HF 1310

1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to construction; giving the state building 
  1.3             official final authority for interpreting the State 
  1.4             Building Code and prescribing its enforcement; 
  1.5             requiring municipalities to submit annual reports on 
  1.6             construction-related fees; regulating 
  1.7             construction-related fees; modifying provisions 
  1.8             relating to construction warranties; prohibiting 
  1.9             municipalities from requiring waivers of rights as a 
  1.10            condition for issuance of a construction-related 
  1.11            permit; modifying provisions relating to zoning 
  1.12            ordinances; amending Minnesota Statutes 2000, sections 
  1.13            16B.61, subdivisions 1, 2; 16B.62, subdivision 1; 
  1.14            16B.63, by adding a subdivision; 326.90, subdivision 
  1.15            1; 327A.01, subdivision 2; 327A.02, subdivisions 1, 3; 
  1.16            462.351; 462.352, by adding a subdivision; 462.353, 
  1.17            subdivision 4; 462.357, subdivisions 1, 2, 5; 
  1.18            proposing coding for new law in Minnesota Statutes, 
  1.19            chapters 16B; 462. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2000, section 16B.61, 
  1.22  subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [ADOPTION OF CODE.] Subject to sections 
  1.24  16B.59 to 16B.75, the commissioner shall by rule establish a 
  1.25  code of standards for the construction, reconstruction, 
  1.26  alteration, and repair of buildings, governing matters of 
  1.27  structural materials, design and construction, fire protection, 
  1.28  health, sanitation, and safety, including design and 
  1.29  construction standards regarding heat loss control, 
  1.30  illumination, and climate control.  The code must conform 
  1.31  insofar as practicable to model building codes generally 
  1.32  accepted and in use throughout the United States, including a 
  2.1   code for building conservation.  In the preparation of the code, 
  2.2   consideration must be given to the existing statewide specialty 
  2.3   codes presently in use in the state.  Model codes with necessary 
  2.4   modifications and statewide specialty codes may be adopted by 
  2.5   reference.  The code must be based on the application of 
  2.6   scientific principles, approved tests, and professional 
  2.7   judgment.  To the extent possible, the code must be adopted in 
  2.8   terms of desired results instead of the means of achieving those 
  2.9   results, avoiding wherever possible the incorporation of 
  2.10  specifications of particular methods or materials.  To that end 
  2.11  the code must encourage the use of new methods and new 
  2.12  materials.  Except as otherwise provided in sections 16B.59 to 
  2.13  16B.75, the commissioner shall administer and enforce the 
  2.14  provisions of those sections. 
  2.15     The commissioner shall develop rules addressing the plan 
  2.16  review fee assessed to similar buildings without significant 
  2.17  modifications including provisions for use of building systems 
  2.18  as specified in the industrial/modular program specified in 
  2.19  section 16B.75.  Additional plan review fees associated with 
  2.20  similar plans must be based on costs commensurate with the 
  2.21  direct and indirect costs of the service. 
  2.22     Sec. 2.  Minnesota Statutes 2000, section 16B.61, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [ENFORCEMENT BY CERTAIN BODIES.] Under the 
  2.25  direction and supervision of the commissioner, the provisions of 
  2.26  the code relating to electrical installations shall be enforced 
  2.27  by the state board of electricity, pursuant to the Minnesota 
  2.28  Electrical Act, the provisions relating to plumbing shall be 
  2.29  enforced by the commissioner of health, the provisions relating 
  2.30  to high pressure steam piping and appurtenances shall be 
  2.31  enforced by the department of labor and industry.  Fees for 
  2.32  inspections conducted by the state board of electricity shall be 
  2.33  paid in accordance with the rules of the state board of 
  2.34  electricity.  Under direction of the commissioner of public 
  2.35  safety, the state fire marshal shall enforce the Minnesota 
  2.36  Uniform Fire Code as provided in chapter 299F.  The 
  3.1   commissioner, in consultation with the commissioner of labor and 
  3.2   industry, shall adopt amendments to the mechanical code portion 
  3.3   of the State Building Code to implement standards for process 
  3.4   piping. 
