1.1                          A bill for an act 
  1.2             relating to energy codes; changing certain 
  1.3             requirements; providing for adoption of a new energy 
  1.4             code; amending Minnesota Statutes 2000, sections 
  1.5             16B.617; 16B.70, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 16B.617, is 
  1.8   amended to read: 
  1.9      16B.617 [ENERGY CODE RULES REMAIN IN EFFECT.] 
  1.10     (a) Notwithstanding Laws 1999, chapter 135, section 9, 
  1.11  Minnesota Rules, chapter 7670, does not expire on April 15, 
  1.12  2000, but remains in effect for residential buildings not 
  1.13  covered by Minnesota Rules, chapter 7676.  The provisions of 
  1.14  Minnesota Rules, chapter 7670, that apply to category 1 
  1.15  buildings govern new, detached single one- and two-family R-3 
  1.16  occupancy residential buildings.  All new, detached single one- 
  1.17  and two-family R-3 occupancy buildings subject to Minnesota 
  1.18  Rules, chapter 7670, submitting an application for a building 
  1.19  permit after April 14, 2000, must meet the requirements for 
  1.20  category 1 buildings, as set out in Minnesota Rules, chapter 
  1.21  7670.  ~~All new detached single one- and two-family R-3 occupancy~~ 
  1.22  ~~buildings having fuel burning equipment using nonsolid fuels for~~ 
  1.23  ~~space heating, service water heating, or hearth products must~~ 
  1.24  ~~install direct vent, power vent, or sealed combustion~~ 
  1.25  ~~equipment.  All new detached single one- and two-family R-3~~ 
  2.1   ~~occupancy buildings must have a mechanical ventilation system~~ 
  2.2   ~~which replaces, by direct or indirect means, air from habitable~~ 
  2.3   ~~rooms with outdoor air.  If any single exhaust device over 300~~ 
  2.4   ~~cubic feet per minute is installed, sealed combustion space~~ 
  2.5   ~~heating equipment or an alternative make-up air source must be~~ 
  2.6   ~~used.~~ 
  2.7      (b) As an alternative to compliance with paragraph (a), 
  2.8   compliance with Minnesota Rules, chapters 7672 and 7674, is 
  2.9   optional for a contractor or owner. 
  2.10     (c) The department of administration, building codes and 
  2.11  standards division (BCSD), shall issue a report to the 
  2.12  legislature by December 1, 2001, addressing the cost benefit, as 
  2.13  well as air quality, building durability, moisture, enforcement, 
  2.14  enforceability, and liability regarding implementation of 
  2.15  Minnesota Rules, chapters 7670, 7672, and 7674.  The report must 
  2.16  include a feasibility study of establishing new criteria for 
  2.17  category 2 detached single one- and two-family R-3 occupancy 
  2.18  buildings that are energy efficient, enforceable, and provide 
  2.19  sufficient nonmechanical ventilation or permeability for a home 
  2.20  to maintain good air quality, building durability, and adequate 
  2.21  release of moisture. 
  2.22     (d) This section expires when the commissioner of 
  2.23  administration adopts a new energy code in accordance with 
  2.24  section 4. 
  2.25     Sec. 2.  Minnesota Statutes 2000, section 16B.70, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [COMPUTATION.] To defray the costs of 
  2.28  administering sections 16B.59 to ~~16B.75~~ 16B.76, a surcharge is 
  2.29  imposed on all permits issued by municipalities in connection 
  2.30  with the construction of or addition or alteration to buildings 
  2.31  and equipment or appurtenances after June 30, 1971~~, as follows:~~. 
  2.32  The commissioner may use any surplus in surcharge receipts to 
  2.33  award grants for code research and development and education. 
  2.34     If the fee for the permit issued is fixed in amount the 
  2.35  surcharge is equivalent to one-half mill (.0005) of the fee or 
  2.36  50 cents, whichever amount is greater.  For all other permits, 
  3.1   the surcharge is as follows: 
  3.2      (1) if the valuation of the structure, addition, or 
  3.3   alteration is $1,000,000 or less, the surcharge is equivalent to 
  3.4   one-half mill (.0005) of the valuation of the structure, 
  3.5   addition, or alteration; 
  3.6      (2) if the valuation is greater than $1,000,000, the 
  3.7   surcharge is $500 plus two-fifths mill (.0004) of the value 
  3.8   between $1,000,000 and $2,000,000; 
  3.9      (3) if the valuation is greater than $2,000,000, the 
  3.10  surcharge is $900 plus three-tenths mill (.0003) of the value 
  3.11  between $2,000,000 and $3,000,000; 
  3.12     (4) if the valuation is greater than $3,000,000, the 
  3.13  surcharge is $1,200 plus one-fifth mill (.0002) of the value 
  3.14  between $3,000,000 and $4,000,000; 
  3.15     (5) if the valuation is greater than $4,000,000, the 
  3.16  surcharge is $1,400 plus one-tenth mill (.0001) of the value 
  3.17  between $4,000,000 and $5,000,000; and 
  3.18     (6) if the valuation exceeds $5,000,000, the surcharge is 
  3.19  $1,500 plus one-twentieth mill (.00005) of the value that 
  3.20  exceeds $5,000,000.  
  3.21     Sec. 3.  [ENERGY CODE.] 
  3.22     Notwithstanding Minnesota Statutes, section 16B.617, the 
  3.23  commissioner of administration, in consultation with the 
  3.24  construction codes advisory council, shall explore and review 
  3.25  the availability and appropriateness of any model energy codes 
  3.26  related to the construction of single one- and two-family 
  3.27  residential buildings.  In consultation with the council, the 
  3.28  commissioner shall take steps to adopt the chosen code with all 
  3.29  necessary and appropriate amendments. 
  3.30     The commissioner may not adopt all or part of a model 
  3.31  energy code relating to the construction of residential 
  3.32  buildings without research and analysis that addresses, at a 
  3.33  minimum, air quality, building durability, moisture, 
  3.34  enforcement, enforceability cost benefit, and liability.  The 
  3.35  research and analysis must be completed in cooperation with 
  3.36  practitioners in residential construction and building science 
  4.1   and an affirmative recommendation by the construction codes 
  4.2   advisory council.  
  4.3      Sec. 4.  [EFFECTIVE DATE.] 
  4.4      Notwithstanding any contrary provision of Minnesota 
  4.5   Statutes, section 16B.617, paragraph (a), the commissioner of 
  4.6   administration may adopt appropriate provisions addressing 
  4.7   combustion air and make-up air in residential construction as 
  4.8   part of the mechanical code.  Section 1 is effective when rules 
  4.9   containing these provisions are adopted.  Sections 2 and 3 are 
  4.10  effective the day following final enactment.