development, to protect and control development on 
land at and around a site for a major new airport, and to 
inhibit land speculation and reduce incentives for land 
speculation in the airport and all surrounding areas. 
    (c) By March 1, 1990, after consulting with the airports 
commission, the federal aviation administration, industry 
representatives, and other persons, the council shall report to 
the legislature on assumptions and methods that will be used by 
the council to forecast demand related to the need for major 
airport facilities in the metropolitan area for a prospective 
30-year period. 
    (d) By March 1, 1990, the council shall report to the 
legislature analyzing and making recommendations on long-range 
aviation goals for the major airport facility in the 
metropolitan area for a prospective 30-year period.  The report 
must address goals for safety, environmental impact, and 
service, including ground access and service levels to other 
states and countries and to nonmetropolitan areas of the state.  
In preparing the report, the council shall consider regional 
growth patterns, economic development, economic impact, regional 
and statewide investment, and ground transportation. 
    (e) By December 1, 1990, the council shall report to the 
legislature on the general availability of suitable land for a 
new airport in and in the area surrounding the metropolitan area.
    (f) By January 1, 1993, the council shall report to the 
legislature on policies for the reuse of the existing major 
airport site should a new major airport be developed. 
    Sec. 2.  Minnesota Statutes 1988, section 473.604, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commission consists of: 
    (1) the mayor of each of the cities, or a qualified voter 
appointed by the mayor, for the term of office as mayor; 
    (2) a number of members appointed from precincts equal or 
nearest to but not exceeding half the number of districts which 
are provided by law for the selection of members of the 
metropolitan council in section 473.123.  Each member shall be a 
resident of the precinct represented.  The members shall be 
appointed by the governor as follows:  a number as near as 
possible to one-fourth, for a term of one year; a similar number 
for a term of two years; a similar number for a term of three 
years; and a similar number for a term of four years, all of 
which terms shall commence on July 1, 1981.  The successors of 
each member shall be appointed for four-year terms commencing in 
July of each fourth year after the expiration of the original 
term.  Before making an appointment, the governor shall consult 
with each member of the legislature from the precinct for which 
the member is to be appointed, to solicit the legislator's 
recommendation on the appointment; and 
    (3) four members appointed from outside of the metropolitan 
area to reflect fairly the various regions and interests 
throughout the state that are affected by the operation of the 
commission's major airport and airport system.  Two of these 
members must be residents of statutory or home rule charter 
cities, towns, or counties containing an airport designated by 
the commissioner of transportation as a key airport.  The other 
two must be residents of statutory or home rule charter cities, 
towns, or counties containing an airport designated by the 
commissioner of transportation as an intermediate airport.  The 
members must be appointed by the governor as follows:  one for a 
term of one year, one for a term of two years, one for a term of 
three years, and one for a term of four years.  All of the terms 
start on July 1, 1989.  The successors of each member must be 
appointed to four-year terms commencing on July 1 of each fourth 
year after the expiration of the original term.  Before making 
an appointment, the governor shall consult each member of the 
legislature representing the municipality or county from which 
the member is to be appointed, to solicit the legislator's 
recommendation on the appointment; and 
    (4) a chair appointed by the governor for a term of four 
years.  The chair may be removed at the pleasure of the governor.
    Sec. 3.  [473.616] [COMPREHENSIVE AIRPORT PLANNING.] 
    Subdivision 1.  [WOLD-CHAMBERLAIN PLAN.] (a) By January 1, 
1991, the commission shall adopt a long-term comprehensive plan 
for the international airport at its existing location.  The 
plan must describe: 
    (1) aviation demand and air transportation needs; 
    (2) airport capacity limits and potential; 
     (3) facilities requirements; 
     (4) a plan for physical development, including financial 
estimates and a tentative development schedule; 
    (5) airport operational characteristics; 
    (6) compatibility with metropolitan and local physical 
facility systems; 
    (7) environmental effects; 
    (8) safety; and 
    (9) the effect on the neighboring communities. 
The plan must satisfy the air transportation needs for a 
prospective 20-year period.  At the same time, the commission 
shall adopt a concept plan for the airport, including an 
estimate of facilities requirements, to satisfy the air 
transportation needs for an additional ten-year period.  The 
plans must be consistent with the development guide of the 
council.  The plans must be updated at least every five years.  
The plans must be amended as necessary to reflect changes in 
trends and conditions, facilities requirements, and development 
plans and schedules.  The plans are subject to sections 473.165 
and 473.611.  
    (b) Until January 1, 1996, or until the commission has 
completed the activities required by subdivision 3 and section 
4, whichever occurs first, the commission may construct a new 
runway or a new, substantially expanded, or relocated terminal 
facility if the commission determines that construction of the 
runway or facility is necessary and prudent, considering the 
economic, financial, environmental, and other costs and benefits 
of the new runway or facility, the current and long-term future 
need for major airport facilities, capacity constraints, and the 
time required to construct airport facilities.  The commission 
shall make its determination by resolution, containing findings 
of fact and conclusions.  Before making its determination, the 
commission shall hold a public hearing on the question.  The 
hearing may be held separately or in conjunction with any other 
hearing required on the project, as the commission deems 
appropriate.  The commission may plan, prepare designs and 
specifications, and conduct an environmental review of a 
facility before the public hearing.  
