SF 745

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 11:45am

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 cost; agency determination. new text end

new text begin 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. The
agency must make this determination before the close of the hearing record, or before the
agency submits the record to the administrative law judge if there is no hearing. 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 approval. new text end

new text begin (a) 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 disapproves the agency's determination that the impact
does not meet or exceed that threshold, 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 or disapproval.
new text end

new text begin (b) If a committee of either the house of representatives or senate with jurisdiction over
the subject matter of the proposed rule votes to advise an agency that the rule should not
be adopted as proposed, the agency may not adopt the rule unless the rule is approved by
a law enacted after the vote of the committee. Section 14.126, subdivision 2, applies to a
vote of a committee under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Severability. new text end

new text begin If the agency or an administrative law judge determines that part
of a proposed rule meets or exceeds the threshold provided in subdivision 2, but that a
severable portion of the proposed rule does not meet or exceed that threshold, the agency
may proceed to adopt the severable portions of the proposed rule regardless of whether a
legislative committee vote is conducted under subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to
administrative rules proposed on or after that date.
new text end