1.1 	A bill for an act
1.2 	relating to the State Building Code; allowing a municipality to adopt the most 
1.3 	recently published new model commercial energy code;amending Minnesota 
1.4 	Statutes 2020, section 326B.106, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2020, section 326B.106, subdivision 1, is amended to read:
1.7 		Subdivision 1.Adoption of code. (a) Subject to paragraphs (c) and (d) and sections 
1.8 	326B.101 to 326B.194, the commissioner shall by rule and in consultation with the 
1.9 	Construction Codes Advisory Council establish a code of standards for the construction, 
1.10 	reconstruction, alteration, and repair of buildings, governing matters of structural materials, 
1.11 	design and construction, fire protection, health, sanitation, and safety, including design and 
1.12 	construction standards regarding heat loss control, illumination, and climate control. The 
1.13 	code must also include duties and responsibilities for code administration, including 
1.14 	procedures for administrative action, penalties, and suspension and revocation of certification. 
1.15 	The code must conform insofar as practicable to model building codes generally accepted 
1.16 	and in use throughout the United States, including a code for building conservation. In the 
1.17 	preparation of the code, consideration must be given to the existing statewide specialty 
1.18 	codes presently in use in the state. Model codes with necessary modifications and statewide 
1.19 	specialty codes may be adopted by reference. The code must be based on the application 
1.20 	of scientific principles, approved tests, and professional judgment. To the extent possible, 
1.21 	the code must be adopted in terms of desired results instead of the means of achieving those 
1.22 	results, avoiding wherever possible the incorporation of specifications of particular methods 
1.23 	or materials. To that end the code must encourage the use of new methods and new materials. 
2.1 	Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall 
2.2 	administer and enforce the provisions of those sections.
2.3 	(b) The commissioner shall develop rules addressing the plan review fee assessed to 
2.4 	similar buildings without significant modifications including provisions for use of building 
2.5 	systems as specified in the industrial/modular program specified in section 326B.194. 
2.6 	Additional plan review fees associated with similar plans must be based on costs 
2.7 	commensurate with the direct and indirect costs of the service.
2.8 	(c) Beginning with the 2018 edition of the model building codes and every six years 
2.9 	thereafter, the commissioner shall review the new model building codes and adopt the model 
2.10 	codes as amended for use in Minnesota, within two years of the published edition date. The 
2.11 	commissioner may adopt amendments to the building codes prior to the adoption of the 
2.12 	new building codes to advance construction methods, technology, or materials, or, where 
2.13 	necessary to protect the health, safety, and welfare of the public, or to improve the efficiency 
2.14 	or the use of a building.
2.15 	(d) Notwithstanding paragraph (c), the commissioner shall act on each new model 
2.16 	residential energy code and the new model commercial energy code in accordance with 
2.17 	federal law for which the United States Department of Energy has issued an affirmative 
2.18 	determination in compliance with United States Code, title 42, section 6833. A municipality 
2.19 	may adopt the most recently published new model commercial energy code ASHRAE 90.1 
2.20 	until such time that a more energy efficient code is adopted by the commissioner. A 
2.21 	municipality must not amend or otherwise change any provision of the most recent ASHRAE 
2.22 	90.1 standard except that a municipality must adopt amendments to the previous version of 
2.23 	ASHRAE 90.1 in the current commercial energy code adopted by the commissioner. The 
2.24 	commissioner may adopt amendments prior to adoption of the new energy codes, as amended 
2.25 	for use in Minnesota, to advance construction methods, technology, or materials, or, where 
2.26 	necessary to protect the health, safety, and welfare of the public, or to improve the efficiency 
2.27 	or use of a building. The commissioner of commerce may consider energy code support 
2.28 	measures for inclusion in technical guidance as described in section 216B.241, subdivision 
2.29 	1d.

2.30 	EFFECTIVE DATE. This section is effective the day following final enactment.