Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 597-H.F.No. 2134 
           An act relating to energy; prescribing the method of 
          payment of petroleum tank release cleanup fees; 
          requiring persons who remove basement heating oil 
          storage tanks to remove fill and vent pipes to the 
          outside; changing the inspection fee for petroleum 
          products; imposing a fee on sales of liquefied 
          petroleum gas; requiring adoption of and compliance 
          with energy efficiency rules and standards; providing 
          for emergency energy assistance; excluding certain 
          items from market value for property tax purposes; 
          exempting certain items from the sales tax; regulating 
          the transfer of certain employees; appropriating money 
          to energy and conservation account for programs to 
          improve energy efficiency of residential oil-fired and 
          liquefied petroleum gas heating plants in low-income 
          households; amending Minnesota Statutes 1990, sections 
          115C.08, subdivision 3; 216C.19, subdivisions 1, 13, 
          and by adding subdivisions; 273.11, by adding a 
          subdivision; 297A.25, by adding a subdivision, 
          383C.044; Minnesota Statutes 1991 Supplement, sections 
          16B.61, subdivision 3; 239.78; and 299F.011, 
          subdivision 4c; 326.87, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapters 
          116; 239; and 268. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
16B.61, subdivision 3, is amended to read: 
    Subd. 3.  [SPECIAL REQUIREMENTS.] (a)  [SPACE FOR COMMUTER 
VANS.] The code must require that any parking ramp or other 
parking facility constructed in accordance with the code include 
an appropriate number of spaces suitable for the parking of 
motor vehicles having a capacity of seven to 16 persons and 
which are principally used to provide prearranged commuter 
transportation of employees to or from their place of employment 
or to or from a transit stop authorized by a local transit 
authority.  
    (b)  [SMOKE DETECTION DEVICES.] The code must require that 
all dwellings, lodging houses, apartment houses, and hotels as 
defined in section 299F.362 comply with the provisions of 
section 299F.362.  
    (c)  [DOORS IN NURSING HOMES AND HOSPITALS.] The state 
building code may not require that each door entering a sleeping 
or patient's room from a corridor in a nursing home or hospital 
with an approved complete standard automatic fire extinguishing 
system be constructed or maintained as self-closing or 
automatically closing.  
    (d)  [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 
EXIT.] A licensed day care center serving fewer than 30 
preschool age persons and which is located in a below ground 
space in a church building is exempt from the state building 
code requirement for a ground level exit when the center has 
more than two stairways to the ground level and its exit.  
     (e)  [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 
Until August 1, 1996, an organization providing child care in an 
existing church building which is exempt from taxation under 
section 272.02, subdivision 1, clause (5), shall have five years 
from the date of initial licensure under chapter 245A to provide 
interior vertical access, such as an elevator, to persons with 
disabilities as required by the state building code.  To obtain 
the extension, the organization providing child care must secure 
a $2,500 performance bond with the commissioner of human 
services to ensure that interior vertical access is achieved by 
the agreed upon date. 
     (f)  [FAMILY AND GROUP FAMILY DAY CARE.] The commissioner 
of administration shall establish a task force to determine 
occupancy standards specific and appropriate to family and group 
family day care homes and to examine hindrances to establishing 
day care facilities in rural Minnesota.  The task force must 
include representatives from rural and urban building code 
inspectors, rural and urban fire code inspectors, rural and 
urban county day care licensing units, rural and urban family 
and group family day care providers and consumers, child care 
advocacy groups, and the departments of administration, human 
services, and public safety. 
     By January 1, 1989, the commissioner of administration 
shall report the task force findings and recommendations to the 
appropriate legislative committees together with proposals for 
legislative action on the recommendations. 
     Until the legislature enacts legislation specifying 
appropriate standards, the definition of Group R-3 occupancies 
in the state building code applies to family and group family 
day care homes licensed by the department of human services 
under Minnesota Rules, chapter 9502. 
     (g)  [MINED UNDERGROUND SPACE.] Nothing in the state 
building codes shall prevent cities from adopting rules 
governing the excavation, construction, reconstruction, 
alteration, and repair of mined underground space pursuant to 
sections 469.135 to 469.141, or of associated facilities in the 
space once the space has been created, provided the intent of 
the building code to establish reasonable safeguards for health, 
safety, welfare, comfort, and security is maintained. 
