1.1 	A bill for an act
1.2 	relating to airports; establishing airport land use
1.3 	commissions; requiring the development and adoption of
1.4 	comprehensive airport land use plans; providing duties
1.5 	and powers; creating a task force; requiring a report;
1.6 	proposing coding for new law in Minnesota Statutes,
1.7 	chapter 360.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [360.0715] AIRPORT LAND USE COMMISSION.
1.10 		Subdivision 1.Establishment. By January 15, 2008, every
1.11 	county in which there is located an airport which is served by a
1.12 	scheduled airline shall establish an airport land use
1.13 	commission.  Every county in which there is located an airport
1.14 	which is not served by a scheduled airline, but is operated for
1.15 	the benefit of the general public, shall establish an airport
1.16 	land use commission by January 15, 2008, except that the board
1.17 	of commissioners of a county may, by April 15, 2007, after
1.18 	consultation with the appropriate airport operators and affected
1.19 	local entities and after a public hearing, adopt a resolution
1.20 	finding that there are no noise, public safety, or land use
1.21 	issues which require the creation of a commission and that
1.22 	proper airport land use planning can be accomplished by an
1.23 	appropriately designated body, and declaring the county exempt
1.24 	from this requirement.  The board of commissioners must, after
1.25 	adopting the resolution, transmit a copy of it to the
1.26 	commissioner.
2.1 		Subd. 2.Membership. (a) Each commission under this
2.2 	section shall consist of seven members to be selected as follows:
2.3 	(1) two persons representing the cities in the county,
2.4 	appointed by a city selection committee comprised of the mayors
2.5 	of all the cities within that county, except that if there are
2.6 	any cities contiguous or adjacent to the airport, at least one
2.7 	representative shall be appointed therefrom;
2.8 	(2) two persons representing the county, appointed by the
2.9 	county board of commissioners;
2.10 	(3) two persons having expertise in aviation, appointed by
2.11 	a selection committee comprised of the managers of the public
2.12 	airport located within the county; and 
2.13 	(4) one person representing the general public, appointed
2.14 	by the commissioner.
2.15 	(b) Public officers, whether elected or appointed, may be
2.16 	appointed and serve as members of the commission during their
2.17 	terms of public office.
2.18 	(c) A person "having expertise in aviation" means a person
2.19 	who, by way of education, training, business, experience,
2.20 	vocation, or avocation has acquired knowledge of and familiarity
2.21 	with the function, operation, and role of airports, or is an
2.22 	elected official of a local agency which owns or operates an
2.23 	airport.
2.24 		Subd. 3.Terms; compensation; operation. Members of the
2.25 	commission shall be appointed for a term of four years.  The
2.26 	commission shall select among its members one person to serve as
2.27 	chair.  Compensation of members, if any, shall be determined by
2.28 	the county board of commissioners.  The county board shall
2.29 	provide necessary staff and administrative support to the
2.30 	commission.  The commission shall not employ any personnel
2.31 	either as employees or independent contractors without approval
2.32 	of the county board of commissioners.
2.33 		Subd. 4.Meetings. The commission shall meet at the call
2.34 	of the chair or at the request of a majority of commission
2.35 	members.  A majority of the commission members shall constitute
2.36 	a quorum.  No action shall be taken by the commission except by
3.1 	a vote on the record of a majority of the full membership.  A
3.2 	member of the commission may not participate in or vote on a
3.3 	decision of the commission relating to a matter in which the
3.4 	member has either a direct or indirect financial interest or a
3.5 	conflict of interest as described in section 10A.07.
3.6 		Subd. 5.Powers and duties. (a) The commission has the
3.7 	following powers and duties:
3.8 	(1) to assist local agencies in ensuring compatible land
3.9 	uses in the vicinity of all new airports and the vicinity of
3.10 	existing airports to the extent that the land in the vicinity of
3.11 	those airports is not already devoted to incompatible uses;
3.12 	(2) to coordinate planning at the state, regional, and
3.13 	local levels to provide for the orderly development of air
3.14 	transportation, and protecting the public health, safety, and
3.15 	welfare;
3.16 	(3) to prepare an airport land use plan under subdivision
3.17 	6; and 
3.18 	(4) to review the plans, regulations, and other actions of
3.19 	local agencies and airport operators.
3.20 	(b) The powers of the commission under this subdivision
3.21 	shall in no way be construed to give the commission jurisdiction
3.22 	over the operation of any airport.
3.23 		Subd. 6.Plan. (a) The commissioner shall develop and
3.24 	implement a program to provide training and development in, and
3.25 	establish standards for, airport land use planning.  The program
3.26 	must include:
3.27 	(1) the establishment of a process for the development and
3.28 	adoption of comprehensive land use plans;
3.29 	(2) the development of criteria for determining airport
3.30 	land use planning boundaries;
3.31 	(3) the identification of essential elements which should
3.32 	be included in land use plans, such as height restrictions on
3.33 	buildings, specification of land use, development density, and
3.34 	building standards, including soundproofing adjacent to
3.35 	airports, within the planning area; and 
3.36 	(4) appropriate criteria and procedures for reviewing
4.1 	proposed development and determining whether proposed
4.2 	developments are compatible with the airport use.
4.3 	(b) The commissioner shall provide formal courses or
4.4 	training programs, sponsor seminars and workshops, and publish
4.5 	and make available informational materials.
