16B.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

16B.01 DEFINITIONS.
    Subdivision 1. Applicability. For purposes of this chapter, the following terms have the
meanings given them, unless the context clearly indicates otherwise.
    Subd. 2. Agency. "Agency" means any state officer, employee, board, commission, authority,
department, or other agency of the executive branch of state government. Unless specifically
provided elsewhere in this chapter, agency does not include the Minnesota State Colleges and
Universities.
    Subd. 3. Commissioner. "Commissioner" means the commissioner of administration.
    Subd. 4. State contract. "State contract" means any written instrument or electronic
document containing the elements of offer, acceptance and consideration to which a state agency
is a party.
    Subd. 5. Supplies, materials, and equipment. "Supplies," "materials," and "equipment"
includes articles and things used by or furnished to an agency, including printing, binding, and
publication of books and records, repairs, and improvements.
    Subd. 6. Utility services. "Utility services" includes telephone, telegraph, postal, electric
light, and power service, and all other services required for the maintenance, operation, and
upkeep of buildings and offices.
History: 1984 c 544 s 6; 1994 c 632 art 3 s 28; 1996 c 398 s 3

16B.02 DEPARTMENT OF ADMINISTRATION.
The Department of Administration is under the supervision and control of the commissioner
of administration, who is appointed by the governor under section 15.06.
History: 1984 c 544 s 7

16B.03 APPOINTMENTS.
The commissioner is authorized to appoint staff, including two deputy commissioners, in
accordance with chapter 43A.
History: 1984 c 544 s 8; 1999 c 250 art 1 s 53

16B.04 AUTHORITY.
    Subdivision 1. Rulemaking authority. Subject to chapter 14, the commissioner may adopt,
amend, and rescind rules relating to any purpose, responsibility, or authorization in this chapter.
Rules adopted must comply with any provisions in this chapter which specify or restrict the
adoption of particular rules.
    Subd. 2. Powers and duties, general. Subject to other provisions of this chapter, the
commissioner is authorized to:
    (1) supervise, control, review, and approve all state contracts and purchasing;
    (2) provide agencies with supplies and equipment and operate all central store or supply
rooms serving more than one agency;
    (3) investigate and study the management and organization of agencies, and reorganize them
when necessary to ensure their effective and efficient operation;
    (4) manage and control state property, real and personal;
    (5) maintain and operate all state buildings, as described in section 16B.24, subdivision 1;
    (6) supervise, control, review, and approve all capital improvements to state buildings and
the capitol building and grounds;
    (7) provide central duplicating, printing, and mail facilities;
    (8) oversee publication of official documents and provide for their sale;
    (9) manage and operate parking facilities for state employees and a central motor pool for
travel on state business; and
    (10) provide rental space within the capitol complex for a private day care center for children
of state employees. The commissioner shall contract for services as provided in this chapter. The
commissioner shall report back to the legislature by October 1, 1984, with the recommendation
to implement the private day care operation.
    Subd. 3. Delegation from governor. The governor, unless otherwise provided by law, may
delegate to the commissioner the administration of programs and projects of the Office of the
Governor directed by either state or federal law, or which may be made available to the state under
a grant of funds either public or private. Unless specifically prohibited by law, the governor may
delegate to the commissioner general supervision of any program or activity of any agency the
head of which is either appointed by the governor or by a gubernatorially appointed board. The
provisions of this subdivision shall not be construed as authority to transfer programs or activities,
or part of them, from one department to another.
    Subd. 4. Mission; efficiency. It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
History: 1984 c 485 s 1; 1984 c 544 s 9; 1984 c 655 art 2 s 13 subd 1; 1995 c 248 art 11 s 2;
1998 c 359 s 2; 1998 c 366 s 26; 2005 c 156 art 5 s 3; 2007 c 140 art 4 s 1

16B.05 DELEGATION BY COMMISSIONER.
    Subdivision 1. Delegation of duties by commissioner. The commissioner may delegate
duties imposed by this chapter to the head of an agency and to any subordinates of the
head. Delegated duties are to be exercised in the name of the commissioner and under the
commissioner's supervision and control.
    Subd. 2. Facsimile or digital signatures and electronic approvals. When authorized by the
commissioner, facsimile signatures, electronic approvals, or digital signatures may be used in
accordance with the commissioner's delegated authority and instructions. Copies of the delegated
authority and instructions must be filed with the commissioner of finance and the secretary of state.
A facsimile signature, electronic approval, or digital signature, when used in accordance with the
commissioner's delegated authority and instructions, is as effective as an original signature.
History: 1984 c 544 s 10; 1986 c 444; 1994 c 632 art 3 s 29; 1997 c 202 art 3 s 1; 2003 c
112 art 2 s 50

16B.052 AUTHORITY TO TRANSFER FUNDS.
The commissioner may, with the approval of the commissioner of finance, transfer from an
internal service or enterprise fund account to another internal service or enterprise fund account,
any contributed capital appropriated by the legislature. The transfer may be made only to provide
working capital or positive cash flow in the account to which the money is transferred. The
commissioner shall report the amount and purpose of the transfer to the chair of the committee or
division in the senate and house of representatives with primary jurisdiction over the budget of the
Department of Administration. The transfer must be repaid within 18 months.
History: 1988 c 613 s 3; 2000 c 488 art 12 s 14

16B.053 GRANTS.
The commissioner may apply for, receive, and expend money made available from federal or
other sources for the purposes of carrying out the duties and responsibilities of the commissioner
under sections 16B.054 and 16B.055.
All moneys received by the commissioner under sections 16B.054 and 16B.055 must be
deposited in the state treasury and are appropriated to the commissioner for the purpose for which
the moneys are received. The money does not cancel and is available until expended.
History: 1998 c 359 s 3

16B.054 DEVELOPMENTAL DISABILITIES.
The Department of Administration is designated as the responsible agency to assist the
Minnesota Governor's Council on Developmental Disabilities in carrying out all responsibilities
under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, also known
as United States Code, title 42, sections 15001 to 15115, and Public Law 106-402 (October
30, 2000, 106th Congress), as well as those responsibilities relating to the program which are
not delegated to the council.
History: 1998 c 359 s 4; 1Sp2003 c 8 art 1 s 1

16B.055 LEAD AGENCY.
    Subdivision 1. Federal Assistive Technology Act. (a) The Department of Administration is
designated as the lead agency to carry out all the responsibilities under the Assistive Technology
Act of 1998, as provided by Public Law 108-364, as amended. The Minnesota Assistive
Technology Advisory Council is established to fulfill the responsibilities required by the Assistive
Technology Act, as provided by Public Law 108-364, as amended. Because the existence of this
council is required by federal law, this council does not expire and the expiration date provided in
section 15.059, subdivision 5, does not apply.
    (b) The governor shall appoint the membership of the council as required by the Assistive
Technology Act of 1998, as provided by Public Law 108-364, as amended. After the governor has
completed the appointments required by this subdivision, the commissioner of administration,
or the commissioner's designee, shall convene the first meeting of the council following the
appointments. Members shall serve two-year terms commencing July 1 of each odd-numbered
year, and receive the compensation specified by the Assistive Technology Act of 1998, as
provided by Public Law 108-364, as amended. The members of the council shall select their chair
at the first meeting following their appointment.
    Subd. 2.[Repealed, 2007 c 133 art 2 s 13]
    Subd. 3.[Repealed, 2007 c 133 art 2 s 13]
History: 1998 c 359 s 5; 1999 c 250 art 1 s 114; 2001 c 162 s 2; 2007 c 133 art 2 s 1

16B.06 [Repealed, 1998 c 386 art 1 s 35]

16B.07 [Repealed, 1998 c 386 art 1 s 35]

16B.08 [Repealed, 1998 c 386 art 1 s 35]

16B.089 [Renumbered 16B.189]

16B.09 [Repealed, 1998 c 386 art 1 s 35]

16B.10 [Repealed, 1984 c 544 s 88]

16B.101 [Repealed, 1998 c 386 art 1 s 35]

16B.102 [Repealed, 1998 c 386 art 1 s 35]

16B.103 [Repealed, 1998 c 386 art 1 s 35]

16B.104 [Renumbered 16C.145]

16B.11 [Repealed, 1984 c 544 s 88]

16B.12 [Repealed, 1984 c 544 s 88]

16B.121 PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE MATERIALS.
The commissioner shall take the recycled content and recyclability of commodities to be
purchased into consideration in bid specifications. When feasible and when the price of recycled
materials does not exceed the price of nonrecycled materials by more than ten percent, the
commissioner, and state agencies when purchasing under delegated authority, shall purchase
recycled materials. In order to maximize the quantity and quality of recycled materials purchased,
the commissioner, and state agencies when purchasing under delegated authority, may also use
other appropriate procedures to acquire recycled materials at the most economical cost to the state.
When purchasing commodities and services, the commissioner, and state agencies when
purchasing under delegated authority, shall apply and promote the preferred waste management
practices listed in section 115A.02, with special emphasis on reduction of the quantity and toxicity
of materials in waste. The commissioner, and state agencies when purchasing under delegated
authority, in developing bid specifications, shall consider the extent to which a commodity or
product is durable, reusable, or recyclable and marketable through the state resource recovery
program and the extent to which the commodity or product contains postconsumer material.
History: 1Sp1989 c 1 art 18 s 1; 1992 c 514 s 3; 1992 c 593 art 1 s 1; 1993 c 249 s 1

16B.122 PURCHASE AND USE OF PAPER STOCK; PRINTING.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Copier paper" means paper purchased for use in copying machines.
(b) "Office paper" means notepads, loose-leaf fillers, tablets, and other paper commonly
used in offices.
(c) "Postconsumer material" means a finished material that would normally be discarded as a
solid waste, having completed its life cycle as a consumer item.
(d) "Practicable" means capable of being used, consistent with performance, in accordance
with applicable specifications, and availability within a reasonable time.
(e) "Printing paper" means paper designed for printing, other than newsprint, such as offset
and publication paper.
(f) "Public entity" means the state, an office, agency, or institution of the state, the
Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control District, the
legislature, the courts, a county, a statutory or home rule charter city, a town, a school district,
another special taxing district, or any contractor acting pursuant to a contract with a public entity.
(g) "Soy-based ink" means printing ink made from soy oil.
(h) "Uncoated" means not coated with plastic, clay, or other material used to create a glossy
finish.
    Subd. 2. Purchases; printing. (a) Whenever practicable, a public entity shall:
(1) purchase uncoated office paper and printing paper;
(2) purchase recycled content paper with at least ten percent postconsumer material by
weight;
(3) purchase paper which has not been dyed with colors, excluding pastel colors;
(4) purchase recycled content paper that is manufactured using little or no chlorine bleach or
chlorine derivatives;
(5) use no more than two colored inks, standard or processed, except in formats where they
are necessary to convey meaning;
(6) use reusable binding materials or staples and bind documents by methods that do not
use glue;
(7) use soy-based inks; and
(8) produce reports, publications, and periodicals that are readily recyclable within the state
resource recovery program.
(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at least 50
percent postconsumer material.
(c) A public entity shall print documents on both sides of the paper where commonly
accepted publishing practices allow.
(d) Notwithstanding paragraph (a), clause (2), and section 16B.121, copier paper purchased
by a state agency must contain at least ten percent postconsumer material by fiber content.
    Subd. 3. Public entity purchasing. (a) Notwithstanding section 365.37, 375.21, 412.311,
or 473.705, a public entity may purchase recycled materials when the price of the recycled
materials does not exceed the price of nonrecycled materials by more than ten percent. In order
to maximize the quantity and quality of recycled materials purchased, a public entity also may
use other appropriate procedures to acquire recycled materials at the most economical cost to
the public entity.
(b) When purchasing commodities and services, a public entity shall apply and promote
the preferred waste management practices listed in section 115A.02, with special emphasis on
reduction of the quantity and toxicity of materials in waste. A public entity, in developing bid
specifications, shall consider the extent to which a commodity or product is durable, reusable, or
recyclable and marketable through the applicable local or regional recycling program and the
extent to which the commodity or product contains postconsumer material. When a project by a
public entity involves the replacement of carpeting, the public entity may require all persons who
wish to bid on the project to designate a carpet recycling company in their bids.
History: 1Sp1989 c 1 art 18 s 2; 1991 c 337 s 3; 1992 c 464 art 1 s 7; 1992 c 593 art 1 s
2; 1993 c 249 s 2; 1994 c 465 art 1 s 1; 1995 c 247 art 1 s 1

16B.123 [Repealed, 1998 c 386 art 1 s 35]

16B.124 CONSIDERATION OF ENVIRONMENTAL IMPACTS OF METAL
RECYCLING FACILITIES.
(a) The state, counties, towns, and home rule charter or statutory cities shall include
consideration of environmental impacts in selecting a recycling facility for the recycling of
scrap metal.
(b) For the purposes of this section, "recycling facility" has the meaning given in section
115A.03, subdivision 25c.
History: 1995 c 247 art 1 s 2

16B.125 [Repealed, 1991 c 337 s 90]

16B.126 FUNDS FOR ENERGY EFFICIENT BULBS.
State agencies in the executive, legislative, and judicial branches that purchase replacement
bulbs in accordance with section 16B.61, subdivision 3, paragraph (k), must use money allocated
for utility expenditures for the purchase.
History: 1991 c 149 s 1; 2001 c 7 s 8

16B.13 [Repealed, 1998 c 386 art 1 s 35]

16B.14 [Repealed, 1998 c 386 art 1 s 35]

16B.15 [Repealed, 1998 c 386 art 1 s 35]

16B.16 [Repealed, 1998 c 386 art 1 s 35]

16B.165 [Repealed, 1999 c 135 s 10]

16B.167 [Repealed, 1998 c 386 art 1 s 35]

16B.17 [Repealed, 1998 c 386 art 1 s 35]

16B.171 [Renumbered 16C.081]

16B.175 [Repealed, 1998 c 386 art 1 s 35]

16B.18 [Repealed, 1998 c 386 art 1 s 35]

16B.181 PURCHASES FROM CORRECTIONS INDUSTRIES.
    Subdivision 1. Definitions. As used in this section:
(1) "public entity" or "public entities" includes the state and an agency, department, or
institution of the state, any governmental unit as defined in section 471.59, the state legislative
and judicial branches, and state colleges and universities; and
(2) "items" includes articles, products, supplies, and services.
    Subd. 2. Public entities; purchases from corrections industries. (a) The commissioner
of corrections, in consultation with the commissioner of administration, shall prepare updated
lists of the items available for purchase from Department of Corrections industries and annually
forward a copy of the most recent list to all public entities within the state. A public entity that is
supported in whole or in part with funds from the state treasury may purchase items directly from
corrections industries. The bid solicitation process is not required for these purchases.
    (b) The commissioner of administration shall develop a contract or contracts to enable public
entities to purchase items directly from corrections industries. The commissioner of administration
shall require that all requests for bids or proposals, for items provided by corrections industries,
be forwarded to the commissioner of corrections to enable corrections industries to submit bids.
The commissioner of corrections shall consult with the commissioner of administration prior to
introducing new products to the state agency market.
    (c) No public entity may evade the intent of this section by adopting slight variations
in specifications, when Minnesota corrections industry items meet the reasonable needs and
specifications of the public entity.
History: 1995 c 226 art 5 s 1; 1996 c 408 art 8 s 1; 1998 c 386 art 1 s 2; 2001 c 161 s 4;
2001 c 210 s 1; 2002 c 379 art 1 s 114; 2004 c 206 s 52; 2007 c 54 art 6 s 2; 2007 c 133 art 2 s 2

16B.185 [Repealed, 1998 c 386 art 1 s 35]

16B.189 [Repealed, 1990 c 541 s 31]

16B.19 [Repealed, 1998 c 386 art 1 s 35]

16B.20 [Repealed, 1998 c 386 art 1 s 35]

16B.21 [Repealed, 1998 c 386 art 1 s 35]

16B.22 [Repealed, 1998 c 386 art 1 s 35]

16B.226 [Repealed, 1998 c 386 art 1 s 35]

16B.227 [Repealed, 1998 c 386 art 1 s 35]

16B.23 [Repealed, 1998 c 386 art 1 s 35]

