Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 123-S.F.No. 629 
                  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 the provisions of paragraph 
        paragraphs (b), (c), (d), and (e).  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 (1) define taxicabs and, (2) 
        provide for driver qualifications, insurance, and vehicle 
        safety, and may (3) provide for issuance of permits to taxicabs 
        and other small passenger vehicles and limits on.  An ordinance 
        under this paragraph may limit the number of permits issued to 
        taxicabs.  An ordinance under this paragraph may not provide for 
        making concession agreements relating to small passenger vehicle 
        service, including taxicabs. 
           (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: 
           (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; 
           (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 
           (3) permits issued to corporations that have sold or 
        transferred at least a majority of the shares of the corporation 
        since January 1, 2005. 
           (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: 
           (1) the number of taxicab permits issued in relation to the 
        number of taxicab customers at the Minneapolis-St. Paul 
        International Airport; 
           (2) the wait times for taxicab drivers; and 
           (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. 
           (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. 
           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 transportation, 
        airports, and 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; and 
           (7) a general statement on the level of public expenditure 
        appropriate to the facilities; and 
           (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. 
           The council shall develop the nontransit element in 
        consultation with the transportation advisory board and the 
        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 shall 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.  "Aviation Transportation policy 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 aviation transportation policy 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 airport transportation 
        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 airports and transportation portions portion of 
        the Metropolitan Development Guide, and the policy plans, and 
        capital budgets for metropolitan wastewater service, 
        transportation, and regional recreation open space. 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 2004, sections 473.155 and 473.619, are 
        repealed. 
           Sec. 9.  [APPLICATION.] 
           This act applies in the counties of Anoka, Carver, Dakota, 
        Hennepin, Ramsey, Scott, and Washington. 
           Presented to the governor May 24, 2005 
           Signed by the governor May 26, 2005, 8:40 p.m.