1.1                          A bill for an act 
  1.2             relating to energy codes; adding a member to the 
  1.3             construction codes advisory council; changing certain 
  1.4             requirements; providing for adoption of a new energy 
  1.5             code; amending Minnesota Statutes 2000, sections 
  1.6             16B.617; 16B.70, subdivision 1; Minnesota Statutes 
  1.7             2001 Supplement, section 16B.76, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 16B.617, is 
  1.10  amended to read: 
  1.11     16B.617 [ENERGY CODE RULES REMAIN IN EFFECT.] 
  1.12     (a) Notwithstanding Laws 1999, chapter 135, section 9, 
  1.13  Minnesota Rules, chapter 7670, does not expire on April 15, 
  1.14  2000, but remains in effect for residential buildings not 
  1.15  covered by Minnesota Rules, chapter 7676.  The provisions of 
  1.16  Minnesota Rules, chapter 7670, that apply to category 1 
  1.17  buildings govern new, detached single one- and two-family R-3 
  1.18  occupancy residential buildings.  All new, detached single one- 
  1.19  and two-family R-3 occupancy buildings subject to Minnesota 
  1.20  Rules, chapter 7670, submitting an application for a building 
  1.21  permit after April 14, 2000, must meet the requirements for 
  1.22  category 1 buildings, as set out in Minnesota Rules, chapter 
  1.23  7670.  All new detached single one- and two-family R-3 occupancy 
  1.24  buildings having fuel burning equipment using nonsolid fuels for 
  1.25  space heating, service water heating, or hearth products must 
  1.26  install direct vent, power vent, or sealed combustion 
  2.1   equipment.  All new detached single one- and two-family R-3 
  2.2   occupancy buildings must have a mechanical ventilation system 
  2.3   which replaces, by direct or indirect means, air from habitable 
  2.4   rooms with outdoor air.  If any single exhaust device over 300 
  2.5   cubic feet per minute is installed, sealed combustion space 
  2.6   heating equipment or an alternative make-up air source must be 
  2.7   used. 
  2.8      (b) As an alternative to compliance with paragraph (a), 
  2.9   compliance with Minnesota Rules, chapters 7672 and 7674, is 
  2.10  optional for a contractor or owner. 
  2.11     (c) The department of administration, building codes and 
  2.12  standards division (BCSD), shall issue a report to the 
  2.13  legislature by December 1, 2001, addressing the cost benefit, as 
  2.14  well as air quality, building durability, moisture, enforcement, 
  2.15  enforceability, and liability regarding implementation of 
  2.16  Minnesota Rules, chapters 7670, 7672, and 7674.  The report must 
  2.17  include a feasibility study of establishing new criteria for 
  2.18  category 2 detached single one- and two-family R-3 occupancy 
  2.19  buildings that are energy efficient, enforceable, and provide 
  2.20  sufficient nonmechanical ventilation or permeability for a home 
  2.21  to maintain good air quality, building durability, and adequate 
  2.22  release of moisture. 
  2.23     (d) This section expires when the commissioner of 
  2.24  administration adopts a new energy code in accordance with 
  2.25  section 4. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 16B.70, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [COMPUTATION.] To defray the costs of 
  2.29  administering sections 16B.59 to 16B.75 16B.76, a surcharge is 
  2.30  imposed on all permits issued by municipalities in connection 
  2.31  with the construction of or addition or alteration to buildings 
  2.32  and equipment or appurtenances after June 30, 1971, as follows:. 
  2.33  The commissioner may use any surplus in surcharge receipts to 
  2.34  award grants for code research and development, education, and 
  2.35  enforcement. 