16B.24 GENERAL AUTHORITY.
    Subdivision 1. Operation and maintenance of buildings. The commissioner is authorized
to maintain and operate the State Capitol building and grounds, subject to whatever standards and
policies are set for its appearance and cleanliness by the Capitol Area Architectural and Planning
Board and the commissioner under section 15B.15, subdivision 2, and all other buildings,
cafeterias, and grounds in state-owned buildings in the Capitol Area under section 15B.02, the
state Department of Public Safety, Bureau of Criminal Apprehension building in St. Paul, the
state Department of Health building in Minneapolis, 321 Grove Street buildings in St. Paul, any
other properties acquired by the Department of Administration, and, when the commissioner
considers it advisable and practicable, any other building or premises owned or rented by the state
for the use of a state agency. The commissioner shall assign and reassign office space in the
Capitol and state buildings to make an equitable division of available space among agencies. The
commissioner shall regularly update the long-range strategic plan for locating agencies and shall
follow the plan in assigning and reassigning space to agencies. The plan must include locational
and urban design criteria, a cost-analysis method to be used in weighing state ownership against
leasing of space in specific instances, and a transportation management plan. If the commissioner
determines that a deviation from the plan is necessary or desirable in a specific instance, the
commissioner shall provide the legislature with a timely written explanation of the reasons for
the deviation. The power granted in this subdivision does not apply to state hospitals or to
educational, penal, correctional, or other institutions not enumerated in this subdivision the
control of which is vested by law in some other agency.
    Subd. 2. Repairs. The commissioner shall supervise and control the making of necessary
repairs to all state buildings and structures, except:
(1) structures, other than buildings, under the control of the state Transportation Department;
and
(2) buildings and structures under the control of the Board of Trustees of the Minnesota State
Colleges and Universities.
All repairs to the public and ceremonial areas and the exterior of the State Capitol building
shall be carried out subject to the standards and policies of the Capitol Area Architectural and
Planning Board and the commissioner of administration adopted pursuant to section 15B.15,
subdivision 2 .
    Subd. 3. Disposal of old buildings. The commissioner, upon request of the head of an
agency which has control of a state-owned building which is no longer used or which is a fire
or safety hazard, shall, after obtaining approval of the chairs of the senate Finance Committee
and house of representatives Ways and Means Committee, sell, wreck, or otherwise dispose of
the building. In the event a sale is made the proceeds shall be deposited in the proper account or
in the general fund.
    Subd. 3a. Sale of real property. By February 1 of each year, the commissioner shall report
to the chairs of the senate Committee on Finance and the house of representatives Committees on
Ways and Means and Capital Investment all sales or other transfers of real property owned by the
state that have taken place in the preceding calendar year. The report shall include a description of
the property, reason for the sale, the name of the buyer, and the price for which the property was
sold. Sales of easements need not be included. This subdivision does not apply to real property
held by the Department of Natural Resources, the Department of Transportation, or the Board of
Water and Soil Resources, except for real property that has been used for office space by any of
those agencies. This subdivision does not apply to property owned by the Board of Trustees of the
Minnesota State Colleges and Universities or the University of Minnesota.
    Subd. 4. Inspections; appraisals; inventories. The commissioner shall provide for the
periodic inspection and appraisal of all state property, real and personal, and for current and
perpetual inventories of all state property. The commissioner shall require agencies to make
reports of the real and personal property in their custody at the intervals and in the form the
commissioner considers necessary.
    Subd. 5. Renting out state property. (a) Authority. The commissioner may rent out state
property, real or personal, that is not needed for public use, if the rental is not otherwise provided
for or prohibited by law. The property may not be rented out for more than five years at a time
without the approval of the State Executive Council and may never be rented out for more than
25 years. A rental agreement may provide that the state will reimburse a tenant for a portion of
capital improvements that the tenant makes to state real property if the state does not permit the
tenant to renew the lease at the end of the rental agreement.
    (b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state lands
under the jurisdiction of the Department of Natural Resources, lands forfeited for delinquent
taxes, lands acquired under section 298.22, or lands acquired under section 41.56 which are under
the jurisdiction of the Department of Agriculture.
    (c) Rental of living accommodations. The commissioner shall establish rental rates for all
living accommodations provided by the state for its employees. Money collected as rent by
state agencies pursuant to this paragraph must be deposited in the state treasury and credited
to the general fund.
    (d) Lease of space in certain state buildings to state agencies. The commissioner may
lease portions of the state-owned buildings under the custodial control of the commissioner to
state agencies and the court administrator on behalf of the judicial branch of state government
and charge rent on the basis of space occupied. Notwithstanding any law to the contrary, all
money collected as rent pursuant to the terms of this section shall be deposited in the state
treasury. Money collected as rent to recover the bond interest costs of a building funded from
the state bond proceeds fund shall be credited to the general fund. Money collected as rent to
recover the depreciation costs of a building funded from the state bond proceeds fund and money
collected as rent to recover capital expenditures from capital asset preservation and replacement
appropriations and statewide building access appropriations shall be credited to a segregated asset
preservation and replacement account in a special revenue fund. Fifty percent of the money
credited to the account each fiscal year must be transferred to the general fund. The remaining
money in the account is appropriated to the commissioner to be expended for asset preservation
projects as determined by the commissioner. Money collected as rent to recover the depreciation
and interest costs of a building built with other state dedicated funds shall be credited to the
dedicated fund which funded the original acquisition or construction. All other money received
shall be credited to the general services revolving fund.
    (e) Lease of space in Andersen and Freeman buildings. The commissioner may lease
space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies and charge
rent on the basis of space occupied. Money collected as rent under this paragraph to fund future
building repairs must be credited to a segregated account for each building in the special revenue
fund and is appropriated to the commissioner to make the repairs. When the state acquires title
to each building, the account for that building must be abolished and any balance remaining in
the account must be transferred to the appropriate asset preservation and replacement account
created under paragraph (d).
    Subd. 5a. Veterans Service Building tenants. (a) The commissioner must assign quarters in
the Veterans Service Building to the Department of Veterans Affairs. Some of what is assigned, as
mutually determined with the commissioner of veterans affairs, must be on the first floor.
(b) The commissioner of administration must also assign space in the Veterans Service
Building to:
(1) the American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Military Order of the Purple Heart;
(5) Veterans of World War I;
(6) auxiliaries of the groups in clauses (1) to (5), if incorporated in Minnesota; and
(7) as space becomes available and as the commissioner of administration considers
desirable, other state departments and agencies.
    Subd. 6. Property leases. (a) Leases. The commissioner shall lease land and other
premises when necessary for state purposes. Notwithstanding subdivision 6a, paragraph (a), the
commissioner may lease land or premises for up to ten years, subject to cancellation upon 30
days' written notice by the state for any reason except lease of other non-state-owned land or
premises for the same use. The commissioner may not lease non-state-owned land and buildings
or substantial portions of land or buildings within the Capitol Area as defined in section 15B.02
unless the commissioner first consults with the Capitol Area Architectural and Planning Board. If
the commissioner enters into a lease-purchase agreement for buildings or substantial portions of
buildings within the Capitol Area, the commissioner shall require that any new construction of
non-state-owned buildings conform to design guidelines of the Capitol Area Architectural and
Planning Board. Lands needed by the Department of Transportation for storage of vehicles or
road materials may be leased for five years or less, such leases for terms over two years being
subject to cancellation upon 30 days' written notice by the state for any reason except lease of
other non-state-owned land or premises for the same use. An agency or department head must
consult with the chairs of the house appropriations and senate finance committees before entering
into any agreement that would cause an agency's rental costs to increase by ten percent or more
per square foot or would increase the number of square feet of office space rented by the agency
by 25 percent or more in any fiscal year.
(b) Use vacant public space. No agency may initiate or renew a lease for space for its own
use in a private building unless the commissioner has thoroughly investigated presently vacant
space in public buildings, such as closed school buildings, and found that none is available or use
of the space is not feasible, prudent, and cost-effective compared with available alternatives.
(c) Preference for certain buildings. For needs beyond those which can be accommodated
in state-owned buildings, the commissioner shall acquire and utilize space in suitable buildings of
historical, architectural, or cultural significance for the purposes of this subdivision unless use
of that space is not feasible, prudent and cost-effective compared with available alternatives.
Buildings are of historical, architectural, or cultural significance if they are listed on the National
Register of Historic Places, designated by a state or county historical society, or designated by a
municipal preservation commission.
(d) Recycling space. Leases for space of 30 days or more for 5,000 square feet or more must
require that space be provided for recyclable materials.
    Subd. 6a. Lease-purchase agreement; cancellation. (a) With the approval of the
commissioner of finance and the recommendation of the Legislative Advisory Commission, the
commissioner of administration may enter into lease-purchase agreements. A lease-purchase
agreement must provide the state with a unilateral right to purchase the leased premises at
specified times for specified amounts. Under these lease agreements, the lease rental rates shall
not be more than market rental rates. Notwithstanding subdivision 6, the term of the lease may
be for more than ten years, but must not exceed 20 years. Prior to exercising the state's right to
purchase the premises, the purchase must be approved by an act of the legislature.
(b) A lease-purchase agreement entered into under paragraph (a) must be subject to
cancellation by the state for any reason except lease of other non-state-owned land or premises
for the same use.
    Subd. 7. Power, heating, and lighting plants. The commissioner shall inspect all state
power, heating, and lighting plants, make rules governing their operation, and recommend
improvements in the plants which will promote their economical and efficient operation.
    Subd. 8. Regional service center. The commissioner may establish a regional service
center on a demonstration basis. The commissioner shall select agencies to participate in the
demonstration service center and determine equitable methods of sharing space, personnel and
equipment. The commissioner may enter into a lease for a base term of five years with a five year
leasehold renewal option to acquire suitable space for the service center.
    Subd. 9. Smoking in state buildings. (a) To protect the public health, comfort, and
environment and to protect the nonsmoker's right to a smoke-free environment, smoking in
all buildings managed or leased by the commissioner under subdivisions 1 and 6 is prohibited
except in veterans homes where smoking areas have been designated under a policy adopted
in accordance with paragraph (b).
(b) A veterans home may permit smoking only in designated areas, providing that existing
physical barriers and ventilation systems can be used to prevent the presence of smoke in adjacent
nonsmoking areas.
No employee complaining of a violation of this subdivision to a lessor, lessee, manager, or
supervisor may be subjected to any disciplinary action as a result of making the complaint.
    Subd. 10. Child care/workplace school space. For state office space that is leased,
purchased, or substantially remodeled after August 1, 1988, the commissioner shall consider
including space usable for child care services or for a workplace school. Space must be included
if the commissioner determines that it is needed and that it could be provided at reasonable cost.
The commissioner may prepare sites as a common usage space for the Capitol complex.
    Subd. 11. Recycling of fluorescent lamps. When a fluorescent lamp containing mercury
is removed from service in a building or premises owned by the state or rented by the state,
the commissioner shall ensure that the lamp is recycled if a recycling facility, which has been
licensed or permitted by the agency or is operated subject to a compliance agreement with, or
other approval by, the commissioner, is available in this state.
History: 1983 c 216 art 1 s 87; 1984 c 544 s 29; 1Sp1985 c 13 s 121; 1986 c 444; 1987 c 98
s 1; 1988 c 613 s 9,10; 1988 c 685 s 1; 1988 c 686 art 1 s 44,45; 1989 c 335 art 1 s 62; 1990 c
506 art 2 s 11; 1990 c 572 s 4,5; 1990 c 594 art 1 s 46; 1991 c 345 art 1 s 60; 1992 c 514 s 5,6;
1992 c 558 s 33; 1993 c 192 s 70; 1993 c 249 s 4; 1994 c 483 s 1; 1994 c 634 art 1 s 2; 1994 c
643 s 39; 1Sp1995 c 2 art 1 s 23; 1996 c 395 s 18; 1996 c 463 s 33,34; 1997 c 202 art 2 s 23;
1997 c 206 s 1,2; 1998 c 359 s 6; 1999 c 250 art 1 s 55; 2003 c 17 s 2; 1Sp2003 c 1 art 2 s 39;
1Sp2003 c 8 art 1 s 2,3; 2004 c 255 s 1; 2004 c 284 art 2 s 7; 2007 c 148 art 2 s 20

16B.241 COORDINATED FACILITY PLANNING.
The commissioner of administration shall develop a coordinated facility planning process
for offices located outside the metropolitan area for the following agencies: the Departments of
Health, Agriculture, and Natural Resources; the Pollution Control Agency; and the Board of
Water and Soil Resources. Any proposals for consolidation or construction of facilities for these
agencies that are included in budget documents submitted to the legislature under section 16A.11
must first be considered as part of the planning process required by this section.
History: 1994 c 643 s 40

16B.245 INVENTORY OF STATE-OWNED LAND.
    Subdivision 1. Definitions. For the purposes of this section, "state-owned land" means land,
with or without improvements upon it, for which the state owns fee title. It does not include:
(1) land held in trust by the state for political subdivisions of the state;
(2) permanent school trust fund lands;
(3) university trust fund lands;
(4) mineral interests; or
(5) trunk highway right-of-way.
    Subd. 2. Inventory. The commissioner of administration must inventory all state-owned
land and determine the number of acres owned by the state as of December 31, 2002. The
inventory must identify for each parcel the state agency responsible for the parcel, its location,
size, and whether it is (1) currently being used for a public purpose, (2) anticipated to be used
for a public purpose in the future, or (3) not currently being used or anticipated to be used for a
public purpose. The inventory must also identify how much land is included in each classification
under section 86A.05. Within two months of completing the inventory, and by January 15 each
odd-numbered year thereafter, the commissioner must report on the inventory to the chairs of
the house and senate committees with jurisdiction over higher education, capital investment, and
natural resources and environment finance, and the chairs of the house committee on ways and
means and the senate committee on finance.
History: 2002 c 393 s 36

16B.25 LOST PROPERTY ON STATE LANDS.
    Subdivision 1. Permits. The commissioner may grant a permit to search upon lands,
highways, or in buildings owned by the state for lost or abandoned property. Conditions of a
permit may include a formula for dividing between the state and the finder the proceeds of any
property found and unclaimed.
    Subd. 2. Notice. Lost or abandoned property found on state lands is placed in the custody of
the commissioner. If the rightful owner is known, the owner must be notified by certified mail and
may reclaim the property on paying the expenses of the search.
    Subd. 3. Disposal. Unclaimed property may be sold at public sale, disposed of as state
surplus property, or destroyed, based on the commissioner's judgment of its value.
    Subd. 4. Money. All lost or abandoned money found under a permit granted pursuant to
this section, and the proceeds from the sale of other abandoned or lost property found under a
permit, must be deposited in the general fund.
History: 1984 c 544 s 30; 1Sp2001 c 10 art 2 s 25

16B.26 UTILITY COMPANIES, PERMITS TO CROSS STATE-OWNED LANDS.
    Subdivision 1. Easements. (a) Authority. Except where the authority conferred by this
section has been imposed on some other state or county office, the commissioner may grant
an easement or permit over, under, or across any land owned by the state for the purpose of
constructing roads, streets, telephone, telegraph, and electric power lines, cables or conduits,
underground or otherwise, or mains or pipe lines for gas, liquids, or solids in suspension. This
authority does not apply to land under the jurisdiction of the commissioner of natural resources
or land obtained for trunk highway purposes.
(b) Notice of revocation. An easement or permit is revocable by written notice given by the
commissioner if at any time its continuance will conflict with a public use of the land over, under,
or upon which it is granted, or for any other reason. The notice must be in writing and is effective
90 days after the notice is sent by certified mail to the last known address of the record holder
of the easement. If the address of the holder of the easement or permit is not known, it expires
90 days after the notice is recorded in the office of the county recorder of the county in which
the land is located. Upon revocation of an easement, the commissioner may allow a reasonable
time to vacate the premises affected.
(c) Easement runs with land. State land subject to an easement or permit granted by the
commissioner remains subject to sale or lease, and the sale or lease does not revoke the permit
or easement granted.
    Subd. 2. Land controlled by other agencies. If the easement or permit involves land under
the jurisdiction of an agency other than the Department of Administration, it is subject to the
approval of the head of the agency and is subject to revocation by the commissioner as provided
in this section, on request of the head of the agency.
    Subd. 3. Application. An application for easement or permit under this section must be in
quadruplicate and must include: a legal description of the land affected; a map showing the area
affected by the easement or permit; and a detailed design of any structures to be placed on the
land. The commissioner may require that the application be in another form and include other
descriptions, maps, or designs. The commissioner may at any time order changes or modifications
respecting construction or maintenance of structures or other conditions of the easement which
the commissioner finds necessary to protect the public health and safety.
    Subd. 4. Form; duration. The easement or permit must be in a form prescribed by the
attorney general and must describe the location of the easement granted. The easement or permit
continues until revoked by the commissioner, subject to change or modification as provided
in this section.
    Subd. 5. Consideration; terms. The commissioner may prescribe consideration and
conditions for granting an easement or permit. Money received by the state under this section
must be credited to the fund to which income or proceeds of sale from the land would be credited,
if provision for the sale is made by law. Otherwise, it must be credited to the general fund.
History: 1984 c 544 s 31