    Subd. 2.  [NEW AIRPORT; CONCEPTUAL DESIGN STUDY AND 
PLAN.] By March 1, 1990, the commission, in consultation with 
the council, shall complete a study of facilities requirements, 
airport functioning, and conceptual design for a major new 
airport.  By January 1, 1991, the commission shall complete a 
conceptual design plan for a major new airport.  The conceptual 
design study and plan must describe and satisfy air 
transportation needs for a prospective 30-year period and be 
consistent with the development guide of the council.  The 
conceptual design plan must include an analysis of estimated 
costs, potential financing methods and sources of public and 
private funding, and cost allocation issues and options.  The 
council shall use the design study and plan in evaluating areas 
for locating a new airport under section 1, subdivision 3. 
    Subd. 3.  [NEW AIRPORT; SITE SELECTION; COMPREHENSIVE 
PLAN.] Within four years following the council's designation of 
a search area under section 1, the commission shall:  (1) select 
a site for a major new airport in the search area designated by 
the council; (2) prepare a comprehensive plan and schedule, 
including financial plans, for the development of a major 
airport at that site for a prospective 20-year period following 
a decision to develop a new airport; (3) prepare an estimate of 
facilities requirements and a concept plan for development of 
the airport for an additional ten years; and (4) prepare and 
submit for administrative review the environmental documents 
that are required for site acquisition. 
    Subd. 4.  [LEGISLATIVE REPORTS.] (a) Until the activities 
required by subdivision 3 and section 4 are completed, the 
commission shall report to the legislature by February 15 of 
each year on the results of the airport planning activities of 
the commission under this section.  The report must include a 
summary of expenditures and sources of funding for the 
activities. 
    (b) By March 1, 1990, after consulting with the council, 
the federal aviation administration, industry representatives, 
and other persons, the commission shall report to the 
legislature on the assumptions and methods that the commission 
will use in preparing forecasts for airport development and 
operations purposes and for determining capacity and facility 
needs. 
    (c) By March 1, 1990, the commission shall report to the 
legislature on the integration of major airport facilities in 
the metropolitan area with state, national, and international 
air transportation systems and on the commission's planning 
assumptions and parameters related to such airport development 
issues as capacity, safety, environmental impact, and air 
service. 
    (d) By March 1, 1990, the commission shall report to the 
legislature on the conceptual design study for a major new 
airport, prepared under subdivision 2.  By January 1, 1991, the 
commission shall report to the legislature on the conceptual 
design plan prepared under subdivision 2. 
    Sec. 4.  [473.618] [AIRPORT PLANNING AND DEVELOPMENT 
REPORT.] 
    Within 180 days after the completion of the actions 
required by section 3, subdivision 3, the metropolitan council 
and the airports commission shall report to the legislature on 
the long-range planning and development of major airport 
facilities in the metropolitan area.  The report must include 
the recommendations of the agencies on major airport development 
in the metropolitan area for a prospective 30-year period and on 
acquiring a site for a major new airport.  The report must 
include an analysis of the effect of a new airport on present 
and proposed facilities at the existing airport and on the 
local, regional, and state economies.  The report must contain 
the recommendations of the agencies on financial planning and 
financing for a major new airport, including:  cost; cost 
allocation; amortization of major improvements at the existing 
airport before a transfer of operations; financing methods and 
sources of public and private funds; lease agreements and user 
charges at a new airport; and a method of capturing for public 
uses a portion of the revenue from development around a new 
airport. 
    Sec. 5.  [473.619] [PLANNING ADMINISTRATION.] 
    Subdivision 1.  [INTERAGENCY AGREEMENT.] The metropolitan 
council and the airports commission shall enter into an 
intergovernmental agreement by July 1, 1989.  The agreement must 
establish a process and agency responsibilities for 
comprehensive and coordinated planning for major airport 
development, consistent with the requirements of this section 
and sections 1, 3, and 4.  The agreement must establish a joint 
committee composed of board members of the two agencies to 
oversee implementation of the agreement. 
    Subd. 2.  [SCOPE OF WORK REPORT.] By September 1, 1989, the 
metropolitan council and the airports commission shall prepare a 
scope of work report that describes the general scope and 
schedule of work and the topics to be addressed in the planning 
and study tasks required of the agencies under sections 1, 3, 
and 4. 
    Subd. 3.  [FEDERAL PARTICIPATION.] The metropolitan council 
and the airports commission shall make use of available federal 
funding for their activities under sections 1, 3, and 4. 
