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S.F. No. 2567 - Rules Impacting Residential Construction or Remodeling, as Amended by the A-1 Amendment
 
Author: Senator Mary Kiffmeyer
 
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
 
Date: March 2, 2018



 

Section 1 [Rules Impacting Residential Construction or Remodeling; Legislative Notice and Review] delays adoption of certain rules having a financial impact on residential construction until after the next legislative session.

Subd. 1 [Definition] defines “residential construction.”

Subd. 2 [Impact on housing; agency determination], paragraph (a), requires agencies to determine whether a proposed rule increases the cost of residential construction by $1,000 or more per unit. The agency must also determine whether the proposed rule meets the requirement in Minnesota Statutes, section 14.002, that a rule “emphasize superior achievement in meeting the agency's regulatory objectives and maximum flexibility for the regulated party and the agency in meeting those goals.”

Paragraph (b) sets a deadline for the agency’s determination, based on applicable steps in the rulemaking process. The administrative law judge is required to approve or disapprove the agency’s determination.

Subd. 3 [Notice to legislature; legislative review] requires the agency to notify the legislature if the agency or the administrative law judge determines that the rule meets the cost threshold, and precludes the agency from adopting the rule until after adjournment of the next legislative session after notice is given to the legislature.

Effective date.  This section is effective August 1, 2018, for rules for which a request for comment is published on or after that date.

 
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