16B.27 GOVERNOR'S RESIDENCE.
    Subdivision 1. Use. The governor's residence must be used for official ceremonial functions
of the state, and to provide suitable living quarters for the governor of the state.
    Subd. 2. Maintenance. The commissioner shall maintain the governor's residence in the
same way as other state buildings are maintained and shall rehabilitate, decorate, and furnish the
building. The decoration and furnishing shall be guided by the Governor's Residence Council.
    Subd. 3. Council. The Governor's Residence Council consists of the following 19 members:
the commissioner; the spouse or a designee of the governor; the executive director of the
Minnesota State Arts Board; the director of the Minnesota Historical Society; a member of the
senate appointed pursuant to the rules of the senate; a member of the house of representatives
appointed pursuant to the rules of the house of representatives; 13 persons appointed by the
governor including one in the field of higher education, one member of the American Society
of Interior Designers, Minnesota Chapter, one member of the American Institute of Architects,
Minnesota chapter, one member of the American Society of Landscape Architects, Minnesota
Chapter, one member of the family that donated the governor's residence to the state, if available,
and eight public members with four public members' terms being coterminous with the governor
who appoints them. Members of the council serve without compensation. Membership terms,
removal, and filling of vacancies for members appointed by the governor are governed by section
15.0575. The council shall elect a chair and a secretary from among its members.
    Subd. 4. Duties. The council shall develop an overall restoration plan for the governor's
residence and surrounding grounds and approve alterations in the existing structure.
    Subd. 5. Gifts. (a) To maintain and improve the quality of furnishings for the public areas of
the building, the council may solicit and accept donated money, furnishings, objects of art and
other items the council determines may have historical value in keeping with the building's
period and purpose. The gift acceptance procedures of sections 16A.013 to 16A.016 do not
apply to this subdivision.
(b) Notwithstanding sections 16A.013 to 16A.016, the council may solicit contributions for
the renovation of and capital improvements to the governor's residence.
(c) Gifts for the benefit of the governor's residence and surrounding grounds are not accepted
by the state unless accepted by the council. The council shall maintain a complete inventory of all
gifts and articles received.
    Subd. 6. Use by nonstate entities. A nonstate entity using the governor's residence must pay
the state for all direct and indirect costs associated with use of the facility.
History: 1984 c 544 s 32; 1984 c 655 art 1 s 5; art 2 s 13 subd 1; 1986 c 444; 1988 c
629 s 12; 1993 c 46 s 1; 1998 c 359 s 7; 2001 c 161 s 5; 2001 c 162 s 3; 2002 c 374 art 7 s 7;
2003 c 112 art 2 s 50; 1Sp2003 c 18 art 5 s 1

16B.275 CAPITOL AREA CAFETERIAS.
In entering into contracts for operation of cafeterias in the capitol complex, the commissioner
must attempt to ensure the department does not receive revenues in excess of those needed to
operate and maintain the cafeteria space.
History: 1997 c 202 art 2 s 24

16B.28 [Repealed, 1998 c 386 art 1 s 35]

16B.281 SALE AND DISPOSITION OF SURPLUS STATE-OWNED LAND.
    Subdivision 1. Applicability. All tracts or lots of real property belonging to the state or that
may hereafter accrue to the state, including tracts or lots that have escheated to the state, may
be disposed of according to sections 16B.281 to 16B.287. Sections 16B.281 to 16B.287 do not
apply to school or other trust fund lands belonging to the state, or that may hereafter accrue to the
state, under and by virtue of any act of Congress or to any other state-owned lands the sale or
disposition of which is provided for under sections 94.09 to 94.16 or other law.
    Subd. 2. Certification required. On or before July 1 of each year, the head of each
department or agency having control and supervision over any state-owned land, the sale
or disposition of which is not otherwise provided for by law, shall certify in writing to the
commissioner whether there is any state-owned land under control and supervision of that
department or agency that is no longer needed. If the certification discloses lands no longer
needed for a department or agency, the head of the department or agency shall include in the
certification a description of the lands and the reasons why the lands are no longer needed.
    Subd. 3. Notice to agencies; determination of surplus. On or before October 1 of each
year, the commissioner shall review the certifications of heads of each department or agency
provided for in this section. The commissioner shall send written notice to all state departments,
agencies, and the University of Minnesota describing any lands or tracts that may be declared
surplus. If a department or agency or the University of Minnesota desires custody of the lands or
tracts, it shall submit a written request to the commissioner, no later than four calendar weeks after
mailing of the notice, setting forth in detail its reasons for desiring to acquire and its intended use
of the land or tract. The commissioner shall then determine whether any of the lands described
in the certifications of the heads of the departments or agencies should be declared surplus and
offered for sale or otherwise disposed of by transferring custodial control to other requesting state
departments or agencies or to the Board of Regents of the University of Minnesota for educational
purposes, provided however that transfer to the Board of Regents shall not be determinative of
tax exemption or immunity. If the commissioner determines that any of the lands are no longer
needed for state purposes, the commissioner shall make findings of fact, describe the lands,
declare the lands to be surplus state land, state the reasons for the sale or disposition of the lands,
and notify the Executive Council of the determination.
    Subd. 4. Executive Council approval. Within 60 days after the receipt of the notification
from the commissioner, the Executive Council shall approve or disapprove the commissioner's
determinations. If the determinations are approved, the lands shall be offered for sale or otherwise
disposed of as provided for in sections 16B.281 to 16B.287. If the Executive Council disapproves
the determinations, the same determinations regarding the surplus lands may not be resubmitted
to the Executive Council until at least six months after the date of the disapproval.
    Subd. 5. Report required. On or before November 15 of each even-numbered year, the
commissioner shall report to the governor and the legislature the following information for the
two-year period immediately preceding:
(1) the lands that state departments and agencies have certified as no longer needed;
(2) the lands that have been determined to be no longer needed for state purposes, regarding
which the Executive Council has been formally notified; and
(3) the lands that have been publicly sold.
    Subd. 6. Maintenance of land before sale. The state department or agency holding custodial
control shall maintain the state-owned lands until the lands are sold or otherwise disposed of as
provided for in sections 16B.281 to 16B.287.
History: 2004 c 262 art 1 s 2

16B.282 SURVEYS, APPRAISALS, AND SALE.
    Subdivision 1. Appraisal; notice and offer to public bodies. (a) Before offering any surplus
state-owned lands for sale, the commissioner may survey the lands and, if the value of the lands is
estimated to be $40,000 or less, may have the lands appraised. The commissioner shall have the
lands appraised if the estimated value is in excess of $40,000.
(b) The appraiser shall, before entering upon the duties of the office, take and subscribe an
oath that the appraiser will faithfully and impartially discharge the duties of appraiser according
to the best of the appraiser's ability and that the appraiser is not interested, directly or indirectly, in
any of the lands to be appraised or the timber or improvements on the lands or in the purchase of
the lands, timber, or improvements and has entered into no agreement or combination to purchase
any of the lands, timber, or improvements. The oath shall be attached to the appraisal report.
(c) Before offering surplus state-owned lands for public sale, the lands shall first be offered
to the city, county, town, school district, or other public body corporate or politic in which the
lands are situated for public purposes and the lands may be sold for public purposes for not less
than the appraised value of the lands. To determine whether a public body desires to purchase the
surplus land, the commissioner shall give a written notice to the governing body of each political
subdivision whose jurisdictional boundaries include or are adjacent to the surplus land. If a public
body desires to purchase the surplus land, it shall submit a written offer to the commissioner
no later than two weeks after receipt of notice setting forth in detail its reasons for desiring to
acquire and its intended use of the land. In the event that more than one public body tenders an
offer, the commissioner shall determine which party shall receive the property and shall submit
written findings regarding the decision. If lands are offered for sale for public purposes and if
a public body notifies the commissioner of its desire to acquire the lands, the public body may
have up to two years from the date of the accepted offer to commence payment for the lands in
the manner provided by law.
    Subd. 2. Public sale requirements. (a) Lands certified as surplus by the head of a
department or agency under section 16B.281 shall be offered for public sale by the commissioner
as provided in this subdivision. After complying with subdivision 1 and before any public sale of
surplus state-owned land is made, the commissioner shall publish a notice of the sale at least once
each week for four successive weeks in a legal newspaper and also in a newspaper of general
distribution in the city or county in which the real property to be sold is situated. The notice shall
specify the time and place at which the sale will commence, a general description of the lots or
tracts to be offered, and a general statement of the terms of sale. Each tract or lot shall be sold
separately and shall be sold for no less than its appraised value.
(b) Parcels remaining unsold after the offering may be sold to anyone agreeing to pay the
appraised value. The sale shall continue until all parcels are sold or until the commissioner orders
a reappraisal or withdraws the remaining parcels from sale.
(c) Except as provided in section 16B.283, the cost of any survey or appraisal as provided
in subdivision 1 shall be added to and made a part of the appraised value of the lands to be
sold, whether to any political subdivision of the state or to a private purchaser as provided in
this subdivision.
History: 2004 c 262 art 1 s 3

16B.283 TERMS OF PAYMENT.
No less than ten percent of the purchase price shall be paid at the time of sale with the
balance payable according to this section. If the purchase price of any lot or parcel is $5,000
or less, the balance shall be paid within 90 days of the date of sale. If the purchase price of
any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual installments
for no more than five years, at the option of the purchaser, with principal and interest payable
annually in advance at a rate equal to the rate in effect at the time under section 549.09 on the
unpaid balance, payable to the state treasury on or before June 1 each year. Any installment of
principal or interest may be prepaid.
History: 2004 c 262 art 1 s 4

16B.284 CONTRACT FOR DEED AND QUITCLAIM DEED.
In the event a purchaser elects to purchase surplus real property on an installment basis, the
commissioner shall enter into a contract for deed with the purchaser, in which shall be set forth
the description of the real property sold and the price of the property, the consideration paid and
to be paid for the property, the rate of interest, and time and terms of payment. The contract for
deed shall be made assignable and shall further set forth that in case of the nonpayment of the
annual principal or interest payment due by the purchaser, or any person claiming under the
purchaser, then the contract for deed, from the time of the failure, is entirely void and of no effect
and the state may be repossessed of the lot or tract and may resell the lot or tract as provided in
sections 16B.281 to 16B.287. In the event the terms and conditions of a contract for deed are
completely fulfilled or if a purchaser makes a lump-sum payment for the subject property in
lieu of entering into a contract for deed, the commissioner shall sign and cause to be issued a
quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by the
attorney general and shall vest in the purchaser all of the state's interest in the subject property
except as provided in section 16B.286.
History: 2004 c 262 art 1 s 5

16B.285 RECORD OF CONTRACTS FOR DEED AND ASSIGNMENTS; EFFECT.
(a) A contract for deed issued for land sold according to sections 16B.281 to 16B.287, or
any assignment thereof, executed and acknowledged as provided by law for the execution and
acknowledgment of deeds, may be recorded in the office of the county recorder of any county in
the state in the same manner and with like effect as deeds are therein recorded. The contract for
deed entitles the purchaser, or the heirs and assigns of the purchaser, to the exclusive possession
of the land therein described, provided its terms have been in all respects complied with, and
the contract for deed and the record thereof is conclusive evidence of title in the purchaser, or
the heirs and assigns of the purchaser, for all purposes and against all persons, except the state
of Minnesota in case of forfeiture.
(b) When a contract for deed or partial interest in a contract for deed is assigned, the
assignment must be made on a form provided by the commissioner, executed by the assignor and
assignee, and consented to by the commissioner. An assignment of a partial interest must state
that payment to date has been made to the commissioner.
(c) When the assignee satisfies the terms of the assignment and corresponding terms of the
contract for deed, the commissioner shall issue a deed to the assignee.
History: 2004 c 262 art 1 s 6

16B.286 RESERVATION OF MINERALS.
The state reserves for its own use all the iron, coal, copper, and other valuable minerals in or
upon all lands that may be sold under sections 16B.281 to 16B.287 and any contract for deed or
quitclaim deed shall contain a clause reserving all such minerals for the use of the state.
History: 2004 c 262 art 1 s 7

16B.287 DISPOSITION OF PROCEEDS FROM SURPLUS STATE-OWNED LAND.
    Subdivision 1. Payment of expenses. Money received from the sale of surplus state-owned
land according to sections 16B.281 to 16B.287 shall be credited to the general fund except as
provided in this section.
    Subd. 2. Payment of expenses. A portion of the proceeds from the sale equal in amount
to the survey, appraisal, legal, advertising, and other expenses incurred by the commissioner or
other state official in rendering the property salable shall be remitted to the account from which
the expenses were paid and are appropriated and immediately available for expenditure in the
same manner as other money in the account.
History: 2004 c 262 art 1 s 8

16B.29 [Repealed, 1998 c 386 art 1 s 35]

16B.295 NOTICE OF DOCUMENTS TO LIBRARIES.
The commissioner of administration shall make available to educational institution libraries
and public libraries documents the Department of Administration receives, does not need, and
would otherwise discard. For purposes of this section, "documents" has the meaning given in
section 3.302, subdivision 3.
History: 1986 c 320 s 1

16B.296 TRANSFER OF REAL PROPERTY.
Notwithstanding any law to the contrary, real property purchased in whole or in part with
state funds may not be transferred for less than the appraised value, or if the property has not been
appraised, for less than the fair market value as determined by the commissioner of administration.
This section does not apply to a department listed in section 15.01, the Minnesota State Colleges
and Universities, the University of Minnesota, or a political subdivision of the state.
History: 2005 c 156 art 2 s 19

16B.30 GENERAL AUTHORITY.
(a) Subject to other provisions in this chapter, the commissioner shall supervise and control
the making of all contracts for the construction of buildings and for other capital improvements to
state buildings and structures, other than buildings and structures under the control of the Board
of Trustees of the Minnesota State Colleges and Universities. Except as provided in paragraphs
(b) and (c), a state agency may not undertake improvements of a capital nature without specific
legislative authority.
(b) Specific legislative authority is not required for repairs or minor capital projects financed
with operating appropriations or agency receipts that:
(1) are undertaken for asset preservation or code compliance purposes; or
(2) do not materially increase the net square footage of a facility; and in either case
(3) do not materially increase the cost of agency programs.
(c) Unless the commissioner determines that an urgency exists, the commissioner of an
agency undertaking a project with a cost in excess of $50,000 pursuant to paragraph (b) shall
notify the chairs of the senate Finance Committee, the house Capital Investment Committee, the
house Ways and Means Committee, the appropriate house and senate finance divisions, and the
director of the Legislative Coordinating Commission prior to incurring any contractual obligation
with regard to the project. Any agency undertaking any project pursuant to this paragraph during
fiscal year 1999 must report all such projects to the legislature by January 1, 2000.
History: 1984 c 544 s 35; 1992 c 558 s 34; 1996 c 395 s 18; 1996 c 457 s 5; 1998 c 404 s
33; 1999 c 240 art 1 s 16

16B.305 CAPITAL BUDGET REQUESTS.
    Subdivision 1. Architectural and cost standards. The commissioner shall discuss various
architectural and cost standards with experts from the public and private sector and recommend
the use of appropriate design and cost standards for all capital budget requests.
    Subd. 2. Review of requests. The commissioner shall review agency requests for state
buildings and help agencies prepare adequate plans for use in presenting their capital budget
requests to the commissioner of finance, the governor, and the legislature. The commissioner shall
provide information on how a building project is consistent with the department's long-range
strategic plan for locating state agencies in the commissioner's recommendations on a request.
    Subd. 3. Consultation required. State agencies and other public bodies considering capitol
area projects shall consult with the Capitol Area Architectural and Planning Board before
developing plans for capital improvements or capital budget proposals for submission to the
legislature and governor. The board shall provide to the governor and legislature a statement as
to the request's impact upon the capitol area and its compatibility with the comprehensive plan
for the capitol area.
History: 1991 c 342 s 6; 1994 c 643 s 41