     (h)  [ENCLOSED STAIRWAYS.] No provision of the code or any 
appendix chapter of the code may require stairways of existing 
multiple dwelling buildings of two stories or less to be 
enclosed. 
     (i)  [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the 
code or appendix chapter of the code may prohibit double 
cylinder dead bolt locks in existing single-family homes, 
townhouses, and first floor duplexes used exclusively as a 
residential dwelling.  Any recommendation or promotion of double 
cylinder dead bolt locks must include a warning about their 
potential fire danger and procedures to minimize the danger. 
    (j)  [RELOCATED RESIDENTIAL BUILDINGS.] A residential 
building relocated within or into a political subdivision of the 
state need not comply with the state energy code or section 
326.371 provided that, where available, an energy audit is 
conducted on the relocated building. 
    (k)  [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must 
require all residential buildings as defined in section 325F.82 
to comply with the provisions of sections 325F.82 and 325F.83.  
    (l)  [EXIT SIGN ILLUMINATION.] The code must prohibit the 
use of incandescent bulbs, except for battery-powered back-up 
bulbs, in internally illuminated exit signs whose electrical 
consumption during non-emergency operation exceeds 20 watts of 
resistive power with a maximum total power consumption of 40 
volt amperes (VA).  All other requirements in the code for exit 
signs must be complied with.  Power consumption in volt amperes 
is the resistive power divided by the power factor. 
     Sec. 2.  Minnesota Statutes 1990, section 115C.08, 
subdivision 3, is amended to read: 
    Subd. 3.  [PETROLEUM TANK RELEASE CLEANUP FEE.] A petroleum 
tank release cleanup fee is imposed on the use of tanks that 
contain petroleum products subject to the inspection fee charged 
in section 239.78.  The fee must be collected in the manner 
provided in sections 239.78 and 296.14 defined in section 
296.01.  On products other than gasoline, the fee must be paid 
in the manner provided in section 296.14 by the first licensed 
distributor receiving the product in Minnesota, as defined in 
section 296.01.  When the product is gasoline, the distributor 
responsible for payment of the gasoline tax is also responsible 
for payment of the petroleum tank cleanup fee.  The fee must be 
imposed as required under subdivision 3, at a rate of $10 per 
1,000 gallons of petroleum products as defined in section 
296.01, subdivision 2, rounded to the nearest 1,000 gallons.  A 
distributor who fails to pay the fee imposed under this section 
is subject to the penalties provided in section 296.15. 
    Sec. 3.  [116.492] [BASEMENT STORAGE TANKS; REMOVAL.] 
    A person who removes a basement heating oil storage tank 
shall ensure that fill and vent pipes through the basement wall 
to the outside are also removed or permanently sealed. 
     Sec. 4.  Minnesota Statutes 1990, section 216C.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  After consultation with the commissioner 
and the commissioner of public safety, the commissioner of 
transportation shall, pursuant to adopt rules under chapter 14, 
promulgate rules establishing maximum minimum energy use 
efficiency standards for street, highway, and parking lot 
lighting.  The standards shall must be consistent with overall 
protection of the public health, safety and welfare.  No new 
highway, street or parking lot lighting shall may be installed 
in violation of these rules and.  Existing lighting levels shall 
be reduced consistent with the rules as soon as feasible and 
practical, consistent with overall energy conservation lighting 
equipment, excluding roadway sign lighting, with lamps with 
initial efficiencies less than 70 lumens per watt must be 
replaced when worn out with light sources using lamps with 
initial efficiencies of at least 70 lumens per watt. 
    Sec. 5.  Minnesota Statutes 1990, section 216C.19, 
subdivision 13, is amended to read: 
    Subd. 13.  No new room air conditioner or room air 
conditioner heat pump shall be sold or installed or transported 
for resale into Minnesota unless it has an energy efficiency 
ratio of 7.0 or higher.  Beginning January 1, 1987, the energy 
efficiency ratio for room air conditioners with a 6,000 Btu per 
hour rating or higher must be 7.8 or higher.  For purposes of 
this subdivision, "energy efficiency ratio" means the ratio of 
the cooling capacity of the air conditioner in British thermal 
units per hour to the electrical input in watts.  The cooling 
capacity, electrical input, and energy efficiency ratio of room 
air conditioners and room air conditioning heat pumps is 
determined by using the standard for room air conditioners, 
approved by the American National Standards Institute on April 
20, 1982, known as ANSI/AHAM RAC-1, with ASHRAE 58-74 used in 
lieu of ASHRAE 58-65.  The method of sampling of room air 
conditioners shall be that required by the Department of Energy 
and found in 44 Federal Register 22410-22418 (April 13, 1979).  
