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S.F. No. 745 - Rules Impacting Residential Construction - First Engrossment
Author: Senator Mary Kiffmeyer
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
Date: March 8, 2017


Section 1 [Rules impacting residential construction or remodeling; legislative notice and review] subdivision 1 [definition] provides a definition of “residential construction.”

Subdivision 2 [Impact on housing cost; agency determination] requires an agency to determine if a proposed rule will increase the cost of residential construction or remodeling by $1,000 or more per unit. The initial determination of a rule’s impact on these costs is made by the agency, but is subject to review by an administrative law judge.

Subdivision 3 [Notice to legislature; legislative approval] requires notice to the legislature if the costs of a proposed rule exceed the $1,000 threshold, as determined either by the agency or by the administrative law judge. A legislative committee with jurisdiction over the subject matter of the rule may vote to advise the agency that the rule should not be adopted as proposed. If this vote occurs, the rule may not be adopted unless it is approved by law.

Subdivision 4 [Severability] clarifies that any severable portion of a rule that does not meet the cost threshold may be adopted, regardless of whether a legislative committee vote is conducted on other portions of the same rule.


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