4.6 	(c) Each airport land use commission shall formulate,
4.7 	adopt, or amend a comprehensive airport land use plan guided by
4.8 	the information prepared and updated by the commissioner under
4.9 	this subdivision.  A comprehensive airport land use plan must
4.10 	provide for the orderly growth of the airport and the area
4.11 	surrounding the airport that will safeguard the public safety,
4.12 	health, and welfare.  The plan must include and be based on a
4.13 	long-range master plan or an airport layout plan, as determined
4.14 	by the commissioner, that reflects the anticipated growth of the
4.15 	airport during at least the next 20 years.  A commission must
4.16 	submit to the commissioner one copy of the plan and each
4.17 	amendment to the plan.
4.18 		Subd. 7.Review. (a) Until a commission adopts a
4.19 	comprehensive land use plan, a municipality, county, or joint
4.20 	airport zoning board must submit all actions, regulations, and
4.21 	permits within the vicinity of a public airport to the
4.22 	commission for review and approval.  Before review or approval,
4.23 	the commission must give reasonable public notice and
4.24 	opportunity for a hearing.  For purposes of this subdivision,
4.25 	"vicinity" means land which will be included or reasonably could
4.26 	be included within the plan.
4.27 	(b) If the commission disapproves an action, regulation, or
4.28 	permit, the commission shall notify the municipality, county, or
4.29 	joint airport zoning board.  The municipality, county, or joint
4.30 	zoning board may overrule the commission by a two-thirds vote of
4.31 	its governing body.  If a municipality, county, or joint airport
4.32 	zoning board overrules the commission, that action shall not
4.33 	relieve the municipality, county, or joint airport zoning board
4.34 	from further compliance with this section, after the commission
4.35 	adopts the comprehensive airport land use plan.
4.36 		Subd. 8.Alternative requirements. (a) If a county board
5.1 	of commissioners adopts a resolution that a commission is not
5.2 	formed under subdivision 1, the county board must, subject to
5.3 	the review and approval of the commissioner:
5.4 	(1) adopt processes for the preparation, adoption, and
5.5 	amendment of the comprehensive airport land use plan for each
5.6 	airport within the county;
5.7 	(2) adopt processes for the notification of the general
5.8 	public, landowners, interested groups, and other public agencies
5.9 	regarding the preparation, adoption, and amendment of the
5.10 	comprehensive airport land use plans; and 
5.11 	(3) designate the agency that shall be responsible for the
5.12 	preparation, adoption, and amendment of the comprehensive
5.13 	airport land use plan.
5.14 	(b) The commissioner shall review the processes adopted
5.15 	under paragraph (a) and shall approve them if the commissioner
5.16 	determines that the processes:
5.17 	(1) result in the preparation, adoption, and implementation
5.18 	of comprehensive airport land use plans in a reasonable period
5.19 	of time;
5.20 	(2) rely on the height, use, noise, safety, and density
5.21 	criteria that are compatible with airport operations, as
5.22 	established by guidelines, rules, or standards prescribed by the
5.23 	commissioner in subdivision 6, and any applicable federal
5.24 	aviation regulations; and 
5.25 	(3) provide adequate notice to the general public,
5.26 	landowners, interested groups, and other public agencies to
5.27 	review and comment on the processes.
5.28 	(c) If the county board of commissioners fails to comply
5.29 	with the requirements of this subdivision, then the plan and
5.30 	amendments shall not be considered adopted and a commission
5.31 	shall be established within 90 days of the determination of
5.32 	noncompliance by the commissioner.

5.33 	Sec. 2. TASK FORCE.
 5.34 	(a) A task force is created to study and make
5.35 	recommendations regarding the implementation of section 1.  The
5.36 	task force shall review Minnesota Statutes and make suggestions
6.1 	for recodifying and renumbering sections, correcting cross
6.2 	references, repealing obsolete laws, and making other technical
6.3 	and conforming amendments to Minnesota Statutes, required by the
6.4 	enactment of this act.
6.5 	(b) The task force is composed of nine members having
6.6 	expertise in aviation, as defined in section 1, subdivision 2,
6.7 	to be appointed as follows:
6.8 	(1) the commissioner of transportation or the
6.9 	commissioner's designee;
6.10 	(2) one member to be appointed by the Metropolitan Council;
6.11 	(3) one member to be appointed by the Metropolitan Airports
6.12 	Commission;
6.13 	(4) one member to be appointed by the Association of
6.14 	Minnesota Counties;
6.15 	(5) one member to be appointed by the League of Minnesota
6.16 	Cities; and 
6.17 	(6) four members to be appointed by the governor.
6.18 	The governor shall appoint one member to serve as chair.
6.19 	(c) The task force is encouraged to consult with
6.20 	landowners, interest groups, and other public agencies.  The
6.21 	task force shall submit a report with its findings and
6.22 	recommendations to the legislature and governor by February 15,
6.23 	2007.  The task force expires upon the adjournment of the 2007
6.24 	regular legislative session.

6.25 	Sec. 3. EFFECTIVE DATE.
 6.26 	This act is effective the day following final enactment.
6.27 	Counties, as required by this act, must adopt a comprehensive
6.28 	airport land use plan, as provided in section 1, subdivision 6
6.29 	or 7, by April 15, 2010.