16B.307 ASSET PRESERVATION APPROPRIATIONS.
    Subdivision 1. Standards. Article XI, section 5, clause (a), of the Constitution requires that
state general obligation bonds be issued to finance only the acquisition or betterment of public
land, buildings, and other public improvements of a capital nature. Money appropriated for asset
preservation, whether from state bond proceeds or from other revenue, is subject to the following
additional limitations:
(a) An appropriation for asset preservation may not be used to acquire new land nor to
acquire or construct new buildings, additions to buildings, or major new improvements.
(b) An appropriation for asset preservation may be used only for a capital expenditure on a
capital asset previously owned by the state, within the meaning of generally accepted accounting
principles as applied to public expenditures. The commissioner of administration will consult
with the commissioner of finance to the extent necessary to ensure this and will furnish the
commissioner of finance a list of projects to be financed from the account in order of their priority.
The legislature assumes that many projects for preservation and replacement of portions of
existing capital assets will constitute betterments and capital improvements within the meaning of
the Constitution and capital expenditures under generally accepted accounting principles, and will
be financed more efficiently and economically under this section than by direct appropriations
for specific projects.
(c) Categories of projects considered likely to be most needed and appropriate for asset
preservation appropriations are the following:
(1) projects to remove life safety hazards, like building code violations or structural defects.
Notwithstanding paragraph (a), a project in this category may include an addition to an existing
building if it is a required component of the hazard removal project;
(2) projects to eliminate or contain hazardous substances like asbestos or lead paint;
(3) major projects to replace or repair roofs, windows, tuckpointing, mechanical or electrical
systems, utility infrastructure, tunnels, site renovations necessary to support building use, and
structural components necessary to preserve the exterior and interior of existing buildings; and
(4) projects to renovate parking structures.
(d) Up to ten percent of an appropriation subject to this section may be used for design costs
for projects eligible to be funded under this section in anticipation of future asset preservation
appropriations.
    Subd. 2. Report. By January 15 of each year, the commissioner of an agency that has
received an appropriation for asset preservation shall submit to the commissioner of finance,
the chairs of the legislative committees or divisions that currently oversee the appropriations
to the agency, and to the chairs of the senate and house of representatives Capital Investment
Committees, a list of the projects that have been funded with money under this program during
the preceding calendar year, as well as a list of those priority asset preservation projects for which
state bond proceeds fund appropriations will be sought during that year's legislative session.
History: 2006 c 258 s 30

16B.31 COMMISSIONER MUST APPROVE PLANS.
    Subdivision 1. Construction plans and specifications; design-build, construction
manager at risk, or job order contracting. (a) The commissioner shall (1) have plans and
specifications prepared for the construction, alteration, or enlargement of all state buildings,
structures, and other improvements except highways and bridges, and except for buildings and
structures under the control of the Board of Regents of the University of Minnesota or of the
Board of Trustees of the Minnesota State Colleges and Universities; (2) approve those plans and
specifications; (3) advertise for bids and award all contracts in connection with the improvements;
(4) supervise and inspect all work relating to the improvements; (5) approve all lawful changes in
plans and specifications after the contract for an improvement is let; and (6) approve estimates for
payment. This subdivision does not apply to the construction of the Zoological Gardens.
(b) MS 2002 [Expired]
(c) MS 2002 [Expired]
(d) Notwithstanding any other law to the contrary, the commissioner may:
(1) use a design-build method of project delivery and award a design-build contract as
provided in sections 16C.32 and 16C.33;
(2) use a construction manager at risk method of project delivery and award a construction
manager at risk contract on the basis of the selection criteria described in section 16C.34; or
(3) use a job order contracting contractor selection as described in section 16C.35.
(e) The commissioner may require a primary designer and a construction manager at risk,
by contract, to cooperate in the design, planning and scheduling, and construction process. The
contract must not make the primary designer or construction manager at risk a subcontractor or
joint venture partner to the other or limit the primary designer's or construction manager at risk's
independent obligations to the commissioner.
(f) For projects undertaken by the Minnesota State Colleges and Universities system, the
powers and duties granted in paragraphs (d) and (e) may be exercised by its board of trustees.
    Subd. 2. Appropriations. Plans must be paid for out of money appropriated for the purpose
of improving or constructing the building. No part of the balance may be expended until the
commissioner has secured suitable plans and specifications, prepared by a competent architect
or engineer, and accompanied by a detailed statement of the cost, quality, and description of all
material and labor required for the completion of the work. No plan may be adopted, and no
improvement made or building constructed by the commissioner or any other agency to whom
an appropriation is made for a capital improvement, that contemplates the expenditure for its
completion of more money than the appropriation for it, unless otherwise provided in this section
or the act making the appropriation. The commissioner or other agency may not direct or permit
any expenditure beyond that appropriated, and any agent of the commissioner violating this
provision is guilty of a gross misdemeanor.
    Subd. 3. Federal aid. (a) Application for aid. The commissioner, or any other agency to
whom an appropriation is made for a capital improvement, shall apply for the maximum federal
share for each project.
(b) Acceptance of aid. The commissioner is the state agency empowered to accept money
provided for or made available to this state by the United States of America or any federal
department or agency for the construction and equipping of any building for state purposes not
otherwise provided for by law, other than University of Minnesota buildings, in accordance with
the provisions of federal law and any rules or regulations promulgated under federal law. The
commissioner may do whatever is required of this state by federal law, rules, and regulations in
order to obtain the federal money.
(c) Federal funds considered part of appropriation. The commissioner may after
consultation with the chairs of the senate Finance Committee and house of representatives Ways
and Means Committee, adopt a plan, provide for an improvement, or construct a building that
contemplates expenditure for its completion of more money than the appropriation for it, if the
excess money is provided by the United States government and granted to the state of Minnesota
under federal law or any rule or regulation promulgated under federal law. This federal money, for
the purpose of this section, is a part of the appropriation for the project.
(d) Delayed federal money. If an amount is payable to a creditor of the state from a project
account which is financed partly with federal money and the project is included in appropriations
made to the commissioner for public buildings and equipment, and the amount cannot be paid
on time because of a deficiency of money in the project account caused by a delay in the
receipt of federal money, the commissioner may provide money needed to pay the amount by
temporarily transferring the sum to the project account from any other appropriation made to the
commissioner in the same act. Required money for a payment is appropriated for that purpose.
When the delayed federal money is received, the commissioner shall have the amount of money
transferred returned to the account from which it came.
    Subd. 4. Capitol Area Architectural and Planning Board. (a) Comprehensive use plan;
competitions. Notwithstanding any provision of this section to the contrary, plans for proposed
new buildings and for features of existing public buildings in the Capitol Area which the Capitol
Area Architectural and Planning Board consider to possess architectural significance are subject
to sections 15B.03, subdivision 3; 15B.08, subdivision 2; 15B.10; and 15B.15, subdivision 4.
(b) Approval required. The preparation of plans and specifications for the Capitol Area, as
defined in section 15B.02, may not be initiated, contracted for, or conducted without consultation
with the Capitol Area Architectural and Planning Board to the extent the plans and specifications
involve the public and ceremonial areas and the exterior of the Capitol building and the lobbies,
public concourses, and other features of other public buildings in the Capitol Area which the
Capitol Area Architectural and Planning Board considers to have architectural significance. The
commissioner may not approve or adopt plans or specifications for the Capitol Area unless they
have been approved by the Capitol Area Architectural and Planning Board. The Capitol Area
Architectural and Planning Board must also be advised of and approve changes in plans and
specifications which affect projects within the Capitol Area.
    Subd. 5. Methods of acquisition. If money has been appropriated to the commissioner to
acquire lands or sites for public buildings or real estate, the acquisition may be by gift, purchase,
or condemnation proceedings. Condemnation proceedings must be under chapter 117.
    Subd. 6. State buildings. (a) The commissioner of administration, in cooperation with
the commissioner of finance shall:
(1) establish a state building classification system for state-owned buildings, with each
class representing a different quality of building construction, to be incorporated into the capital
budget format and instructions; and
(2) create and maintain an inventory of all major state buildings and office space owned or
leased by the state, including a classification system on the condition and suitability of each
major building.
(b) The commissioner of administration shall present to the legislature a supportable cost
analysis whenever the commissioner proposes, for the purpose of providing state agency office
space, to:
(1) enter into a lease for more than 50,000 square feet or for more than ten years;
(2) enter into a lease-purchase agreement or an agreement to lease with option to buy
property;
(3) purchase an existing building; or
(4) construct a new building.
    Subd. 7. Department may keep litigation money. Notwithstanding any law to the contrary,
the Department of Administration may keep money received from successful litigations by or
against the department involving capital improvements to state buildings. Awards made to the
state or the department resulting from litigation against or by the department must be kept by
the department to the credit of the account or accounts from which the litigation and capital
improvement project were originally funded. Awards may be used to pay for litigation costs and
the cost to correct the deficiencies which were the subject of the litigation. The department shall
report on any awards it receives as part of its biennial budget request.
History: 1984 c 544 s 36; 1986 c 444; 1989 c 300 art 1 s 25,26; 1990 c 610 art 1 s 41; 1992
c 514 s 7; 1992 c 558 s 35; 1996 c 395 s 18; 1996 c 457 s 6; 1999 c 250 art 1 s 56; 2002 c 393 s
37; 2003 c 17 s 2; 2004 c 284 art 2 s 8; 2005 c 10 art 1 s 11; 2005 c 78 s 1

16B.32 ENERGY USE.
    Subdivision 1. Alternative energy sources. Plans prepared by the commissioner for a
new building or for a renovation of 50 percent or more of an existing building or its energy
systems must include designs which use active and passive solar energy systems, earth sheltered
construction, and other alternative energy sources where feasible.
    Subd. 2. Energy conservation goals. The commissioner of administration in consultation
with the commissioner of commerce, in cooperation with one or more public utilities or
comprehensive energy services providers, may conduct a shared-savings program involving
energy conservation expenditures on state-owned and wholly state-leased buildings. The public
utility or energy services provider shall contract with appropriate state agencies to implement
energy efficiency improvements in the selected buildings. A contract must require the public
utility or energy services provider to include all energy efficiency improvements in selected
buildings that are calculated to achieve a cost payback within ten years. The contract must require
that the public utility or energy services provider be repaid solely from energy cost savings and
only to the extent of energy cost savings. Repayments must be interest-free. The goal of the
program in this paragraph is to demonstrate that through effective energy conservation the total
energy consumption per square foot of state-owned and wholly state-leased buildings could
exceed existing energy code by at least 30 percent. All agencies must report to the commissioner
of administration their monthly energy usage, building schedules, inventory of energy-consuming
equipment, and other information as needed by the commissioner to manage and evaluate the
program.
    Subd. 3. Gifts. The commissioner may accept gifts for energy efficiency improvements in
state-owned and wholly leased buildings. Energy cost savings from these improvements, up to the
cost of these improvements, shall be deposited in a special revenue fund established in the state
treasury. Money in the special revenue fund is appropriated to the commissioner to implement
further energy efficiency improvements in state-owned or wholly leased buildings.
History: 1984 c 544 s 37; 1991 c 235 art 5 s 1,3; 1994 c 632 art 3 s 32; 1994 c 634 art
1 s 3; 1995 c 254 art 1 s 91; 1999 c 250 art 1 s 57,115; 2001 c 162 s 4; 2001 c 212 art 1 s 1;
1Sp2001 c 4 art 6 s 7; 2002 c 379 art 1 s 114

16B.325 SUSTAINABLE BUILDING GUIDELINES.
The Department of Administration and the Department of Commerce, with the assistance of
other agencies, shall develop sustainable building design guidelines for all new state buildings
by January 15, 2003. The primary objectives of these guidelines are to ensure that all new state
buildings initially exceed existing energy code, as established in Minnesota Rules, chapter 7676,
by at least 30 percent. The guidelines must focus on achieving the lowest possible lifetime cost
for new buildings and allow for changes in the guidelines that encourage continual energy
conservation improvements in new buildings. The design guidelines must establish sustainability
guidelines that include air quality and lighting standards and that create and maintain a healthy
environment and facilitate productivity improvements; specify ways to reduce material costs; and
must consider the long-term operating costs of the building, including the use of renewable energy
sources and distributed electric energy generation that uses a renewable source or natural gas or a
fuel that is as clean or cleaner than natural gas. In developing the guidelines, the departments shall
use an open process, including providing the opportunity for public comment. The guidelines
established under this section are mandatory for all new buildings receiving funding from the
bond proceeds fund after January 1, 2004.
History: 2001 c 212 art 1 s 2

16B.326 HEATING AND COOLING SYSTEMS; STATE-FUNDED BUILDINGS.
    The commissioner must review and study geothermal and solar thermal applications as
possible uses for heating or cooling for all building projects subject to a predesign review under
section 16B.335 that receive any state funding for replacement of heating or cooling systems.
When practicable, geothermal and solar thermal heating and cooling systems must be considered
when designing, planning, or letting bids for necessary replacement or initial installation of
cooling or heating systems in new or existing buildings that are constructed or maintained with
state funds. The predesign review must include a written plan for compliance with this section
from a project proposer.
    For the purposes of this section, "solar thermal" means a flat plate or evacuated tube with a
fixed orientation that collects the sun's radiant energy and transfers it to a storage medium for
distribution as energy for heating and cooling.
History: 2007 c 77 s 1

16B.328 OUTDOOR LIGHTING FIXTURES MODEL ORDINANCE.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given:
    (1) "energy conservation" means reducing energy use and includes: (i) using a light with
lower wattage; and (ii) using devices such as time controls, motion detectors, or on and off
switches that limit unnecessary use of lighting;
    (2) "cutoff luminaire" means a luminaire in which 2.5 percent or less of the lamp lumens are
emitted above a horizontal plane through the luminaire's lowest part and ten percent or less of the
lamp lumens are emitted at a vertical angle 80 degrees above the luminaire's lowest point;
    (3) "light pollution" means the shining of light produced by a luminaire above the height
of the luminaire and into the sky;
    (4) "lumen" means a unit of luminous flux. One footcandle is one lumen per square foot. For
purposes of this section, the lumen-output values are the initial lumen-output rating of the lamp;
    (5) "luminaire" means a complete lighting unit consisting of a light source and all necessary
mechanical, electrical, and decorative parts; and
    (6) "outdoor lighting fixture" means any type of fixed or movable lighting equipment that
is designed or used for illumination outdoors. The term includes billboard lighting, streetlights,
searchlights, and other lighting used for advertising purposes and area lighting. The term does not
include lighting equipment that is required by law to be installed on motor vehicles or lighting
required for the safe operation of aircraft.
    Subd. 2. Model ordinance. The commissioner of administration, in consultation with the
commissioner of commerce, associations for local governments, and any other interested person,
shall develop a model ordinance that can be adapted for use by cities, counties, and towns,
governing outdoor lighting to reduce light pollution. The model ordinance must address:
    (1) standards for lighting on private property; outdoor advertising; lighting on commercial,
industrial, or institutional property; canopies covering fueling stations; and public streets,
sidewalks, and alleys;
    (2) how illumination levels should be measured;
    (3) possible exemptions, such as for temporary emergency or hazard lighting;
    (4) recommended elements for an exterior lighting plan for a development;
    (5) treatment of nonconforming lighting;
    (6) lighting standards that might apply in special subdistricts;
    (7) light pole maximum heights; and
    (8) light trespass.
History: 2007 c 131 art 1 s 1