  2.36     If the fee for the permit issued is fixed in amount the 
  3.1   surcharge is equivalent to one-half mill (.0005) of the fee or 
  3.2   50 cents, whichever amount is greater.  For all other permits, 
  3.3   the surcharge is as follows: 
  3.4      (1) if the valuation of the structure, addition, or 
  3.5   alteration is $1,000,000 or less, the surcharge is equivalent to 
  3.6   one-half mill (.0005) of the valuation of the structure, 
  3.7   addition, or alteration; 
  3.8      (2) if the valuation is greater than $1,000,000, the 
  3.9   surcharge is $500 plus two-fifths mill (.0004) of the value 
  3.10  between $1,000,000 and $2,000,000; 
  3.11     (3) if the valuation is greater than $2,000,000, the 
  3.12  surcharge is $900 plus three-tenths mill (.0003) of the value 
  3.13  between $2,000,000 and $3,000,000; 
  3.14     (4) if the valuation is greater than $3,000,000, the 
  3.15  surcharge is $1,200 plus one-fifth mill (.0002) of the value 
  3.16  between $3,000,000 and $4,000,000; 
  3.17     (5) if the valuation is greater than $4,000,000, the 
  3.18  surcharge is $1,400 plus one-tenth mill (.0001) of the value 
  3.19  between $4,000,000 and $5,000,000; and 
  3.20     (6) if the valuation exceeds $5,000,000, the surcharge is 
  3.21  $1,500 plus one-twentieth mill (.00005) of the value that 
  3.22  exceeds $5,000,000.  
  3.23     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.24  16B.76, subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
  3.26  advisory council consists of the following members: 
  3.27     (1) the commissioner of administration or the 
  3.28  commissioner's designee representing the department's building 
  3.29  codes and standards division; 
  3.30     (2) the commissioner of health or the commissioner's 
  3.31  designee representing an environmental health section of the 
  3.32  department; 
  3.33     (3) the commissioner of public safety or the commissioner's 
  3.34  designee representing the department's state fire marshal 
  3.35  division; 
  3.36     (4) the commissioner of commerce or the commissioner's 
  4.1   designee representing the department's state energy office; and 
  4.2      (5) one member representing each of the following 
  4.3   occupations or entities, appointed by the commissioner of 
  4.4   administration: 
  4.5      (i) a certified building official; 
  4.6      (ii) a fire service representative; 
  4.7      (iii) a licensed architect; 
  4.8      (iv) a licensed engineer; 
  4.9      (v) a building owners and managers representative; 
  4.10     (vi) a licensed residential building contractor; 
  4.11     (vii) a commercial building contractor; 
  4.12     (viii) a heating and ventilation contractor; 
  4.13     (ix) a plumbing contractor; 
  4.14     (x) a representative of a construction and building trades 
  4.15  union; and 
  4.16     (xi) a local unit of government representative; and 
  4.17     (xii) a homeowner who is a member of a residential consumer 
  4.18  advocacy organization. 
  4.19     (b) For members who are not state officials or employees, 
  4.20  terms, compensation, removal, and the filling of vacancies are 
  4.21  governed by section 15.059.  The council shall select one of its 
  4.22  members to serve as chair. 
  4.23     (c) The council expires June 30, 2003. 
  4.24     Sec. 4.  [ENERGY CODE.] 
  4.25     Notwithstanding Minnesota Statutes, section 16B.617, the 
  4.26  commissioner of administration, in consultation with the 
  4.27  construction codes advisory council, shall explore and review 
  4.28  the availability and appropriateness of any model energy codes 
  4.29  related to the construction of single one- and two-family 
  4.30  residential buildings.  In consultation with the council, the 
  4.31  commissioner shall take steps to adopt the chosen code with all 
  4.32  necessary and appropriate amendments. 
  4.33     The commissioner may not adopt all or part of a model 
  4.34  energy code relating to the construction of residential 
  4.35  buildings without research and analysis that addresses, at a 
  4.36  minimum, air quality, building durability, moisture, 
  5.1   enforcement, enforceability cost benefit, and liability.  The 
  5.2   research and analysis must be completed in cooperation with 
  5.3   practitioners in residential construction and building science.  
  5.4      Sec. 5.  [EFFECTIVE DATE.] 
  5.5      Section 1 is effective when the commissioner of 
  5.6   administration adopts appropriate provisions addressing 
  5.7   combustion air and make-up air in residential construction as 
  5.8   part of the mechanical code.  Sections 2 to 4 are effective the 
  5.9   day following final enactment.