    Subd. 4.  [CONSULTATION.] The metropolitan council and the 
airports commission shall prepare the plans and reports under 
sections 1, 3, and 4 in consultation with each other, the 
commissioner of transportation, the federal aviation 
administration, industry representatives, and other interested 
persons. 
    Subd. 5.  [COMMENCEMENT.] In order to meet the planning 
deadlines prescribed in sections 1, 3, and 4, the agencies may 
begin preparing plans and studies immediately, without waiting 
for the completion of the interagency agreement or the 
completion and review of the scope of work report. 
    Sec. 6.  Minnesota Statutes 1988, section 473.621, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [RELATIONSHIP TO LEGISLATURE.] The commission 
shall be held accountable to the legislature in its activities, 
plans, policies, and programs.  It shall report each session to 
appropriate committees of the legislature as to its activities, 
plans, policies, and programs and shall make other reports and 
recommendations which the legislature or its committees deem 
appropriate.  The commission shall adopt a long-term 
comprehensive plan for the Minneapolis-St. Paul International 
Airport.  The plan must describe, in the degree of detail that 
the commission deems appropriate for at least a prospective 
ten-year period, the following: 
    (1) aviation demand; 
    (2) airport capacity, including environmental, runway, 
terminal, and other factors relevant to capacity; 
    (3) a plan and financial estimates for physical 
development; 
    (4) airport operational characteristics; 
    (5) compatibility with the capacity of metropolitan and 
local physical facility systems; 
    (6) environmental effects; and 
    (7) the effect on the neighboring communities. 
The plan must be submitted to the legislature by December 31, 
1988, and be updated at least every five years thereafter.  The 
plan is subject to sections 473.165 and 473.611. 
    Sec. 7.  [STATE ADVISORY COUNCIL.] 
    Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A state of 
Minnesota advisory council on metropolitan airport planning is 
established to provide a forum at the state level for education, 
discussion, and advice to the legislature on the reports 
prepared for the legislature by the metropolitan council and 
metropolitan airports commission.  The creation of this advisory 
council does not affect the existing reporting relationship of 
the commission and council to the legislature. 
    Subd. 2.  [AUTHORITY; DUTIES.] (a) The advisory council 
shall review and comment to the legislature on the scope of work 
report required by section 5, subdivision 2. 
    (b) The advisory council shall review and comment to the 
legislature on the reports to the legislature required by 
section 1, subdivision 4; section 3, subdivision 4; and section 
4. 
    (c) The advisory council may conduct public meetings on the 
reports to inform the public and solicit opinion. 
    (d) The advisory council may request interim briefings on 
work in progress. 
     (e) The advisory council may gather information, conduct 
research and analysis, and advise the legislature on matters 
related to the council's charge. 
    Subd. 3.  [MEMBERSHIP.] The members of the advisory council 
are: 
    (1) six legislators, three members of the senate and three 
members of the house of representatives, appointed by the 
customary appointing authority of each house; 
    (2) the commissioners of transportation, state planning, 
and the pollution control agency, or their designees; 
    (3) two members of the metropolitan council, appointed by 
the metropolitan council; 
    (4) two members of the metropolitan airports commission, 
appointed by the airports commission; 
    (5) two representatives of the aviation industry, appointed 
by the metropolitan council; 
    (6) six public members who are not eligible for selection 
under the other clauses of this subdivision, three appointed by 
the customary appointing authority of each house of the 
legislature; 
    (7) a representative of the federal aviation 
administration, serving as a nonvoting member; and 
    (8) a person selected by the Minnesota congressional 
delegation, serving as a nonvoting member. 
    At least one of the three persons appointed by each house 
under clause (6) must reside outside of the metropolitan area. 
    Members serve at the pleasure of the appointing authority. 
    Subd. 4.  [CHAIRS.] The legislative appointing authorities 
shall each designate a legislative appointee to serve as a 
co-chair of the advisory council. 
    Subd. 5.  [ADMINISTRATION.] On the request of the advisory 
council, legislative staff offices and the state and 
metropolitan agencies represented on the advisory council shall 
provide administrative and staff assistance.  Members appointed 
under subdivision 3, clause (6), are compensated as provided in 
section 15.0575, subdivision 3.  
    Subd. 6.  [TERMINATION.] The advisory council ceases to 
exist when the actions required by section 3, subdivision 3, and 
section 4 are completed. 
    Sec. 8.  [COMPLIANCE WITH OTHER LAWS.] 
    Nothing in sections 1 to 9 relieves the commission or the 
council of any duties or responsibilities otherwise imposed by 
law. 
    Sec. 9.  [APPLICATION.] 
    Except as otherwise provided in sections 2 and 7, sections 
1 to 8 apply in the counties of Anoka, Carver, Dakota, Hennepin, 
Ramsey, Scott, and Washington. 
    Presented to the governor May 23, 1989 
    Signed by the governor May 25, 1989, 6:07 p.m.