16B.33 DESIGNER SELECTION BOARD.
    Subdivision 1. Definitions. As used in this section, the following terms have the meanings
given them:
(a) "Agency" has the meaning given in section 16B.01.
(b) "Architect" means an architect or landscape architect registered to practice under sections
326.02 to 326.15.
(c) "Board" means the state Designer Selection Board.
(d) "Design-build" means the process of entering into and managing a single contract between
the commissioner and the design-builder in which the design-builder agrees to both design and
construct a project as specified in the contract at a guaranteed maximum or a fixed price.
(e) "Design-builder" means a person who proposes to design and construct a project in
accordance with the requirements of section 16C.33.
(f) "Designer" means an architect or engineer, or a partnership, association, or corporation
comprised primarily of architects or engineers or of both architects and engineers.
(g) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.
(h) "Person" includes an individual, corporation, partnership, association, or any other
legal entity.
(i) "Primary designer" means the designer who is to have primary design responsibility
for a project, and does not include designers who are merely consulted by the user agency and
do not have substantial design responsibility, or designers who will or may be employed or
consulted by the primary designer.
(j) "Project" means an undertaking to construct, erect, or remodel a building by or for the
state or an agency.
(k) "User agency" means the agency undertaking a specific project. For projects undertaken
by the state of Minnesota, "user agency" means the Department of Administration or a state
agency with an appropriate delegation to act on behalf of the Department of Administration.
    Subd. 2. Organization of board. (a) Membership. The state Designer Selection Board
consists of seven individuals, the majority of whom must be Minnesota residents. Each of the
following four organizations shall nominate one individual whose name and qualifications shall
be submitted to the commissioner of administration for consideration: the Consulting Engineers
Council of Minnesota after consultation with other professional engineering societies in the
state; the AIA Minnesota; the Minnesota chapter of the Associated General Contractors after
consultation with other commercial contractor associations in the state; and the Minnesota
Board of the Arts. The commissioner may appoint the four named individuals to the board but
may reject a nominated individual and request another nomination. The fifth member shall be a
representative of the user agency, the University of Minnesota, or the Minnesota State Colleges
and Universities, designated by the user agency. The remaining two citizen members shall also
be appointed by the commissioner.
(b) Nonvoting member. In addition to the seven members of the board, one nonvoting
member representing the commissioner shall participate in the interviewing and selection of
designers pursuant to this section.
(c) Terms; compensation; removal; vacancies. The membership terms, compensation,
removal of members, and filling of vacancies on the board are as provided in section 15.0575.
No individual may serve for more than two consecutive terms.
(d) Officers, rules. At its first meeting, the board shall elect a voting member of the board as
chair. The board shall also elect other officers necessary for the conduct of its affairs. The board
shall adopt rules governing its operations and the conduct of its meetings. The rules shall provide
for the terms of the chair and other officers.
(e) Meetings. The board shall meet as often as is necessary, not less than twice annually, in
order to act expeditiously on requests submitted to it for selection of primary designers.
(f) Office, staff, records. The Department of Administration shall provide the board with
suitable quarters to maintain an office, hold meetings, and keep records. The commissioner shall
designate an employee of the Department of Administration to serve as executive secretary to the
board and shall furnish a secretarial staff to the board as necessary for the expeditious conduct of
the board's duties and responsibilities.
    Subd. 3. Agencies must request designer. (a) Application. Upon undertaking a project with
an estimated cost greater than $2,000,000 or a planning project with estimated fees greater than
$200,000, every user agency, except the Capitol Area Architectural and Planning Board, shall
submit a written request for a primary designer for its project to the commissioner, who shall
forward the request to the board. The University of Minnesota and the Minnesota State Colleges
and Universities shall follow the process in subdivision 3a to select designers for their projects.
The written request must include a description of the project, the estimated cost of completing the
project, a description of any special requirements or unique features of the proposed project, and
other information which will assist the board in carrying out its duties and responsibilities set
forth in this section.
(b) Reactivated project. If a project for which a designer has been selected by the board
becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations, or
other reasons, the commissioner, the Minnesota State Colleges and Universities, or the University
of Minnesota may, if the project is reactivated, retain the same designer to complete the project.
(c) Fee limit reached after designer selected. If a project initially estimated to be below
the cost and planning fee limits of this subdivision has its cost or planning fees revised so that
the limits are exceeded, the project must be referred to the board for designer selection even if
a primary designer has already been selected. In this event, the board may, without conducting
interviews, elect to retain the previously selected designer if it determines that the interests of the
state are best served by that decision and shall notify the commissioner of its determination.
    Subd. 3a. Higher education projects. (a) When the University of Minnesota or the
Minnesota State Colleges and Universities undertakes a project involving construction or major
remodeling, as defined in section 16B.335, subdivision 1, with an estimated cost greater than
$2,000,000 or a planning project with estimated fees greater than $200,000, the system shall
submit a written request for a primary designer to the commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to the commissioner as provided in
subdivision 3.
(c) For projects at the University of Minnesota or the State Colleges and Universities, the
board shall select at least two primary designers under subdivision 4 for recommendation to the
Board of Regents or the Board of Trustees. Meeting records or written evaluations that document
the final selection are public records. The Board of Regents or the Board of Trustees shall notify
the commissioner of the designer selected from the recommendations.
    Subd. 4. Designer selection process. (a) Publicity. Upon receipt of a request from a user
agency for a primary designer, the board shall publicize the proposed project in order to determine
the identity of designers interested in the design work on the project. The board shall establish
criteria for the selection process and make this information public, and shall compile data on and
conduct interviews of designers. The board's selection criteria must include consideration of each
interested designer's performance on previous projects for the state or any other person. Upon
completing the process, the board shall select the primary designer and shall state its reasons
in writing. If the board's vote for the selection of a primary designer results in a tie vote, the
nonvoting member appointed under subdivision 2, paragraph (b), must vote for the selection of the
primary designer. Notification to the commissioner of the selection shall be made not more than 60
days after receipt from a user agency of a request for a primary designer. The commissioner shall
promptly notify the designer and the user agency. The commissioner shall negotiate the designer's
fee and prepare the contract to be entered into between the designer and the user agency.
(b) Conflict of interest. A board member may not participate in the review, discussion, or
selection of a designer or firm in which the member has a financial interest.
(c) Selection by commissioner. In the event the board receives a request for a primary
designer on a project, the estimated cost of which is less than the limit established by subdivision
3, or a planning project with estimated fees of less than the limit established by subdivision
3, the board may submit the request to the commissioner of administration, with or without
recommendations, and the commissioner shall thereupon select the primary designer for the
project.
(d) Second selection. If the designer selected for a project declines the appointment or is
unable to reach agreement with the commissioner on the fee or the terms of the contract, the
commissioner shall, within 60 days after the first appointment, request the board to make another
selection.
(e) Sixty days to select. If the board fails to make a selection and forward its recommendation
to the commissioner within 60 days of the user agency's request for a designer, the commissioner
may appoint a designer to the project without the recommendation of the board.
(f) Less than satisfactory performance. The commissioner, or the University of Minnesota
and the Minnesota State Colleges and Universities for projects under their supervision, shall
forward to the board a written report describing each instance in which the performance of a
designer selected by the board or the commissioner has been less than satisfactory. Criteria for
determining satisfaction include the ability of the designer to complete design work on time, to
provide a design responsive to program needs within the constraints of the budget, to solve design
problems and achieve a design consistent with the proposed function of the building, to avoid
costly design errors or omissions, and to observe the construction work. These reports are public
data and are available for inspection under section 13.03.
    Subd. 5.[Expired]
History: 1984 c 544 s 38; 1985 c 285 s 5; 1986 c 444; 1992 c 514 s 8; 1996 c 398 s 7-10;
2000 c 384 s 1,2; 2001 c 33 s 1; 2002 c 393 s 38; 1Sp2003 c 8 art 1 s 4; 2005 c 78 s 2; 2005 c
156 art 2 s 20

16B.335 REVIEW OF PLANS AND PROJECTS.
    Subdivision 1. Construction and major remodeling. (a) The commissioner, or any other
recipient to whom an appropriation is made to acquire or better public lands or buildings or other
public improvements of a capital nature, must not prepare final plans and specifications for any
construction, major remodeling, or land acquisition in anticipation of which the appropriation
was made until the agency that will use the project has presented the program plan and cost
estimates for all elements necessary to complete the project to the chair of the senate Finance
Committee and the chair of the house Ways and Means Committee and the chairs have made
their recommendations, and the chair of the house Capital Investment Committee is notified.
"Construction or major remodeling" means construction of a new building, a substantial addition
to an existing building, or a substantial change to the interior configuration of an existing building.
The presentation must note any significant changes in the work that will be done, or in its cost,
since the appropriation for the project was enacted or from the predesign submittal. The program
plans and estimates must be presented for review at least two weeks before a recommendation is
needed. The recommendations are advisory only. Failure or refusal to make a recommendation is
considered a negative recommendation. The chairs of the senate Finance Committee, the house
Capital Investment Committee, and the house Ways and Means Committee must also be notified
whenever there is a substantial change in a construction or major remodeling project, or in its cost.
(b) Capital projects exempt from the requirements of this subdivision include demolition
or decommissioning of state assets, hazardous material projects, utility infrastructure projects,
environmental testing, parking lots, exterior lighting, fencing, highway rest areas, truck stations,
storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails,
pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites,
harbors, sewer separation projects, water and wastewater facilities, port development projects for
which the commissioner of transportation has entered into an assistance agreement under section
457A.04, ice centers, a local government project with a construction cost of less than $1,500,000,
or any other capital project with a construction cost of less than $750,000.
    Subd. 2. Other projects. All other capital projects for which a specific appropriation is
made must not proceed until the recipient undertaking the project has notified the chair of the
senate Finance Committee, the chair of the house Capital Investment Committee, and the chair of
the house Ways and Means Committee that the work is ready to begin. Notice is not required
for capital projects needed to comply with the Americans with Disabilities Act or funded by an
agency's operating budget or by a capital asset preservation and replacement account under
section 16A.632, or a higher education capital asset preservation and renewal account under
section 135A.046.
    Subd. 3. Predesign requirement. The definitions in paragraphs (a) and (b) apply to this
section.
(a) "Predesign" means the stage in the development of a project during which the purpose,
scope, cost, and schedule of the complete project are defined and instructions to design
professionals are produced.
(b) "Design" means the stage in the development of a project during which schematic, design
development, and contract documents are produced.
(c) A recipient to whom an appropriation is made for a project subject to review under
subdivision 1 or notice under subdivision 2 shall prepare a predesign package and submit it to
the commissioner for review and recommendation before proceeding with design activities.
The commissioner must complete the review and recommendation within ten working days
after receiving it. Failure to review and recommend within the ten days is considered a positive
recommendation. The predesign package must be sufficient to define the purpose, scope, cost,
and schedule of the project and must demonstrate that the project has been analyzed according
to appropriate space needs standards. All predesign, design, and construction projects shall
include consideration of the state of Minnesota's correctional industries program, MINNCOR
Industries, consistent with section 16B.181, subdivision 2, paragraph (c), in predesign planning
and product specifications.
(d) This subdivision does not apply to capital projects for park buildings owned by a local
government unit in the metropolitan area defined in section 473.121, subdivision 2.
    Subd. 4. Energy conservation. A recipient to whom a direct appropriation is made for a
capital improvement project shall ensure that the project complies with the applicable energy
conservation standards contained in law, including sections 216C.19 to 216C.20, and rules
adopted thereunder. The recipient may obtain information and technical assistance from the State
Energy Office in the Department of Commerce on energy conservation and alternative energy
development relating to the planning and construction of the capital improvement project.
    Subd. 5. Information technology. Agency requests for construction and remodeling funds
shall include money for cost-effective information technology investments that would enable
an agency to reduce its need for office space, provide more of its services electronically, and
decentralize its operations. The Office of Enterprise Technology must review and approve
the information technology portion of construction and major remodeling program plans
before the plans are submitted to the chairs of the senate Finance Committee and the house of
representatives Ways and Means Committee for their recommendations and the chair of the house
of representatives Capital Investment Committee is notified as required by subdivision 1.
    Subd. 6. Information technology review precondition. No state agency or department shall
propose and the legislature shall not consider building or relocation projects without reviewing
implications of utilizing information technology on space utilization.
History: 1989 c 300 art 1 s 27; 1990 c 591 art 6 s 1; 1990 c 610 art 1 s 42; 1992 c 513 art 4
s 23; 1993 c 4 s 11; 1994 c 643 s 42-45; 1Sp1995 c 2 art 1 s 24-26; 1996 c 463 s 35; 1997 c 159
art 2 s 5; 1997 c 202 art 3 s 35; 1997 c 246 s 11; 1998 c 404 s 34; 1999 c 86 art 1 s 9; 1Sp2001 c
4 art 6 s 8; 1Sp2001 c 12 s 12; 2002 c 393 s 39; 2005 c 156 art 5 s 23

16B.34 INMATE LABOR.
At a state institution or state park or in the maintenance of a state armory, an appropriation
for construction, improvements, or maintenance may be expended through the use of inmate or
project labor when authorized by the commissioner with the concurrence of the head of the
interested state department.
History: 1984 c 544 s 39

16B.35 ART IN STATE BUILDINGS.
    Subdivision 1. Percent of appropriations for art. An appropriation for the construction
or alteration of any state building may contain an amount not to exceed one percent of the total
appropriation for the building for the acquisition of works of art, excluding landscaping, which
may be an integral part of the building or its grounds, attached to the building or grounds or
capable of being displayed in other state buildings. Money used for this purpose is available only
for the acquisition of works of art to be exhibited in areas of a building or its grounds accessible,
on a regular basis, to members of the public. No more than ten percent of the total amount
available each fiscal year under this subdivision may be used for administrative expenses, either
by the commissioner of administration or by any other entity to whom the commissioner delegates
administrative authority. For the purposes of this section "state building" means a building the
construction or alteration of which is paid for wholly or in part by the state.
    Subd. 1a. Not in prisons. Notwithstanding subdivision 1, no part of a state appropriation
may be used to acquire or install works of art in a state correctional facility.
    Subd. 1b. Exception. A prohibition on using state appropriations to pay for art in correctional
facilities does not apply to art produced through programming in correctional facilities.
    Subd. 2. Exempt buildings. A building for which the appropriation is less than $500,000
for construction or alteration or a building for which the commissioner of administration has
determined that this section is inappropriate is exempt from the requirements of this section.
    Subd. 3. Unused funds. If an amount made available under subdivision 1 is not expended
for works of art for the building, the unexpended portion is available to the Minnesota Board of
the Arts for the commission or purchase of works of art for state buildings existing or for which
an appropriation was made prior to June 15, 1983, and is not available to pay construction costs
of the building.
    Subd. 4. Campuses. Art for a building on a public college or university campus shall be
selected by the campus, in consultation with the Arts Board. Consideration of the artwork of
faculty and students on that campus is encouraged.
    Subd. 5. Contractor's bond not required. Sections 574.26 to 574.32 do not apply to this
section.
History: 1984 c 544 s 40; 1996 c 398 s 11; 1997 c 202 art 2 s 25; 1999 c 126 s 2; 1999 c
216 art 4 s 1; 1Sp2003 c 1 art 2 s 40; 2007 c 148 art 2 s 21

16B.36 INVESTIGATIONS.
    Subdivision 1. Authority. The commissioner may examine, investigate, or make a survey of
the organization, administration, and management of state agencies and institutions under their
control, and may assist state agencies by providing analytical, statistical, and organizational
development services to them in order to secure greater efficiency and economy through
reorganization or consolidation of agencies or functions and to eliminate duplication of function,
effort, or activity, so far as possible. The commissioner shall periodically submit to the legislature
a list of the studies being conducted for this purpose and any future studies scheduled at the time
the list is submitted. For purposes of this section, the Minnesota State Colleges and Universities is
a state agency.
    Subd. 2. Hearings. The commissioner shall recommend to the legislature any necessary
changes in the laws of the state as a result of a survey or investigation, or otherwise, in order
to secure a better organization of the state government or greater efficiency and economy in
administration. For this purpose, the commissioner may hold hearings, and issue subpoenas for
and compel the attendance of witnesses, the giving of testimony, and the production of books,
records, accounts, documents, and papers, as provided in section 15.08.
History: 1984 c 544 s 41; 1Sp1985 c 13 s 123; 1991 c 345 art 1 s 61; 1996 c 398 s 12

16B.37 REORGANIZATION OF AGENCIES.
    Subdivision 1. Commissioner's authority. To improve efficiency and avoid duplication, the
commissioner may transfer personnel, powers, or duties, or any combination of them, from a state
agency to another state agency that has been in existence for at least one year prior to the date of
transfer. A transfer must have received the prior approval of the governor. The commissioner shall
no later than January 15 of each year submit to the legislature a bill making all statutory changes
required by reorganization orders issued by the commissioner during the preceding calendar year.
For purposes of this section, the Minnesota State Colleges and Universities is a state agency.
    Subd. 2. Reorganization order. A transfer made pursuant to subdivision 1 must be in the
form of a reorganization order. A proposed reorganization order must be submitted to the chairs of
the governmental operations committees in the house of representatives and the senate at least 30
days before being filed with the secretary of state. A reorganization order must be filed with the
secretary of state, be uniform in format, and be numbered consecutively. An order is effective
upon filing with the secretary of state and remains in effect until amended or superseded. Copies of
the filed order must be delivered promptly by the commissioner to the secretary of the senate, the
chief clerk of the house, and the chairs of the governmental operations committees in the senate
and house of representatives. A reorganization order which transfers all or substantially all of
the powers or duties or personnel of a department, the Housing Finance Agency, or the Pollution
Control Agency is not effective until it is ratified by concurrent resolution or enacted into law.
    Subd. 3. Appropriation. The commissioner of finance shall determine the fractional part of
the appropriation to the transferor agency that is represented by the transferred personnel, power,
or duty, and that part of the appropriation is reappropriated to the transferee agency.
    Subd. 4. Work of department for another. To avoid duplication and improve efficiency, the
commissioner may direct an agency to do work for another agency or may direct a division or
section of an agency to do work for another division or section within the same agency and shall
require reimbursement for the work. Reimbursements received by an agency are reappropriated to
the account making the original expenditure in accordance with the transfer warrant procedure
established by the commissioner of finance.
    Subd. 5. Employees assigned. With the approval of the governor and by agreement of the
heads of the departments or agencies concerned, any appointive subordinate officer or employee
of a department or agency may be employed by or assigned to perform duties under another
department or agency.
History: 1984 c 544 s 42; 1986 c 444; 1991 c 262 s 1; 1996 c 398 s 13