  3.5      [EFFECTIVE DATE.] This section is effective the day 
  3.6   following final enactment. 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 16B.62, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [MUNICIPAL ENFORCEMENT.] The State Building 
  3.10  Code applies statewide and supersedes the building code of any 
  3.11  municipality.  A municipality must not by ordinance or through 
  3.12  development agreement require building code provisions 
  3.13  regulating components or systems of any residential structure 
  3.14  that are different from any provision of the State Building 
  3.15  Code.  A municipality may, with the approval of the state 
  3.16  building official, adopt an ordinance that is more restrictive 
  3.17  than the State Building Code where geological conditions warrant 
  3.18  a more restrictive ordinance.  A municipality may appeal the 
  3.19  disapproval of a more restrictive ordinance to the 
  3.20  commissioner.  An appeal under this subdivision is subject to 
  3.21  the schedule, fee, procedures, cost provisions, and appeal 
  3.22  rights set out in section 16B.67.  The State Building Code does 
  3.23  not apply to agricultural buildings except with respect to state 
  3.24  inspections required or rulemaking authorized by sections 
  3.25  103F.141, 216C.19, subdivision 8, and 326.244.  All 
  3.26  municipalities shall adopt and enforce the State Building Code 
  3.27  with respect to new construction within their respective 
  3.28  jurisdictions.  
  3.29     If a city has adopted or is enforcing the State Building 
  3.30  Code on June 3, 1977, or determines by ordinance after that date 
  3.31  to undertake enforcement, it shall enforce the code within the 
  3.32  city.  A city may by ordinance extend the enforcement of the 
  3.33  code to contiguous unincorporated territory not more than two 
  3.34  miles distant from its corporate limits in any direction.  Where 
  3.35  two or more noncontiguous cities which have elected to enforce 
  3.36  the code have boundaries less than four miles apart, each is 
  4.1   authorized to enforce the code on its side of a line equidistant 
  4.2   between them.  Once enforcement authority is extended 
  4.3   extraterritorially by ordinance, the authority may continue to 
  4.4   be exercised in the designated territory even though another 
  4.5   city less than four miles distant later elects to enforce the 
  4.6   code.  After the extension, the city may enforce the code in the 
  4.7   designated area to the same extent as if the property were 
  4.8   situated within its corporate limits.  
  4.9      A city which, on June 3, 1977, had not adopted the code may 
  4.10  not commence enforcement of the code within or outside of its 
  4.11  jurisdiction until it has provided written notice to the 
  4.12  commissioner, the county auditor, and the town clerk of each 
  4.13  town in which it intends to enforce the code.  A public hearing 
  4.14  on the proposed enforcement must be held not less than 30 days 
  4.15  after the notice has been provided.  Enforcement of the code by 
  4.16  the city outside of its jurisdiction commences on the first day 
  4.17  of January in the year following the notice and hearing.  
  4.18     Municipalities may provide for the issuance of permits, 
  4.19  inspection, and enforcement within their jurisdictions by means 
  4.20  which are convenient, and lawful, including by means of 
  4.21  contracts with other municipalities pursuant to section 471.59, 
  4.22  and with qualified individuals.  The other municipalities or 
  4.23  qualified individuals may be reimbursed by retention or 
  4.24  remission of some or all of the building permit fee collected or 
  4.25  by other means.  In areas of the state where inspection and 
  4.26  enforcement is unavailable from qualified employees of 
  4.27  municipalities, the commissioner shall train and designate 
  4.28  individuals available to carry out inspection and enforcement on 
  4.29  a fee basis.  Nothing in this section prohibits a municipality 
  4.30  from adopting ordinances relating to zoning, subdivision, or 
  4.31  planning unless the ordinance conflicts with a provision of the 
  4.32  State Building Code that regulates components or systems of any 
  4.33  residential structure. 