A new room air conditioner having dual voltage ratings shall 
conform to the energy efficiency ratio requirements at each 
rating equal to or greater than the values adopted under 
subdivision 8. 
    Sec. 6.  Minnesota Statutes 1990, section 216C.19, is 
amended by adding a subdivision to read: 
    Subd. 16.  [LAMPS.] The commissioner shall adopt rules 
under chapter 14 setting minimum efficiency standards for 
specific incandescent lamps.  The rules must establish minimum 
efficiency standards for incandescent lamps of specific lamp 
type and wattage where an energy-saving substitute lamp is 
currently produced by at least two lamp manufacturers.  The 
rules must include, but not be limited to, the following lamps:  
40-watt A17 and A19 lamps, 60-watt A17 and A19 lamps, 75-watt 
A17 and A19 lamps, 100-watt A17 and A19 lamps, and 150-watt A21 
lamps, where each is a general-purpose incandescent lamp with 
rated voltage between 114 and 131 volts with diffuse coating.  
The minimum efficiency standard must be set to exceed the 
efficiency of the original lamp.  For incandescent lamps for 
which minimum standards have been established, no lamp may be 
sold in Minnesota unless it meets or exceeds the minimum 
efficiency standards adopted under this section. 
    Sec. 7.  Minnesota Statutes 1990, section 216C.19, is 
amended by adding a subdivision to read: 
    Subd. 17.  [MOTORS.] No motor covered by this subdivision, 
excluding those sold as part of an appliance, may be sold in 
Minnesota unless its nominal efficiency meets or exceeds the 
values adopted under subdivision 8. 
    Sec. 8.  Minnesota Statutes 1990, section 216C.19, is 
amended by adding a subdivision to read: 
    Subd. 18.  [COMMERCIAL HEATING, AIR CONDITIONING, AND 
VENTILATING EQUIPMENT.] (a) This subdivision applies to 
electrically operated unitary and packaged terminal air 
conditioners and heat pumps, electrically operated 
water-chilling packages, gas- and oil-fired boilers, and warm 
air furnaces and combination warm air furnaces and air 
conditioning units installed in buildings housing commercial or 
industrial operations. 
    (b) No commercial heating, air conditioning, or ventilating 
equipment covered by this subdivision may be sold or installed 
in Minnesota unless it meets or exceeds the minimum performance 
standards established by ASHRAE standard 90.1. 
    Sec. 9.  Minnesota Statutes 1990, section 216C.19, is 
amended by adding a subdivision to read: 
    Subd. 19.  [SHOWERHEADS; FAUCETS.] (a) No showerhead, other 
than a safety shower showerhead, may be sold or installed in 
Minnesota if it permits a maximum water use in excess of 2.5 
gallons per minute when measured at a flowing water pressure of 
80 pounds per square inch. 
    (b) No kitchen faucet or kitchen replacement aerator may be 
sold or installed in Minnesota if it permits a maximum water use 
in excess of 2.5 gallons per minute when measured at a flowing 
water pressure of 80 pounds per square inch. 
    (c) No lavatory faucet or lavatory replacement aerator may 
be sold or installed in Minnesota if it permits a maximum water 
use in excess of two gallons per minute when measured at a 
flowing water pressure of 80 pounds per square inch. 
    Sec. 10.  Minnesota Statutes 1990, section 216C.19, is 
amended by adding a subdivision to read: 
    Subd. 20.  [RULES.] The commissioner shall adopt rules to 
implement subdivisions 13 and 16 to 19, including rules 
governing testing of products covered by those sections.  The 
rules must make allowance for wholesalers, distributors, or 
retailers who have inventory or stock which was acquired prior 
to July 1, 1993.  The rules must consider appropriate efficiency 
requirements for motors used infrequently in agricultural and 
other applications. 
