HF 3044

as introduced - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:31pm

A bill for an act
relating to administrative rulemaking; requiring agencies to determine the impact
of a proposed rule on the cost of residential construction or remodeling; requiring
notice to the applicable legislative committees; permitting a legislative committee
to require approval of a rule by law; proposing coding for new law in Minnesota
Statutes, chapter 14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [14.1275] RULES IMPACTING RESIDENTIAL CONSTRUCTION OR
REMODELING; LEGISLATIVE NOTICE AND REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "residential construction" means the
new construction or remodeling of any building subject to the Minnesota Residential Code.
new text end

new text begin Subd. 2. new text end

new text begin Impact on housing; agency determination. new text end

new text begin (a) An agency must determine if
implementation of a proposed rule, or any portion of a proposed rule, will, on average,
increase the cost of residential construction or remodeling by $1,000 or more per unit, and
whether the proposed rule meets the state regulatory policy objectives described in section
14.002. In calculating the cost of implementing a proposed rule, the agency may consider
the impact of other related proposed rules on the overall cost of residential construction. If
applicable, the agency may include offsetting savings that may be achieved through
implementation of related proposed rules in its calculation under this subdivision.
new text end

new text begin (b) The agency must make the determination required by paragraph (a) before the close
of the hearing record, or before the agency submits the record to the administrative law
judge if there is no hearing. Upon request of a party affected by the proposed rule, the
administrative law judge must review and approve or disapprove an agency's determination
under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Notice to legislature; legislative review. new text end

new text begin If the agency determines that the
impact of a proposed rule meets or exceeds the cost threshold provided in subdivision 2, or
if the administrative law judge separately confirms the cost of any portion of a rule exceeds
the cost threshold provided in subdivision 2, the agency must notify, in writing, the chair
and ranking minority members of the policy committees of the house of representatives and
the senate with jurisdiction over the subject matter of the proposed rule within ten days of
the determination. The agency shall not adopt the proposed rule until after the adjournment
of the next session of the legislature convened on or after the date that notice required in
this subdivision is given to the chairs and ranking minority members.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to
administrative rules proposed on or after that date.
new text end