  4.34     Sec. 4.  Minnesota Statutes 2000, section 16B.63, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 5.  [INTERPRETATIVE AUTHORITY.] To achieve uniform 
  5.1   and consistent application of the State Building Code, the state 
  5.2   building official has final interpretative authority applicable 
  5.3   to all codes adopted as part of the State Building Code except 
  5.4   for the plumbing code and the electrical code when enforced by 
  5.5   the state board of electricity.  A final interpretative 
  5.6   committee composed of seven members, consisting of three 
  5.7   building officials, two inspectors from the affected field, and 
  5.8   two construction industry representatives, shall review requests 
  5.9   for final interpretations relating to that field.  A request for 
  5.10  final interpretation must come from a local or state level 
  5.11  building code board of appeals.  The state building official 
  5.12  must establish procedures for membership of the interpretative 
  5.13  committees.  The appropriate committee shall review the request 
  5.14  and make a recommendation to the state building official for the 
  5.15  final interpretation within 30 days of the request.  The state 
  5.16  building official must issue an interpretation within ten 
  5.17  business days from the recommendation from the review 
  5.18  committee.  A final interpretation may be appealed within 30 
  5.19  days of its issuance to the commissioner under section 16B.67.  
  5.20  The final interpretation must be published within ten business 
  5.21  days of its issuance and made available to the public.  
  5.22  Municipal building officials shall administer all final 
  5.23  interpretations issued by the state building official until the 
  5.24  final interpretations are considered for adoption as part of the 
  5.25  State Building Code. 
  5.26     Sec. 5.  [16B.665] [PERMIT FEE LIMITATION ON MINOR 
  5.27  RESIDENTIAL IMPROVEMENTS.] 
  5.28     A municipality as defined in section 16B.60, subdivision 3, 
  5.29  or a town may not charge a permit fee that exceeds $15 or 5 
  5.30  percent of the cost of the improvement, installation, or 
  5.31  replacement, whichever is greater, for the improvement, 
  5.32  installation, or replacement of a residential fixture or 
  5.33  appliance that: 
  5.34     (1) does not require modification to electric or gas 
  5.35  service; 
  5.36     (2) has a total cost of $500 or less, excluding the cost of 
  6.1   the fixture or appliance; and 
  6.2      (3) is improved, installed, or replaced by the home owner 
  6.3   or a licensed contractor. 
  6.4      Sec. 6.  [16B.685] [ANNUAL REPORT.] 
  6.5      Beginning with the first report filed by April 1, 2003, 
  6.6   each municipality shall annually report by April 1 to the 
  6.7   department, in a format prescribed by the department, all 
  6.8   construction and development-related fees collected by the 
  6.9   municipality from developers, builders, and subcontractors.  The 
  6.10  report must include: 
  6.11     (1) the number and valuation of units for which fees were 
  6.12  paid; 
  6.13     (2) the amount of building permit fees, plan review fees, 
  6.14  administrative fees, engineering fees, infrastructure fees, and 
  6.15  other construction and development-related fees; and 
  6.16     (3) the expenses associated with the municipal activities 
  6.17  for which fees were collected. 
  6.18     Sec. 7.  Minnesota Statutes 2000, section 326.90, 
  6.19  subdivision 1, is amended to read: 
  6.20     Subdivision 1.  [LOCAL LICENSE PROHIBITED.] Except as 
  6.21  provided in sections 326.991 and 326.90, subdivision 2, and 
  6.22  326.991, a political subdivision may not require a person 
  6.23  licensed under sections 326.83 to 326.991 to also be licensed or 
  6.24  pay a registration or other fee related to licensure under any 
  6.25  ordinance, law, rule, or regulation of the political 
  6.26  subdivision.  This section does not prohibit charges for 
  6.27  building permits or other charges not directly related to 
  6.28  licensure. 
  6.29     Sec. 8.  Minnesota Statutes 2000, section 327A.01, 
  6.30  subdivision 2, is amended to read: 
  6.31     Subd. 2.  [BUILDING STANDARDS.] "Building standards" means 
  6.32  the structural, mechanical, electrical, and quality standards of 
  6.33  the home building industry for the geographic area in which the 
  6.34  dwelling is situated State Building Code, adopted by the 
  6.35  commissioner of administration pursuant to sections 16B.59 to 
  6.36  16B.75, that are in effect at the time of the construction or 
  7.1   remodeling. 