    Sec. 11.  Minnesota Statutes 1991 Supplement, section 
239.78, is amended to read: 
    239.78 [INSPECTION FEES.] 
    A person who owns petroleum products held in storage at a 
pipeline terminal, river terminal, or refinery shall pay an 
inspection fee of 75 85 cents for every 1,000 gallons sold or 
withdrawn from the terminal or refinery storage.  The revenue 
from the fee must cover the amounts appropriated for petroleum 
product quality inspection expenses, for the inspection and 
testing of petroleum product measuring devices as required by 
this chapter, and for petroleum supply monitoring under chapter 
216C. 
    The commissioner of revenue shall credit a person for 
inspection fees previously paid in error or for any material 
exported or sold for export from the state upon filing of a 
report in a manner approved by the department.  The commissioner 
of revenue may collect the inspection fees along with any taxes 
due under chapter 296. 
    Sec. 12.  [239.785] [LIQUEFIED PETROLEUM GAS SALES.] 
    The operator of a terminal that sells liquefied petroleum 
gas for resale to retail customers in this state shall pay a fee 
equal to one mill for each gallon of liquefied petroleum gas 
sold by the terminal.  The fee must be remitted monthly to the 
commissioner of revenue for deposit in the general fund. 
     Sec. 13.  [268.371] [EMERGENCY ENERGY ASSISTANCE; FUEL 
FUNDS.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
section apply to this section. 
    (a) "Commissioner" means the commissioner of the department 
of jobs and training. 
    (b) "Energy provider" means a person who provides heating 
fuel, including natural gas, electricity, fuel oil, propane, 
wood, or other form of heating fuel, to residences at retail. 
    (c) "Fuel fund" means a fund established by an energy 
provider, the state, or any other entity that collects and 
distributes money for low-income emergency energy assistance and 
meets the minimum criteria, including income eligibility 
criteria, for receiving money from the federal Low-Income Home 
Energy Assistance Program and the program's Incentive Fund for 
Leveraging Non-Federal Resources. 
    Subd. 2.  [ENERGY PROVIDERS; REQUIREMENT.] Each energy 
provider may solicit contributions from its energy customers for 
deposit in a fuel fund established by the energy provider, a 
fuel fund established by another energy provider or other 
entity, or the statewide fuel account established in subdivision 
3, for the purpose of providing emergency energy assistance to 
low-income households that qualify under the federal eligibility 
criteria of the federal Low-Income Home Energy Assistance 
Program.  Solicitation of contributions from customers may be 
made at least annually and may provide each customer an 
opportunity to contribute as part of payment of bills for 
provision of service or provide an alternate, convenient way for 
customers to contribute. 
    Subd. 3.  [STATEWIDE FUEL ACCOUNT; APPROPRIATION.] The 
commissioner shall establish a statewide fuel account.  The 
commissioner may develop and implement a program to solicit 
contributions, manage the receipts, and distribute emergency 
energy assistance to low-income households, as defined in the 
federal Low-Income Home Energy Assistance Program, on a 
statewide basis.  All money remitted to the commissioner for 
deposit in the statewide fuel account is appropriated to the 
commissioner for the purpose of developing and implementing the 
program.  No more than ten percent of the money received in the 
first two years of the program may be used for the 
administrative expenses of the commissioner to implement the 
program and no more than five percent of the money received in 
any subsequent year may be used for administration of the 
program. 
    Subd. 4.  [EMERGENCY ENERGY ASSISTANCE ADVISORY 
COUNCIL.] The commissioner shall appoint an advisory council to 
advise the commissioner on implementation of this section.  At 
least one-third of the advisory council must be composed of 
persons from households that are eligible for emergency energy 
assistance under the federal Low-Income Home Energy Assistance 
Program.  The remaining two-thirds of the advisory council must 
be composed of persons representing energy providers, customers, 
local energy assistance providers, existing fuel fund delivery 
agencies, and community action agencies.  Members of the 
advisory council may receive expenses, but no other 
compensation, as provided in section 15.059, subdivision 3.  
Appointment and removal of members is governed by section 15.059.