16B.38 DISSOLVED OR SUSPENDED AGENCIES.
The commissioner shall undertake all necessary administrative functions of an agency which
has been temporarily or permanently dissolved or suspended. These functions may include but
are not limited to: authorizing payment of all obligations of the dissolved or suspended agency
including payroll certifications; serving as custodian for and disposing of all property of the
agency; and, in the event that the agency is only temporarily dissolved or suspended, serving as
its chief administrative officer with all necessary powers until the agency is reconstituted. To
implement these responsibilities the commissioner may spend any necessary money from a
dissolved or suspended agency's appropriation.
History: 1984 c 544 s 43

16B.39 PROGRAMS FOR STATE EMPLOYEES.
    Subdivision 1.[Repealed, 1987 c 365 s 25]
    Subd. 1a. Endowment fund. The commissioner of administration may establish an
endowment fund to reward state agencies and their employees for improving productivity and
service quality. The commissioner shall use gift money to establish the fund. The interest earnings
are appropriated to the commissioner to make agency and employee awards.
    Subd. 2.[Renumbered 43A.319]
History: 1984 c 531 s 3; 1984 c 544 s 44; 1984 c 655 art 2 s 13 subd 1; 1986 c 444; 1987 c
365 s 11; 1989 c 343 s 5; 1993 c 337 s 2; 1999 c 250 art 1 s 114

16B.40 [Repealed, 1997 c 202 art 3 s 36]

16B.405 [Renumbered 16E.15]

16B.41 [Repealed, 1997 c 202 art 3 s 36]

16B.415 [Repealed, 2002 c 298 s 8]

16B.42 [Expired]

16B.43 [Repealed, 1997 c 202 art 3 s 36]

16B.44 [Renumbered 16E.16]

16B.45 FUNCTION OF LEGISLATIVE AUDITOR.
The legislative auditor may conduct performance evaluations of all systems analysis,
information services, and computerization efforts of agencies, the University of Minnesota, and
metropolitan boards, agencies, and commissions. Upon request of the governing body or the state
Information Systems Advisory Council, the legislative auditor shall conduct the same services for
political subdivisions of the state and report the findings to the governor and the legislature. The
cost of these evaluations must be paid by the agencies being evaluated.
History: 1984 c 544 s 50

16B.46 [Renumbered 16E.17]

16B.465    Subdivision 1.[Renumbered 16E.18, subdivision 1]
    Subd. 1a.[Renumbered 16E.18, subd 2]
    Subd. 2.[Repealed by amendment, 1998 c 359 s 9]
    Subd. 3.[Renumbered 16E.18, subd 3]
    Subd. 4.[Renumbered 16E.18, subd 4]
    Subd. 4a.[Renumbered 16E.18, subd 5]
    Subd. 4b.[Renumbered 16E.18, subd 6]
    Subd. 5.[Repealed, 1990 c 506 art 2 s 24]
    Subd. 6.[Renumbered 16E.18, subd 7]
    Subd. 7.[Renumbered 16E.18, subd 8]

16B.466 [Renumbered 16E.19]

16B.467 [Renumbered 16E.20]

16B.47 MICROGRAPHICS.
The commissioner may provide micrographics services and products to meet agency needs.
Within available resources, the commissioner may also provide micrographic services to political
subdivisions. Agency plans and programs for micrographics must be submitted to and receive
the approval of the commissioner prior to implementation. Upon the commissioner's approval,
subsidiary or independent microfilm operations may be implemented in other state agencies. The
commissioner may direct that copies of official state documents be distributed to official state
depositories on microfilm.
History: 1984 c 544 s 52; 1Sp2003 c 1 art 2 s 43

16B.48 GENERAL SERVICES REVOLVING FUNDS.
    Subdivision 1. Reimbursements. Fees prescribed under section 16B.51, for the rendering of
the services provided in that section are deposited in the state treasury by the collecting agency
and credited to the general services revolving fund.
    Subd. 2. Purpose of funds. Money in the state treasury credited to the general services
revolving fund and money that is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate the central mailing service, including purchasing postage and related items and
refunding postage deposits;
(3) to operate a documents service as prescribed by section 16B.51;
(4) to provide services for the maintenance, operation, and upkeep of buildings and grounds
managed by the commissioner of administration;
(5) to operate a materials handling service, including interagency mail and product delivery,
solid waste removal, courier service, equipment rental, and vehicle and equipment maintenance;
(6) to provide analytical, statistical, and organizational development services to state
agencies, local units of government, metropolitan and regional agencies, and school districts;
(7) to operate a records center and provide micrographics products and services; and
(8) to perform services for any other agency. Money may be expended for this purpose only
when directed by the governor. The agency receiving the services shall reimburse the fund for
their cost, and the commissioner shall make the appropriate transfers when requested. The term
"services" as used in this clause means compensation paid officers and employees of the state
government; supplies, materials, equipment, and other articles and things used by or furnished to
an agency; and utility services and other services for the maintenance, operation, and upkeep of
buildings and offices of the state government.
    Subd. 3.[Repealed, 2005 c 156 art 5 s 24]
    Subd. 4. Reimbursements. Except as specifically provided otherwise by law, each agency
shall reimburse the general services revolving funds for the cost of all services, supplies,
materials, labor, and depreciation of equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency. The cost of all publications or other
materials produced by the commissioner and financed from the general services revolving fund
must include reasonable overhead costs. The commissioner of administration shall report the rates
to be charged for the general services revolving funds no later than July 1 each year to the chair of
the committee or division in the senate and house of representatives with primary jurisdiction
over the budget of the Department of Administration. The commissioner of finance shall make
appropriate transfers to the revolving funds described in this section when requested by the
commissioner of administration. The commissioner of administration may make allotments,
encumbrances, and, with the approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner of administration, with the approval
of the commissioner of finance, may require an agency to make advance payments to the revolving
funds in this section sufficient to cover the agency's estimated obligation for a period of at least 60
days. All reimbursements and other money received by the commissioner of administration under
this section must be deposited in the appropriate revolving fund. Any earnings remaining in the
fund established to account for the documents service prescribed by section 16B.51 at the end
of each fiscal year not otherwise needed for present or future operations, as determined by the
commissioners of administration and finance, must be transferred to the general fund.
    Subd. 5. Liquidation. If the general services revolving funds are abolished or liquidated,
the total net profit from the operation of each fund must be distributed to the various funds from
which purchases were made. The amount to be distributed to each fund must bear to the net
profit the same ratio as the total purchases from each fund bears to the total purchases from
all the funds during the same period of time.
History: 1984 c 544 s 53; 1984 c 654 art 2 s 50; 1984 c 655 art 2 s 13 subd 1; 1Sp1985 c 13
s 125; 1986 c 363 s 7; 1988 c 613 s 13; 1989 c 335 art 4 s 10; 1990 c 506 art 2 s 13; 1991 c
345 art 1 s 65; 1994 c 634 art 1 s 10,11; 1996 c 457 s 8; 2000 c 488 art 12 s 15; 1Sp2003 c 1
art 2 s 44; 2005 c 156 art 5 s 4,5

16B.481 FEES FOR TRAINING AND MAINTENANCE.
The commissioner may charge state agencies and political subdivisions a fee for the cost
of energy conservation training and preventive maintenance programs. Fees collected by the
commissioner must be deposited in the state treasury and are appropriated to the commissioner to
pay the cost of the training and maintenance programs.
History: 1987 c 365 s 13

16B.482 [Repealed, 1998 c 386 art 1 s 35]

16B.4821 PROVISION OF MATERIALS AND SERVICES TO MNSCU.
    Subdivision 1. Materials and services available. Notwithstanding any law to the
contrary, the Minnesota State Colleges and Universities may request from the commissioner
of administration any services and materials available to any state agency under this
chapter, including but not limited to purchasing, contracting, leasing, energy conservation,
communications systems, construction, and all other programs and contracts administered by
the Department of Administration, whether administered directly or indirectly by contract or
otherwise. The commissioner of administration shall make reasonable efforts to comply with
any such request. The chancellor of the Minnesota State Colleges and Universities and the
commissioner of administration shall cooperate to identify services and materials available to
state agencies from the Department of Administration.
    Subd. 2. Status requested by chancellor. The Minnesota State Colleges and Universities
shall be a state agency where being a state agency is a prerequisite to obtaining or participating
in any services, materials acquisition, or programs under this chapter which are requested by
the chancellor.
    Subd. 3. Notification. The Minnesota State Colleges and Universities shall be a state agency
for purposes of being included on any state agency's list to receive notices and information
appropriate to the purposes of the Minnesota State Colleges and Universities.
History: 1996 c 398 s 17

16B.483 INTELLECTUAL PROPERTY.
Before executing a contract or license agreement involving intellectual property developed
or acquired by the state, a state agency shall seek review and comment from the attorney general
on the terms and conditions of the contract or agreement.
History: 1994 c 632 art 3 s 33

16B.485 INTERFUND LOANS.
The commissioner may, with the approval of the commissioner of finance, make loans from
an internal service or enterprise fund to another internal service or enterprise fund, and the amount
necessary is appropriated from the fund that makes the loan. The commissioner shall report the
amount and purpose of the loan to the chair of the committee or division in the senate and house
of representatives with primary jurisdiction over the budget of the Department of Administration.
The term of a loan made under this section must be not more than 24 months.
History: 1995 c 254 art 1 s 59; 2000 c 488 art 12 s 16

16B.49 CENTRAL MAILING SYSTEM.
(a) The commissioner shall maintain and operate for state agencies, departments, institutions,
and offices a central mail handling unit. Official, outgoing mail for units in St. Paul must be
delivered unstamped to the unit. The unit shall also operate an interoffice mail distribution system.
The department may add personnel and acquire equipment that may be necessary to operate the
unit efficiently and cost-effectively. Account must be kept of the postage required on that mail,
which is then a proper charge against the agency delivering the mail. To provide funds for the
payment of postage, each agency shall make advance payments to the commissioner sufficient to
cover its postage obligations for at least 60 days. For purposes of this section, the Minnesota State
Colleges and Universities is a state agency.
(b) Notwithstanding paragraph (a) or section 16C.09, the commissioner may approve the
performance of mail-related functions by an agency outside the state's central mail-handling
unit if the agency demonstrates it furthers program effectiveness, better use of services, greater
efficiency, or greater economy in state government.
History: 1984 c 544 s 54; 1994 c 634 art 1 s 13; 1996 c 398 s 18; 1997 c 206 s 4; 1Sp2005 c
6 art 3 s 2

16B.50 [Repealed, 1Sp2003 c 1 art 2 s 136]

16B.51 AGENCY REPORTS.
    Subdivision 1. Supervision by commissioner. The commissioner shall supervise and control
the making and distribution of all reports and other publications of all kinds issued by the state
and state agencies when not otherwise prescribed by law. The commissioner shall also prescribe
the manner and form of issuing reports required by sections 8.08; 16A.50; 35.03; 129D.02,
subdivision 5 ; 256.01; 299C.18; and 360.015, subdivision 17.
    Subd. 2. Prescribe fees. The commissioner may prescribe fees to be charged for services
rendered by the state or an agency in furnishing to those who request them certified copies of
records or other documents, certifying that records or documents do not exist and furnishing other
reports, publications, data, or related material which is requested. The fees, unless otherwise
prescribed by law, may be fixed at the market rate. The commissioner of finance is authorized to
approve the prescribed rates for the purpose of assuring that they, in total, will result in receipts
greater than costs in the fund. Fees prescribed under this subdivision are deposited in the state
treasury by the collecting agency and credited to the general services revolving fund. Nothing in
this subdivision permits the commissioner of administration to furnish any service which is now
prohibited or unauthorized by law.
    Subd. 3. Sale of publications. The commissioner may sell official reports, documents, data,
and publications of all kinds, may delegate their sale to state agencies, and may establish facilities
for their sale within the Department of Administration and elsewhere within the state service. The
commissioner may remit a portion of the price of any publication or data to the agency producing
the publication or data. Money that is remitted to an agency is annually appropriated to that
agency to discharge the costs of preparing the publications or data.
    Subd. 4. Exceptions. This section does not apply to the Regents of the University of
Minnesota or to the State Agricultural Society.
    Subd. 5. Limitations on subject matter prohibited. The commissioner may not adopt rules
to prescribe the fees permitted by subdivision 2 or which limit in any way the subject matter of a
report or publication which the law requires or authorizes an agency to produce.
History: 1984 c 544 s 56; 1984 c 654 art 2 s 45,46; 1984 c 655 art 2 s 13 subd 1; 1987 c 365
s 14; 1987 c 394 s 1; 1994 c 634 art 1 s 14,15; 1998 c 254 art 1 s 6

16B.52 [Repealed, 2005 c 156 art 2 s 52]

16B.53 SALE OF LAWS AND RESOLUTIONS.
    Subdivision 1. Authority. The commissioner shall provide for the sale and distribution
of copies of laws and resolutions on file in the Office of the Secretary of State in accordance
with this section. The secretary of state shall cooperate with the commissioner in furnishing the
services provided for in this section.
    Subd. 2. Charges. The commissioner shall establish charges for those laws and resolutions
sufficient to cover their cost. Fees established for the sale and distribution of laws and resolutions,
including mailing and postage charges, may be accepted by the commissioner in advance, and any
unused portions amounting to $1 or more may be returned to the person entitled to them upon
request, notwithstanding the provision of any other law prohibiting refunds.
    Subd. 3. Revolving fund. Money collected by the commissioner under this section must
be deposited in the general services revolving fund in the state treasury. Money in that fund is
annually appropriated to the commissioner for the purposes of carrying out this section.
History: 1984 c 480 s 15; 1984 c 544 s 58; 1984 c 655 art 2 s 13 subd 1; 1990 c 426 art 1 s 9

16B.531 TRAVEL SERVICES.
The commissioner may offer a centralized travel service to all state departments and
agencies, and to the Minnesota State Colleges and Universities, and may, in connection with
that service, accept payments from travel agencies under contracts for the provision of travel
services. The payments must be deposited in the motor pool revolving account established by
section 16B.54, subdivision 8, and must be used for the expenses of managing the centralized
travel service. Revenues in excess of the management costs of the centralized service must be
returned to the general fund.
History: 1987 c 365 s 15; 1996 c 398 s 19

16B.54 CENTRAL MOTOR POOL; ESTABLISHMENT.
    Subdivision 1. Motor pools. The commissioner shall manage a central motor pool of
passenger motor vehicles and trucks used by state agencies with principal offices in the city of St.
Paul and may provide for branch central motor pools at other places within the state. For purposes
of this section, (1) "agencies" includes the Minnesota State Colleges and Universities, and (2)
"truck" means a pickup or panel truck up to one ton carrying capacity.
    Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of a
passenger motor vehicle or truck currently assigned to it. The transfer must be made to the
commissioner for use in the central motor pool. The commissioner shall reimburse an agency
whose motor vehicles have been paid for with funds dedicated by the Constitution for a special
purpose and which are assigned to the central motor pool. The amount of reimbursement for
a motor vehicle is its average wholesale price as determined from the midwest edition of the
National Automobile Dealers Association official used car guide.
(b) To the extent that funds are available for the purpose, the commissioner may purchase or
otherwise acquire additional passenger motor vehicles and trucks necessary for the central motor
pool. The title to all motor vehicles assigned to or purchased or acquired for the central motor
pool is in the name of the Department of Administration.
(c) On the request of an agency, the commissioner may transfer to the central motor pool any
passenger motor vehicle or truck for the purpose of disposing of it. The department or agency
transferring the vehicle or truck must be paid for it from the motor pool revolving account
established by this section in an amount equal to two-thirds of the average wholesale price of
the vehicle or truck as determined from the midwest edition of the National Automobile Dealers
Association official used car guide.
(d) The commissioner shall provide for the uniform marking of all motor vehicles. Motor
vehicle colors must be selected from the regular color chart provided by the manufacturer each
year. The commissioner may further provide for the use of motor vehicles without marking by:
(1) the governor;
(2) the lieutenant governor;
(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling
Enforcement, and arson investigators of the Division of Fire Marshal in the Department of
Public Safety;
(4) the Financial Institutions Division of the Department of Commerce;
(5) the Division of Disease Prevention and Control of the Department of Health;
(6) the State Lottery;
(7) criminal investigators of the Department of Revenue;
(8) state-owned community service facilities in the Department of Human Services;
(9) the investigative staff of the Department of Employment and Economic Development;
(10) the Office of the Attorney General; and
(11) the investigative staff of the Gambling Control Board.
    Subd. 3. Responsible person; personnel. The commissioner is responsible for the control,
regulation, acquisition, operation, maintenance, repair, and disposal of all motor vehicles of the
central motor pool. The commissioner may employ a director and other necessary classified
employees for the operation of the central motor pool in accordance with chapter 43A.
    Subd. 4. Maintenance, repair, and storage; appropriation. (a) Maintenance, repair,
storage. The commissioner may contract with the head of an agency or another person operating
facilities for the maintenance, repair, and storage of motor vehicles to provide for maintenance,
repair, and storage of motor vehicles of the central motor pool.
(b) Appropriation. Money received by the head of an agency under a contract with
the commissioner under this subdivision is annually appropriated to the agency for the same
purposes as money expended by the agency head for the operation of state-owned facilities for
the maintenance, repair, and storage of motor pool vehicles.
    Subd. 5. Use of motor vehicles. The motor vehicles in the central motor pool are for official
state business only. An agency requiring the services of a motor vehicle shall request it from the
central motor pool on either a temporary or permanent basis. No privately owned motor vehicle
may be used for official state business except when authorized by the commissioner.
    Subd. 6. Schedule of charges. An agency using the facilities of the central motor
pool shall periodically reimburse the commissioner for the services, in accordance with the
schedule of charges the commissioner establishes. This schedule of charges must be based on
the costs incurred in operating the central motor pool, including reasonable overhead costs,
vehicle depreciation, insurance for public liability and property damage, and other costs. The
commissioner must retain records and reports and all schedules used as a basis for charging state
agencies for the services furnished.
    Subd. 7. Exceptions. This section does not apply to motor vehicles of the State Patrol or the
University of Minnesota, or to motor vehicles of any other agency which are specially equipped
for the needs of that agency.
    Subd. 8. Motor pool revolving account. (a) Account established. Money or reimbursements
the commissioner receives from the operation of the central motor pool is deposited in the state
treasury and credited to a motor pool revolving account. Money in the account is annually
appropriated to the commissioner to carry out this section. The motor pool revolving account
may be used to provide material transfer services to agencies.
(b) Unobligated excess transferred. When the unobligated amount of money in the state
treasury credited to the motor pool revolving account exceeds the average monthly operating
expense at the end of the fiscal year, the unobligated amount in excess of one month's operating
expense must be transferred to the general fund in the state treasury.
History: 1984 c 544 s 59; 1Sp1985 c 13 s 126; 1986 c 444; 1989 c 277 art 1 s 1; 1989 c
334 art 6 s 4; 1990 c 506 art 2 s 14; 1990 c 572 s 8; 1991 c 233 s 109; 1992 c 486 s 1; 1994
c 483 s 1; 1996 c 269 s 1; 1996 c 398 s 20; 1997 c 129 art 2 s 1; 1997 c 206 s 6; 1Sp2001 c 8
art 2 s 9; 2004 c 206 s 52