  7.2      Sec. 9.  Minnesota Statutes 2000, section 327A.02, 
  7.3   subdivision 1, is amended to read: 
  7.4      Subdivision 1.  [WARRANTIES BY VENDORS.] In every sale of a 
  7.5   completed dwelling, and in every contract for the sale of a 
  7.6   dwelling to be completed, the vendor shall warrant to the vendee 
  7.7   that: 
  7.8      (a) during the one-year period from and after the warranty 
  7.9   date the dwelling shall be free from defects caused by faulty 
  7.10  workmanship and defective materials due to noncompliance with 
  7.11  building standards; 
  7.12     (b) during the two-year period from and after the warranty 
  7.13  date, the dwelling shall be free from defects caused by faulty 
  7.14  installation of plumbing, electrical, heating, and cooling 
  7.15  systems due to noncompliance with building standards; and 
  7.16     (c) during the ten-year period from and after the warranty 
  7.17  date, the dwelling shall be free from major construction defects 
  7.18  due to noncompliance with building standards. 
  7.19     Sec. 10.  Minnesota Statutes 2000, section 327A.02, 
  7.20  subdivision 3, is amended to read: 
  7.21     Subd. 3.  [HOME IMPROVEMENT WARRANTIES.] (a) In a sale or 
  7.22  in a contract for the sale of home improvement work involving 
  7.23  major structural changes or additions to a residential building, 
  7.24  the home improvement contractor shall warrant to the owner that: 
  7.25     (1) during the one-year period from and after the warranty 
  7.26  date the home improvement shall be free from defects caused by 
  7.27  faulty workmanship and defective materials due to noncompliance 
  7.28  with building standards; and 
  7.29     (2) during the ten-year period from and after the warranty 
  7.30  date the home improvement shall be free from major construction 
  7.31  defects due to noncompliance with building standards.  
  7.32     (b) In a sale or in a contract for the sale of home 
  7.33  improvement work involving the installation of plumbing, 
  7.34  electrical, heating or cooling systems, the home improvement 
  7.35  contractor shall warrant to the owner that, during the two-year 
  7.36  period from and after the warranty date, the home improvement 
  8.1   shall be free from defects caused by the faulty installation of 
  8.2   the system or systems due to noncompliance with building 
  8.3   standards.  
  8.4      (c) In a sale or in a contract for the sale of any home 
  8.5   improvement work not covered by paragraph (a) or (b), the home 
  8.6   improvement contractor shall warrant to the owner that, during 
  8.7   the one-year period from and after the warranty date, the home 
  8.8   improvement shall be free from defects caused by faulty 
  8.9   workmanship or defective materials due to noncompliance with 
  8.10  building standards.  
  8.11     Sec. 11.  Minnesota Statutes 2000, section 462.351, is 
  8.12  amended to read: 
  8.13     462.351 [MUNICIPAL PLANNING AND DEVELOPMENT; STATEMENT OF 
  8.14  POLICY.] 
  8.15     The legislature finds that municipalities are faced with 
  8.16  mounting problems in providing means of guiding future 
  8.17  development of land so as to insure a safer, more pleasant and 
  8.18  more economical environment for residential, commercial, 
  8.19  industrial and public activities, to preserve agricultural and 
  8.20  other open lands, and to promote the public health, safety, and 
  8.21  general welfare.  Municipalities can prepare for anticipated 
  8.22  changes and by such preparations bring about significant savings 
  8.23  in both private and public expenditures.  Municipal planning, by 
  8.24  providing public guides to future municipal action, enables 
  8.25  other public and private agencies to plan their activities in 
  8.26  harmony with the municipality's plans.  Municipal planning will 
  8.27  assist in developing lands more wisely to serve citizens more 
  8.28  effectively, will make the provision of public services less 
  8.29  costly, and will achieve a more secure tax base, and will 
  8.30  provide for an adequate supply of affordable housing.  It is the 
  8.31  purpose of sections 462.351 to 462.364 to provide 
  8.32  municipalities, in a single body of law, with the necessary 
  8.33  powers and a uniform procedure for adequately conducting and 
  8.34  implementing municipal planning. 
  8.35     Sec. 12.  Minnesota Statutes 2000, section 462.352, is 
  8.36  amended by adding a subdivision to read: 
  9.1      Subd. 19.  [AFFORDABLE HOUSING.] "Affordable housing" means 
  9.2   housing that is affordable to persons and families whose income 
  9.3   does not exceed 80 percent of the greater of state median 
  9.4   income, or area or county median income as determined by the 
  9.5   United States Department of Housing and Urban Development, or as 
  9.6   defined by the municipality. 