    Sec. 14.  Minnesota Statutes 1990, section 273.11, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [RESIDENTIAL FIRE-SAFETY SPRINKLER SYSTEMS.] For 
purposes of property taxation, the market value of automatic 
fire-safety sprinkler systems meeting the standards of the 
Minnesota fire code shall be excluded from the market value of 
(1) existing multifamily residential real estate containing four 
or more units and used or held for use by the owner or by the 
tenants or lessees of the owner as a residence and (2) existing 
real estate containing four or more contiguous residential units 
for use by customers of the owner, such as hotels, motels, and 
lodging houses. 
    Sec. 15.  Minnesota Statutes 1990, section 297A.25, is 
amended by adding a subdivision to read: 
    Subd. 51.  [AUTOMATIC FIRE-SAFETY SPRINKLER SYSTEMS.] The 
gross receipts from the sale of automatic fire-safety sprinkler 
systems described in section 273.11, subdivision 6a, are exempt. 
    Sec. 16.  Minnesota Statutes 1991 Supplement, section 
299F.011, subdivision 4c, is amended to read: 
    Subd. 4c.  [EXIT SIGN ILLUMINATION.] The uniform fire code 
must prohibit the use of incandescent bulbs, except for 
battery-powered back-up bulbs, in internally illuminated exit 
signs whose electrical consumption during non-emergency 
operation exceeds 20 watts of resistive power with a maximum 
total power consumption of 40 volt amperes (VA).  All other 
requirements in the code for exit signs must be complied with.  
Power consumption in volt amperes is the resistive power divided 
by the power factor. 
    Sec. 17.  Minnesota Statutes 1991 Supplement, section 
326.87, subdivision 1, is amended to read: 
    Subdivision 1.  [STANDARDS.] The commissioner, in 
consultation with the council, may adopt standards for 
continuing education requirements and course approval.  The 
standards must include requirements for continuing education in 
the implementation of energy codes applicable to buildings and 
other building codes designed to conserve energy.  Except for 
the course content, the standards must be consistent with the 
standards established for real estate agents and other 
professions licensed by the department of commerce. 
    Sec. 18.  Minnesota Statutes 1990, section 383C.044, is 
amended to read: 
    383C.044 [TRANSFER OF EMPLOYEES.] 
    The civil service director may at any time authorize the 
transfer of any employee in the classified service from one 
position to another position in the same class or grade and not 
otherwise; provided, however, that persons who are not members 
of the classified service under the provisions of sections 
383C.03 to 383C.059 shall not be entitled to transfer.  
Transfers shall be permitted only with the consent of the civil 
service director and the department concerned.  The civil 
service commission shall adopt rules to govern the transfer of 
an employee from a city to the county, when the employee is 
performing Community Development Block Grant services for the 
county pursuant to a contract between the city and county. 
    Sec. 19.  [DEADLINE FOR RULEMAKING.] 
    The rules required by section 10 must be in effect by the 
effective date of sections 5 to 9. 
    Sec. 20.  [APPROPRIATION.] 
    $496,000 is appropriated from the general fund to the 
energy and conservation account established in Minnesota 
Statutes, section 216B.241, subdivision 2a, to be available 
until June 30, 1993, for programs administered by the 
commissioner of public service or the commissioner of jobs and 
training to improve the energy efficiency of residential 
oil-fired heating plants in low-income households, and, when 
necessary, provide weatherization services to the homes. 
    Sec. 21.  [APPROPRIATION.] 
    Of the revenue received under section 12, $331,000 is 
appropriated from the general fund to the energy and 
conservation account established by Minnesota Statutes, section 
216B.241, subdivision 2a, to be available until June 30, 1993, 
for programs administered by the commissioner of public service 
or the commissioner of jobs and training to improve the energy 
efficiency of residential liquefied petroleum gas heating 
equipment in low-income households, and, when necessary, provide 
weatherization services to the homes. 
     Sec. 22.  [EFFECTIVE DATE.] 
    Sections 5 to 9 are effective July 1, 1993. 
     Sec. 23.  [EFFECTIVE DATE.] 
    Section 14 is effective for taxes levied in 1992, payable 
in 1993, and thereafter.  Section 15 is effective for sales 
after June 30, 1992. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:35 a.m.