16B.55 USE OF STATE VEHICLES; COMPENSATION FOR USE OF PERSONAL
VEHICLES.
    Subdivision 1. Definition. For purposes of this section, "state vehicle" means a vehicle
owned or leased by the state or loaned to the state.
    Subd. 2. Prohibited uses. A state vehicle may be used only for authorized state business.
A state vehicle may not be used for transportation to or from the residence of a state employee,
except as provided in subdivision 3.
    Subd. 3. Permitted uses. A state vehicle may be used by a state employee to travel to
or from the employee's residence:
(1) on a day on which it may be necessary for the employee to respond to a work-related
emergency during hours when the employee is not normally working;
(2) if the employee has been assigned the use of a state vehicle for authorized state business
on an extended basis, and the employee's primary place of work is not the state work station to
which the employee is permanently assigned;
(3) if the employee has been assigned the use of a state vehicle for authorized state business
away from the work station to which the employee is permanently assigned, and the number of
miles traveled, or the time needed to conduct the business, will be minimized if the employee
uses a state vehicle to travel to the employee's residence before or after traveling to the place
of state business; or
(4) if the employee is authorized to participate in a ridesharing program established by the
commissioner pursuant to section 174.257.
Use of a state vehicle under this subdivision requires the prior approval of the agency head
or the designee of the agency head.
    Subd. 4. Personal vehicles. No state employee shall be compensated by the state for use of a
personal vehicle for travel between the employee's residence and the state work station to which
the employee is permanently assigned, except pursuant to a collective bargaining agreement
negotiated under chapter 179A or a compensation plan adopted by the commissioner of employee
relations under section 43A.05. A collective bargaining agreement or compensation plan may
only provide for this compensation in cases in which an employee is called back to work during
hours when the employee is not normally working.
    Subd. 5. Exclusions. Subdivisions 2 to 4 do not apply to the van pooling program established
in section 16B.56, to a ridesharing program established by the Department of Transportation, to a
trooper employed by the State Patrol, or to use of a state vehicle by the governor or lieutenant
governor.
    Subd. 6. Vehicle operating procedures. The commissioner shall set operating procedures
for use of state vehicles. These operating procedures are not subject to the Administrative
Procedure Act.
History: 1984 c 544 s 60; 1986 c 444; 1988 c 613 s 14,15; 2001 c 7 s 9

16B.56 COMMUTER VANS; USE BY STATE EMPLOYEES AND SPOUSES AND
OTHERS.
    Subdivision 1. Employee transportation program. (a) Establishment. To conserve energy
and alleviate traffic congestion around state offices, the commissioner shall, in cooperation with
the commissioner of transportation, the State Energy Office in the Department of Commerce, and
interested nonprofit agencies, establish and operate an employee transportation program using
commuter vans with a capacity of not less than seven nor more than 16 passengers. Commuter
vans may be used by state employees and others to travel between their homes and their work
locations. However, only state employee drivers may use the van for personal purposes after
working hours, not including partisan political activity. The commissioner shall acquire or lease
commuter vans, or otherwise contract for the provision of commuter vans, and shall make the vans
available for the use of state employees and others in accordance with standards and procedures
adopted by the commissioner. The commissioner shall promote the maximum participation of
state employees and others in the use of the vans.
(b) Administrative policies. The commissioner shall adopt standards and procedures under
this section without regard to chapter 14. The commissioner shall provide for the recovery by the
state of vehicle acquisition, lease, operation, and insurance costs through efficient and convenient
assignment of vans, and for the billing of costs and collection of fees. A state employee using
a van for personal use shall pay, pursuant to the standards and procedures adopted by the
commissioner, for operating and routine maintenance costs incurred as a result of the personal
use. Fees collected under this subdivision shall be deposited in the accounts from which the costs
of operating, maintaining, and leasing or amortization for the specific vehicle are paid.
    Subd. 2. Eligible participants. State employees and their spouses and other people are
eligible for the employee transportation program established by this section, if the driver and
substitute driver of every van pool are state employees and if state employees constitute a majority
of the members of every van pool. Available space in van pools must, whenever possible, be
filled by state employees.
    Subd. 3. Areas of use. Use of the vans pursuant to this section is limited to areas not having
adequate public transportation between the residences of state employees and others and their
places of employment.
    Subd. 4.[Repealed, 1994 c 634 art 1 s 26]
    Subd. 5. Insurance; limitations. Notwithstanding section 15.31 or any other law to the
contrary, the commissioner may purchase, pursuant to this chapter, collision insurance coverage
for the commuter vans. Notwithstanding sections 16B.54, subdivision 2, and 168.012, the vans
may not be marked. The vans may not be equipped with tax-exempt motor vehicle number plates.
    Subd. 6.[Repealed, 1984 c 408 s 4]
History: 1984 c 408 s 1-3; 1984 c 544 s 61; 1984 c 655 art 2 s 13 subd 1; 1987 c 312 art 1
s 10 subd 2; 1Sp2001 c 4 art 6 s 9

16B.57 GASOLINE AND PETROLEUM PRODUCTS, SOURCE OF SUPPLY FOR
AGENCIES.
    Subdivision 1. Petroleum products facilities. The commissioner may require a state agency
which has facilities for the storage and distribution of gasoline and other petroleum products to
furnish gasoline and other petroleum products to any other state agency and shall require payment
to compensate for the cost of those products. The commissioner shall prescribe all procedures for
the guidance of state agencies in carrying out the requirements of this section.
    Subd. 2. Appropriation. Money paid by one state agency to another to compensate for
the cost of products furnished under subdivision 1 is annually appropriated to the state agency
which furnishes those products.
History: 1984 c 544 s 62

16B.58 STATE PARKING FACILITIES.
    Subdivision 1. Powers and duties of commissioner. No person may park a motor vehicle,
either privately or publicly owned, upon any parking lot or facility owned or operated by the state
except as authorized by this section. The commissioner shall operate and supervise all state
parking lots and facilities associated with buildings described in section 16B.24, subdivision 1, or
when the commissioner considers it advisable and practicable, any other parking lots or facilities
owned or rented by the state for the use of a state agency or state employees. The commissioner
may also provide employee shuttle service and promote alternative transportation modes,
including initiatives to increase the number of multi-occupancy vehicles. The commissioner may
fix and collect rents, charges, or fees in connection with and for the use of any state parking lot or
facility within the cities of St. Paul and Minneapolis except for any state lot or facility the control
of which is vested by law in a state agency other than the Department of Administration.
    Subd. 2. Rules. Copies of the commissioner's rules under this section must be provided to
all contract parkers. Each parking lot or facility must be posted with notice of who is entitled to
park there.
    Subd. 3. Removal and impounding of vehicles. A motor vehicle parked on a state
parking lot or facility in violation of the rules of the commissioner is a public nuisance and the
commissioner shall provide for the abatement of the nuisance by rules, including provision for
the removal and impounding of the motor vehicle. The cost of the removal and impounding
is a lien against the motor vehicle until paid.
    Subd. 4. Violations. A person, elective or appointed state official, firm, association,
or corporation which violates any of the provisions of this section or any rule made by the
commissioner under this section is guilty of a misdemeanor.
    Subd. 5. Money collected. Money collected by the commissioner as rents, charges, or fees in
connection with and for the use of a parking lot or facility is appropriated to the commissioner for
the purpose of operating, maintaining, improving, and replacing parking lots or facilities owned
or operated by the state, including providing necessary and suitable uniforms for employees, and
to carry out the purposes of this section, except as provided in subdivision 7.
    Subd. 6. Legislative parking resolutions. The provisions of this section do not affect rules
of parking adopted by resolution of the legislature during legislative sessions.
    Subd. 7.[Repealed, 2001 c 162 s 10]
    Subd. 8.[Repealed, 1997 c 202 art 2 s 64]
History: 1984 c 544 s 63; 1984 c 597 s 30; 1984 c 655 art 2 s 13 subd 1; 1986 c 444; 1990 c
572 s 9; 1992 c 514 s 13; 1994 c 628 art 3 s 6; 1998 c 359 s 10

16B.581 DISTINCTIVE TAX-EXEMPT LICENSE PLATES.
Vehicles owned or leased by the state of Minnesota must display distinctive tax-exempt
license plates unless otherwise exempted under section 168.012. The commissioner shall design
these distinctive plates subject to the approval of the registrar. An administrative fee of $20 and a
license plate fee of $10 for two plates per vehicle or a license plate fee of $5 for one plate per
trailer is paid at the time of registration. The license plate registration is valid for the life of the
vehicle or until the vehicle is no longer owned or leased by the state of Minnesota.
When the state of Minnesota applies for distinctive tax-exempt plates on vehicles previously
owned by local units of government, it shall pay an administrative fee of $10 and a plate fee
that covers the cost of replacement.
History: 1994 c 634 art 1 s 16

16B.59 POLICY AND PURPOSE.
The State Building Code governs the construction, reconstruction, alteration, and repair
of buildings and other structures to which the code is applicable. The commissioner shall
administer and amend a state code of building construction which will provide basic and uniform
performance standards, establish reasonable safeguards for health, safety, welfare, comfort,
and security of the residents of this state and provide for the use of modern methods, devices,
materials, and techniques which will in part tend to lower construction costs. The construction
of buildings should be permitted at the least possible cost consistent with recognized standards
of health and safety.
History: 1984 c 544 s 64; 1995 c 254 art 2 s 1

16B.60 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 16B.59 to 16B.75, the terms defined in
this section have the meanings given them.
    Subd. 2. City. "City" means a home rule charter or statutory city.
    Subd. 3. Municipality. "Municipality" means a city, county, or town, the University of
Minnesota, or the state for public buildings and state licensed facilities.
    Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner of labor
and industry in consultation with each industry board and the Construction Codes Advisory
Council in accordance with sections 16B.59 to 16B.75.
    Subd. 5. Agricultural building. "Agricultural building" means a structure on agricultural
land as defined in section 273.13, subdivision 23, designed, constructed, and used to house
farm implements, livestock, or agricultural produce or products used by the owner, lessee, and
sublessee of the building and members of their immediate families, their employees, and persons
engaged in the pickup or delivery of agricultural produce or products.
    Subd. 6. Public building. "Public building" means a building and its grounds the cost of
which is paid for by the state or a state agency regardless of its cost, and a school district building
project the cost of which is $100,000 or more.
    Subd. 7. Person with a disability. "Person with a disability" or "persons with disabilities"
includes people who have a vision disability, a hearing disability, a disability of coordination,
a disability of aging, or any other disability that significantly reduces mobility, flexibility,
coordination, or perceptiveness.
    Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing public
building in whole or in part in order to bring it into conformity with present uses of the structure
and to which other rules on the upgrading of health and safety provisions are applicable.
    Subd. 9. Historic building. "Historic building" means a state-owned building that is on the
National Register of Historic Places.
    Subd. 10. Equivalent protection. "Equivalent protection" means a measure other than
a code requirement that provides essentially the same protection that would be provided by
a code requirement.
    Subd. 11. State licensed facility. "State licensed facility" means a building and its grounds
that are licensed by the state as a hospital, nursing home, supervised living facility, free-standing
outpatient surgical center, correctional facility, boarding care home, or residential hospice.
    Subd. 12. Designate. "Designate" means the formal designation by a municipality's
administrative authority of a certified building official accepting responsibility for code
administration.
    Subd. 13. Administrative authority. "Administrative authority" means a municipality's
governing body or their assigned administrative authority.
History: 1984 c 544 s 65; 1Sp1985 c 14 art 4 s 3; 1987 c 387 s 1,2; 1989 c 329 art 5 s 1;
1990 c 458 s 1; 1990 c 572 s 10,11; 1994 c 634 art 2 s 1,2; 1995 c 254 art 2 s 2,3; 1Sp2001 c 10
art 2 s 26-28; 2005 c 56 s 1; 2007 c 140 art 4 s 2-5