  9.7      Sec. 13.  Minnesota Statutes 2000, section 462.353, 
  9.8   subdivision 4, is amended to read: 
  9.9      Subd. 4.  [FEES.] A municipality may prescribe fees 
  9.10  sufficient to defray the costs incurred by it in reviewing, 
  9.11  investigating, and administering an application for an amendment 
  9.12  to an official control established pursuant to sections 462.351 
  9.13  to 462.364 or an application for a permit or other approval 
  9.14  required under an official control established pursuant to those 
  9.15  sections.  Fees as prescribed shall must be by ordinance and 
  9.16  must be fair, reasonable, and proportionate to the actual cost 
  9.17  of the service for which the fee is imposed.  A municipality 
  9.18  shall adopt management and accounting procedures to ensure that 
  9.19  fees are maintained and used only for the purpose for which they 
  9.20  are collected. 
  9.21     If a dispute arises over a specific fee imposed by a 
  9.22  municipality related to a specific application, the amount of 
  9.23  the fee must be deposited and held in escrow, and the person 
  9.24  aggrieved by the fee may appeal under section 462.361.  An 
  9.25  approved application may proceed as if the fee had been paid, 
  9.26  pending a decision on the appeal.  
  9.27     Sec. 14.  [462.3531] [WAIVER OF RIGHTS.] 
  9.28     Any waiver of rights of appeal under section 429.081 is 
  9.29  effective only for the amount of assessment estimated or for the 
  9.30  assessment amount agreed to in the development agreement.  An 
  9.31  effective waiver of rights of appeal under section 429.081 may 
  9.32  contain additional conditions providing for increases in 
  9.33  assessments that will not be subject to appeal if: 
  9.34     (1) the increases are a result of requests made by the 
  9.35  developer or property owner; or 
  9.36     (2) the increases are otherwise approved by the developer 
 10.1   or property owner in a subsequent separate written document. 
 10.2      Sec. 15.  Minnesota Statutes 2000, section 462.357, 
 10.3   subdivision 1, is amended to read: 
 10.4      Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
 10.5   promoting the public health, safety, morals, and general 
 10.6   welfare, a municipality may by ordinance regulate on the earth's 
 10.7   surface, in the air space above the surface, and in subsurface 
 10.8   areas, the location, height, width, bulk, type of foundation, 
 10.9   number of stories, size of buildings and other structures, the 
 10.10  percentage of lot which may be occupied, the development of 
 10.11  affordable housing, the size of yards and other open spaces, the 
 10.12  density and distribution of population, the uses of buildings 
 10.13  and structures for trade, industry, residence, recreation, 
 10.14  public activities, or other purposes, and the uses of land for 
 10.15  trade, industry, residence, recreation, agriculture, forestry, 
 10.16  soil conservation, water supply conservation, conservation of 
 10.17  shorelands, as defined in sections 103F.201 to 103F.221, access 
 10.18  to direct sunlight for solar energy systems as defined in 
 10.19  section 216C.06, flood control or other purposes, and may 
 10.20  establish standards and procedures regulating such uses.  To 
 10.21  accomplish these purposes, official controls may include 
 10.22  provision for purchase of development rights by the governing 
 10.23  body in the form of conservation easements under chapter 84C in 
 10.24  areas where the governing body considers preservation desirable 
 10.25  and the transfer of development rights from those areas to areas 
 10.26  the governing body considers more appropriate for development.  
 10.27  No regulation may prohibit earth sheltered construction as 
 10.28  defined in section 216C.06, subdivision 2, relocated residential 
 10.29  buildings, or manufactured homes built in conformance with 
 10.30  sections 327.31 to 327.35 that comply with all other zoning 
 10.31  ordinances promulgated pursuant to this section.  The 
 10.32  regulations may divide the surface, above surface, and 
 10.33  subsurface areas of the municipality into districts or zones of 
 10.34  suitable numbers, shape, and area.  The regulations shall be 
 10.35  uniform for each class or kind of buildings, structures, or land 
 10.36  and for each class or kind of use throughout such district, but 
 11.1   the regulations in one district may differ from those in other 
 11.2   districts.  The ordinance embodying these regulations shall be 
 11.3   known as the zoning ordinance and shall consist of text and 
 11.4   maps.  A city may by ordinance extend the application of its 
 11.5   zoning regulations to unincorporated territory located within 
 11.6   two miles of its limits in any direction, but not in a county or 
 11.7   town which has adopted zoning regulations; provided that where 
 11.8   two or more noncontiguous municipalities have boundaries less 
 11.9   than four miles apart, each is authorized to control the zoning 
 11.10  of land on its side of a line equidistant between the two 
 11.11  noncontiguous municipalities unless a town or county in the 
 11.12  affected area has adopted zoning regulations.  Any city may 
 11.13  thereafter enforce such regulations in the area to the same 
 11.14  extent as if such property were situated within its corporate 
 11.15  limits, until the county or town board adopts a comprehensive 
 11.16  zoning regulation which includes the area. 
 11.17     Sec. 16.  Minnesota Statutes 2000, section 462.357, 
 11.18  subdivision 2, is amended to read: 
 11.19     Subd. 2.  [GENERAL REQUIREMENTS.] (a) At any time after the 
 11.20  adoption of a land use plan for the municipality, the planning 
 11.21  agency, for the purpose of carrying out the policies and goals 
 11.22  of the land use plan, may prepare a proposed zoning ordinance 
 11.23  and submit it to the governing body with its recommendations for 
 11.24  adoption. 
 11.25     (b) Subject to the requirements of subdivisions 3, 4, and 
 11.26  5, the governing body may adopt and amend a zoning ordinance by 
 11.27  a majority vote of all its members.  The adoption or amendment 
 11.28  of any portion of a zoning ordinance which changes all or part 
 11.29  of the existing classification of a zoning district from 
 11.30  residential to either commercial or industrial requires a 
 11.31  two-thirds majority vote of all its members of the governing 
 11.32  body. 
 11.33     (c) The land use plan must provide guidelines for the 
 11.34  timing and sequence of the adoption of official controls to 
 11.35  ensure planned, orderly, and staged development and 
 11.36  redevelopment consistent with the land use plan. 
 12.1      Sec. 17.  Minnesota Statutes 2000, section 462.357, 
 12.2   subdivision 5, is amended to read: 
 12.3      Subd. 5.  [AMENDMENT; CERTAIN CITIES OF THE FIRST CLASS.] 
 12.4   The provisions of this subdivision apply to cities the adoption 
 12.5   or amendment of any portion of a zoning ordinance which changes 
 12.6   all or part of the existing classification of a zoning district 
 12.7   from residential to either commercial or industrial of a 
 12.8   property located in a city of the first class, except a city of 
 12.9   the first class in which a different process is provided through 
 12.10  the operation of the city's home rule charter.  In a city to 
 12.11  which this subdivision applies, amendments to a zoning ordinance 
 12.12  shall be made in conformance with this section but only after 
 12.13  there shall have been filed in the office of the city clerk a 
 12.14  written consent of the owners of two-thirds of the several 
 12.15  descriptions of real estate situate within 100 feet of the total 
 12.16  contiguous descriptions of real estate held by the same owner or 
 12.17  any party purchasing any such contiguous property within one 
 12.18  year preceding the request, and after the affirmative vote in 
 12.19  favor thereof by a majority of the members of the governing body 
 12.20  of any such city.  The governing body of such city may, by a 
 12.21  two-thirds vote of its members, after hearing, adopt a new 
 12.22  zoning ordinance without such written consent whenever the 
 12.23  planning commission or planning board of such city shall have 
 12.24  made a survey of the whole area of the city or of an area of not 
 12.25  less than 40 acres, within which the new ordinance or the 
 12.26  amendments or alterations of the existing ordinance would take 
 12.27  effect when adopted, and shall have considered whether the 
 12.28  number of descriptions of real estate affected by such changes 
 12.29  and alterations renders the obtaining of such written consent 
 12.30  impractical, and such planning commission or planning board 
 12.31  shall report in writing as to whether in its opinion the 
 12.32  proposals of the governing body in any case are reasonably 
 12.33  related to the overall needs of the community, to existing land 
 12.34  use, or to a plan for future land use, and shall have conducted 
 12.35  a public hearing on such proposed ordinance, changes or 
 12.36  alterations, of which hearing published notice shall have been 
 13.1   given in a daily newspaper of general circulation at least once 
 13.2   each week for three successive weeks prior to such hearing, 
 13.3   which notice shall state the time, place and purpose of such 
 13.4   hearing, and shall have reported to the governing body of the 
 13.5   city its findings and recommendations in writing. 
 13.6      Sec. 18.  [CONSTRUCTION CODES ADVISORY COUNCIL; TECHNICAL 
 13.7   ADVISORY GROUP.] 
 13.8      Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The construction 
 13.9   codes advisory council created under Minnesota Statutes, section 
 13.10  16B.76, shall establish a technical advisory group to study and 
 13.11  make recommendations on model development and redevelopment 
 13.12  ordinances for adoption by local jurisdictions.  The purpose of 
 13.13  the advisory group is to recommend ways that local governments 
 13.14  may simplify and reduce the cost of redevelopment in fully 
 13.15  developed areas and mixed-use and compact new development.  The 
 13.16  advisory group shall: 
 13.17     (1) examine current laws, codes, rules, and standards 
 13.18  relating to redevelopment and mixed-use new development; 
 13.19     (2) review development codes implemented in other states 
 13.20  and evaluate the feasibility of implementing such provisions in 
 13.21  Minnesota; 
 13.22     (3) recommend steps that state agencies may take to 
 13.23  encourage adoption and implementation of these model development 
 13.24  ordinances; and 
 13.25     (4) draft model ordinances that include, but are not 
 13.26  limited to, standards relating to building height, building 
 13.27  setbacks, lot size, density, bulk and scale, street widths, 
 13.28  sustainable streets, parking requirements, and open space and 
 13.29  landscaping. 
 13.30     Subd. 2.  [MEMBERSHIP.] In addition to the members of the 
 13.31  construction codes advisory council, the council may appoint the 
 13.32  following persons to serve on the advisory group established 
 13.33  under subdivision 1: 
 13.34     (1) the director of the strategic and long-range planning 
 13.35  office or the director's designee; 
 13.36     (2) the commissioner of the housing finance agency or the 
 14.1   commissioner's designee; 
 14.2      (3) the chair of the metropolitan council or the chair's 
 14.3   designee; 
 14.4      (4) a local planning official; 
 14.5      (5) in consultation with the association of metropolitan 
 14.6   municipalities, league of cities, Minnesota association of 
 14.7   townships, and league of small cities, four representatives of 
 14.8   local units of government, which may include mayors, city 
 14.9   council members, directors of economic or housing development 
 14.10  authorities, and local planning officials; 
 14.11     (6) one member appointed by the speaker of the house of 
 14.12  representatives, one member appointed by the minority leader of 
 14.13  the house of representatives, one member of the majority caucus 
 14.14  of the senate, and one member of a minority caucus of the 
 14.15  senate, appointed by the subcommittee on committees of the 
 14.16  senate committee on rules and administration; and 
 14.17     (7) other interested persons, not to exceed 15 persons, as 
 14.18  deemed appropriate and necessary by the commissioner of the 
 14.19  housing finance agency. 
 14.20     Subd. 3.  [REPORT.] By December 1, 2002, the advisory group 
 14.21  shall report its findings and recommendations to the governor 
 14.22  and the legislature.  The advisory group may recommend changes 
 14.23  in laws or rules to promote adoption of the model development 
 14.24  ordinances.  The advisory group may establish subcommittees to 
 14.25  facilitate its work.  If the advisory group establishes 
 14.26  subcommittees it shall include in their membership 
 14.27  representation from entities and organizations expressing an 
 14.28  interest in membership.  The council shall maintain a list of 
 14.29  interested entities and organizations. 
 14.30     Subd. 4.  [STAFF.] The housing finance agency, metropolitan 
 14.31  council, and the strategic and long-range planning office, shall 
 14.32  provide necessary staff and administrative support to the 
 14.33  advisory group. 
 14.34     Sec. 19.  [EXPIRATION.] 
 14.35     Section 18 expires December 1, 2002. 
 14.36     Sec. 20.  [EFFECTIVE DATE.] 
 15.1      Sections 8 to 12 and 15 to 19 are effective the day 
 15.2   following final enactment.