16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND INDUSTRY.
    Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the commissioner
shall by rule and in consultation with the Construction Codes Advisory Council establish a code
of standards for the construction, reconstruction, alteration, and repair of buildings, governing
matters of structural materials, design and construction, fire protection, health, sanitation, and
safety, including design and construction standards regarding heat loss control, illumination, and
climate control. The code must also include duties and responsibilities for code administration,
including procedures for administrative action, penalties, and suspension and revocation of
certification. The code must conform insofar as practicable to model building codes generally
accepted and in use throughout the United States, including a code for building conservation.
In the preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application of
scientific principles, approved tests, and professional judgment. To the extent possible, the code
must be adopted in terms of desired results instead of the means of achieving those results,
avoiding wherever possible the incorporation of specifications of particular methods or materials.
To that end the code must encourage the use of new methods and new materials. Except as
otherwise provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce
the provisions of those sections.
    The commissioner shall develop rules addressing the plan review fee assessed to similar
buildings without significant modifications including provisions for use of building systems as
specified in the industrial/modular program specified in section 16B.75. Additional plan review
fees associated with similar plans must be based on costs commensurate with the direct and
indirect costs of the service.
    Subd. 1a. Administration by commissioner. The commissioner shall administer and enforce
the State Building Code as a municipality with respect to public buildings and state licensed
facilities in the state. The commissioner shall establish appropriate permit, plan review, inspection
fees, and surcharges for public buildings and state licensed facilities.
    Municipalities other than the state having an agreement with the commissioner for code
administration and enforcement service for public buildings and state licensed facilities shall
charge their customary fees, including surcharge, to be paid directly to the jurisdiction by the
applicant seeking authorization to construct a public building or a state licensed facility. The
commissioner shall sign an agreement with a municipality other than the state for plan review,
code administration, and code enforcement service for public buildings and state licensed
facilities in the jurisdiction if the building officials of the municipality meet the requirements of
section 16B.65 and wish to provide those services and if the commissioner determines that the
municipality has enough adequately trained and qualified building inspectors to provide those
services for the construction project.
    The commissioner may direct the state building official to assist a community that has been
affected by a natural disaster with building evaluation and other activities related to building codes.
    Administration and enforcement in a municipality under this section must apply any optional
provisions of the State Building Code adopted by the municipality. A municipality adopting any
optional code provision shall notify the state building official within 30 days of its adoption.
    The commissioner shall administer and enforce the provisions of the code relating to
elevators statewide, except as provided for under section 16B.747, subdivision 3.
    Subd. 2. Enforcement by certain bodies. Under the direction and supervision of the
commissioner, the provisions of the code relating to electrical installations, plumbing, boilers,
high pressure steam piping and appurtenances, and ammonia refrigeration piping shall be enforced
by the Department of Labor and Industry. Fees for inspections conducted by the commissioner
shall be paid in accordance with the rules of the department. Under direction of the commissioner
of public safety, the state fire marshal shall enforce the State Fire Code as provided in chapter
299F. The commissioner shall adopt amendments to the mechanical code portion of the State
Building Code to implement standards for process piping.
    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 belowground 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) Family and group family day care. Until the legislature enacts legislation specifying
appropriate standards, the definition of dwellings constructed in accordance with the International
Residential Code as adopted as part of 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.
    (f) 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.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) Exit sign illumination. For a new building on which construction is begun on or after
October 1, 1993, or an existing building on which remodeling affecting 50 percent or more of the
enclosed space is begun on or after October 1, 1993, the code must prohibit the use of internally
illuminated exit signs whose electrical consumption during nonemergency operation exceeds 20
watts of resistive power. All other requirements in the code for exit signs must be complied with.
    (k) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed of
(1) heartwood from species of wood having natural resistance to decay or termites, including
redwood and cedars, (2) grades of lumber which contain sapwood from species of wood having
natural resistance to decay or termites, including redwood and cedars, or (3) treated wood. The
species and grades of wood products used to construct the decking surface and upper portions of
exterior decks, patios, and balconies must be made available to the building official on request
before final construction approval.
    (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may be imposed
by municipalities under the State Building Code, except as required under section 326.47,
subdivision 1 . Permits for bioprocess piping shall be according to section 326.47 administered
by the Department of Labor and Industry. All data regarding the material production processes,
including the bioprocess system's structural design and layout, are nonpublic data as provided
by section 13.7911.
    Subd. 3a. Recycling space. The code must require suitable space for the separation,
collection, and temporary storage of recyclable materials within or adjacent to new or significantly
remodeled structures that contain 1,000 square feet or more. Residential structures with fewer
than four dwelling units are exempt from this subdivision.
    Subd. 3b. Radon code. The commissioner of labor and industry shall adopt rules for radon
control as part of the State Building Code for all new residential buildings. These rules shall
incorporate the radon control methods found in the International Residential Code appendix as the
model language, with necessary amendments to coordinate with the other adopted construction
codes in Minnesota.
    Subd. 3c. Window fall prevention device code. The commissioner of labor and industry
shall adopt rules for window fall prevention devices as part of the State Building Code. Window
fall prevention devices include, but are not limited to, safety screens, hardware, guards, and other
devices that comply with the standards established by the commissioner of labor and industry.
The rules shall require compliance with standards for window fall prevention devices developed
by ASTM International, contained in the International Building Code as the model language with
amendments deemed necessary to coordinate with the other adopted building codes in Minnesota.
The rules shall establish a scope that includes the applicable building occupancies, and the types,
locations, and sizes of windows that will require the installation of fall devices. The rules will
be effective July 1, 2009. The commissioner shall report to the legislature on the status of the
rulemaking on or before February 15, 2008.
    Subd. 4. Review of plans for public buildings and state licensed facilities. Construction
or remodeling may not begin on any public building or state licensed facility until the plans
and specifications have been approved by the commissioner or municipality under contractual
agreement pursuant to subdivision 1a. The plans and specifications must be submitted for review,
and within 30 days after receipt of the plans and specifications, the commissioner or municipality
under contractual agreement shall notify the submitting authority of any corrections.
    Subd. 5. Accessibility. (a) Public buildings. The code must provide for making public
buildings constructed or remodeled after July 1, 1963, accessible to and usable by persons with
disabilities, although this does not require the remodeling of public buildings solely to provide
accessibility and usability to persons with disabilities when remodeling would not otherwise
be undertaken.
    (b) Leased space. No agency of the state may lease space for agency operations in a
non-state-owned building unless the building satisfies the requirements of the State Building
Code for accessibility by persons with disabilities, or is eligible to display the state symbol of
accessibility. This limitation applies to leases of 30 days or more for space of at least 1,000
square feet.
    (c) Meetings or conferences. Meetings or conferences for the public or for state employees
which are sponsored in whole or in part by a state agency must be held in buildings that meet
the State Building Code requirements relating to accessibility for persons with disabilities. This
subdivision does not apply to any classes, seminars, or training programs offered by the Minnesota
State Colleges and Universities or the University of Minnesota. Meetings or conferences intended
for specific individuals none of whom need the accessibility features for persons with disabilities
specified in the State Building Code need not comply with this subdivision unless a person with a
disability gives reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must be chosen which
allow hearing impaired participants to see their signing clearly.
    (d) Exemptions. The commissioner may grant an exemption from the requirements of
paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts were
made to secure facilities which complied with those requirements and if the selected facilities
are the best available for access for persons with disabilities. Exemptions shall be granted using
criteria developed by the commissioner in consultation with the Council on Disability.
    (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities, and
grounds which are accessible to and usable by persons with disabilities. In the interests of
uniformity, this symbol is the sole symbol for display in or on all public or private buildings,
facilities, and grounds which qualify for its use. The secretary of state shall obtain the symbol and
keep it on file. No building, facility, or grounds may display the symbol unless it is in compliance
with the rules adopted by the commissioner under subdivision 1. Before any rules are proposed
for adoption under this paragraph, the commissioner shall consult with the Council on Disability.
Rules adopted under this paragraph must be enforced in the same way as other accessibility rules
of the State Building Code.
    (f) Municipal enforcement. Municipalities which have not adopted the State Building Code
may enforce the building code requirements for persons with disabilities by either entering into a
joint powers agreement for enforcement with another municipality which has adopted the State
Building Code; or contracting for enforcement with an individual certified under section 16B.65,
subdivision 3 , to enforce the State Building Code.
    Subd. 6. Energy efficiency. The code must provide for building new low-income housing in
accordance with energy efficiency standards adopted under subdivision 1. For purposes of this
subdivision, low-income housing means residential housing built for low-income persons and
families under a program of a housing and redevelopment authority, the Minnesota Housing
Finance Agency, or another entity receiving money from the state to construct such housing.
    Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building and in
the Capitol that are used by the house of representatives or the senate for legislative hearings,
and the public galleries overlooking the house and senate chambers, must be fitted with assistive
listening devices for the hearing-impaired. Each hearing room and the public galleries must have
a sufficient number of receivers available so that hearing-impaired members of the public may
participate in the committee hearings and public sessions of the house and senate.
    Subd. 8. Separate metering for electric service. The standards concerning heat loss,
illumination, and climate control adopted pursuant to subdivision 1, shall require that electrical
service to individual dwelling units in buildings containing two or more units be separately
metered, with individual metering readily accessible to the individual occupants. The standards
authorized by this subdivision shall only apply to buildings constructed after the effective date
of the amended standards. Buildings intended for occupancy primarily by persons who are 62
years of age or older or disabled, or which contain a majority of units not equipped with complete
kitchen facilities, shall be exempt from the provisions of this subdivision.
History: 1977 c 381 s 18; 1978 c 786 s 2,3; Ex1979 c 2 s 29-31; 1980 c 579 s 9; 1981 c 85 s
5; 1981 c 255 s 2,5; 1981 c 356 s 154-158,248; 1981 c 365 s 9; 1982 c 424 s 23-25,130; 1983 c
301 s 125,126; 1984 c 544 s 66; 1984 c 595 s 1-5; 1984 c 640 s 32; 1984 c 655 art 2 s 13 subd 1;
1984 c 658 s 1; 1985 c 194 s 30; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 3 art 4 s 2; 1987 c 258 s
12; 1987 c 291 s 192,196; 1987 c 312 art 1 s 10 subd 1; 1987 c 354 s 8; 1987 c 387 s 3; 1988 c
608 s 1; 1988 c 685 s 2; 1989 c 82 s 1; 1989 c 209 art 2 s 1; 1989 c 246 s 2; 1989 c 335 art 1 s
65; 1990 c 414 s 1; 1991 c 104 s 1; 1991 c 134 s 1; 1991 c 149 s 2; 1991 c 235 art 3 s 1; 1991 c
240 s 1; 1991 c 337 s 4; 1992 c 597 s 1; 1993 c 327 s 1; 1994 c 480 s 6; 1994 c 567 s 1; 1994 c
634 art 2 s 3,4; 1995 c 100 s 1; 1995 c 166 s 1,2,17; 1995 c 213 art 1 s 1; 1995 c 233 art 2 s 56;
1995 c 254 art 2 s 4-6; 1Sp1995 c 3 art 16 s 13; 1996 c 395 s 18; 1997 c 183 art 3 s 27; 1999 c
135 s 1,2; 1999 c 185 s 1; 2000 c 297 s 1,3; 2001 c 7 s 10; 2001 c 207 s 1,2; 1Sp2001 c 10 art 2 s
29; 1Sp2003 c 8 art 1 s 5; 2005 c 56 s 1; 2005 c 97 art 4 s 6; 2005 c 136 art 9 s 14; 2006 c 241 s
2,3; 2007 c 40 s 1; 2007 c 135 art 2 s 2; 2007 c 140 art 4 s 6; 2007 c 147 art 16 s 1

16B.615 RESTROOM FACILITIES.
    Subdivision 1. Definition. For purposes of this section, "place of public accommodation"
means a publicly or privately owned sports or entertainment arena, stadium, theater, community
or convention hall, special event center, amusement facility, or special event center in a public
park, that is designed for occupancy by 200 or more people.
    Subd. 2. Application. This section applies only to a place of public accommodation for
which construction, or alterations exceeding 50 percent of the estimated replacement value of
the existing facility, begins after July 1, 1995.
    Subd. 3. Ratio. In a place of public accommodation subject to this section, the ratio of water
closets for women to the total of water closets and urinals provided for men must be at least three
to two, unless there are two or fewer fixtures for men.
    Subd. 4. Rules. The commissioner shall adopt rules to implement this section. The rules may
provide for a greater ratio of women's to men's facilities for certain types of occupancies than is
required in subdivision 3, and may apply the required ratios to categories of occupancies other
than those defined as places of public accommodation under subdivision 1.
History: 1994 c 632 art 3 s 34; 2007 c 140 art 4 s 7

16B.616 BLEACHER SAFETY.
    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Place of public accommodation" means a public or privately owned sports or
entertainment arena, gymnasium, auditorium, stadium, hall, special event center in a public park,
or other facility for public assembly.
(c) "Bleacher" refers to any tiered or stepped seating facility, whether temporary or
permanent, used in a place of public accommodation for the seating of its occupants.
    Subd. 2. Application. All places of public accommodation must comply with the provisions
of this section.
    Subd. 3. Safety requirements. In places of public accommodation using bleacher seating,
all bleachers or bleacher open spaces over 55 inches above grade or the floor below, and all
bleacher guardrails if any part of the guardrail is over 30 inches above grade or the floor below
must conform to the following safety requirements:
(1) the open space between bleacher footboards, seats, and guardrails must not exceed four
inches, unless approved safety nets are installed, except that retractable bleachers already in place
as of January 1, 2001, may have open spaces not exceeding nine inches and any bleachers owned
by the University of Minnesota, the Minnesota State Colleges and Universities, or a private
college or university may have open spaces not exceeding nine inches;
(2) bleachers must have vertical perimeter guardrails with no more than four-inch rail
spacing between vertical rails or other approved guardrails that address climbability and are
designed to prevent accidents; and
(3) the state building official shall determine whether the safety nets and guardrail
climbability meet the requirements of the alternate design section of the State Building Code. All
new bleachers manufactured, installed, sold, or distributed after January 1, 2001, must comply
with the State Building Code in effect and this subdivision.
    Subd. 4. Enforcement. (a) A statutory or home rule charter city that is not covered by the
code because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in
the city of the code's requirements for bleacher safety. In all other areas where the code does not
apply because of action taken under section 16B.72 or 16B.73, the county is responsible for
enforcement of those requirements.
(b) Municipalities that have not adopted the code may enforce the code requirements for
bleacher safety by either entering into a joint powers agreement for enforcement with another
municipality that has adopted the code or contracting for enforcement with a qualified and
certified building official or state licensed design professional to enforce the code.
(c) Municipalities, school districts, organizations, individuals, and other persons operating or
owning places of public accommodation with bleachers that are subject to the safety requirements
in subdivision 3 shall provide a signed certification of compliance to the commissioner by January
1, 2002. For bleachers subject to the exception in subdivision 3, clause (1), entities covered by
this paragraph must have on file a bleacher safety management plan and amortization schedule.
The certification shall be prepared by a qualified and certified building official or state licensed
design professional and shall certify that the bleachers have been inspected and are in compliance
with the requirements of this section and are structurally sound. For bleachers owned by a
school district or nonpublic school, the person the district or nonpublic school designates to be
responsible for buildings and grounds may make the certification.
    Subd. 5. Noncomplying bleachers prohibited. The commissioner, in addition to other
remedies provided for violations of this chapter, shall forbid use of bleachers not in compliance
with this section.
    Subd. 6. Periodic inspections. Bleacher footboards and guardrails must be reinspected at
least every five years and a structural inspection must be made at least every ten years. Inspections
may be completed in the same manner as provided in subdivision 4. This section does not preclude
a municipal authority from establishing additional reinspections under the State Building Code.
History: 1999 c 250 art 1 s 62; 2000 c 417 s 1,2; 2000 c 492 art 1 s 35,36; 1Sp2001 c
6 art 4 s 1

16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
    (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 7670,
does not expire on April 15, 2000, but remains in effect for residential buildings not covered by
Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 7670, that apply to
category 1 buildings govern new, detached single one- and two-family R-3 occupancy residential
buildings. All new, detached single one- and two-family R-3 occupancy buildings subject to
Minnesota Rules, chapter 7670, submitting an application for a building permit after April 14,
2000, must meet the requirements for category 1 buildings, as set out in Minnesota Rules, chapter
7670.
    (b) As an alternative to compliance with paragraph (a), compliance with Minnesota Rules,
chapters 7672 and 7674, is optional for a contractor or owner.
    (c) This section expires when the commissioner adopts a new energy code in accordance
with Laws 2002, chapter 317, section 4.
History: 2000 c 407 s 1; 2002 c 317 s 1; 2007 c 140 art 4 s 8

16B.6175 ENERGY CODE.
    Notwithstanding section 16B.617, the commissioner, in consultation with the Construction
Codes Advisory Council, shall explore and review the availability and appropriateness of any
model energy codes related to the construction of single one- and two-family residential buildings.
In consultation with the council, the commissioner shall take steps to adopt the chosen code with
all necessary and appropriate amendments.
    The commissioner may not adopt all or part of a model energy code relating to the
construction of residential buildings without research and analysis that addresses, at a minimum,
air quality, building durability, moisture, enforcement, enforceability cost benefit, and liability.
The research and analysis must be completed in cooperation with practitioners in residential
construction and building science and an affirmative recommendation by the Construction
Codes Advisory Council.
History: 2002 c 317 s 3; 2007 c 140 art 4 s 9

16B.62 STATE BUILDING CODE; APPLICATION.
    Subdivision 1. Municipal enforcement. The State Building Code applies statewide and
supersedes the building code of any municipality. A municipality must not by ordinance or
through development agreement require building code provisions regulating components or
systems of any residential structure that are different from any provision of the State Building
Code. A municipality may, with the approval of the state building official, adopt an ordinance
that is more restrictive than the State Building Code where geological conditions warrant a more
restrictive ordinance. A municipality may appeal the disapproval of a more restrictive ordinance
to the commissioner. An appeal under this subdivision is subject to the schedule, fee, procedures,
cost provisions, and appeal rights set out in section 16B.67. The State Building Code does not
apply to agricultural buildings except with respect to state inspections required or rulemaking
authorized by sections 103F.141, 216C.19, subdivision 8, and 326.244. All municipalities
shall adopt and enforce the State Building Code with respect to new construction within their
respective jurisdictions.
If a city has adopted or is enforcing the State Building Code on June 3, 1977, or determines
by ordinance after that date to undertake enforcement, it shall enforce the code within the city.
A city may by ordinance and with permission of the township board extend the enforcement
of the code to contiguous unincorporated territory not more than two miles distant from its
corporate limits in any direction if the code is not in effect in the territory. Where two or more
noncontiguous cities which have elected to enforce the code have boundaries less than four miles
apart, each is authorized to enforce the code on its side of a line equidistant between them. Once
enforcement authority is extended extraterritorially by ordinance, the authority may continue to
be exercised in the designated territory even though another city less than four miles distant later
elects to enforce the code. After the extension, the city may enforce the code in the designated
area to the same extent as if the property were situated within its corporate limits.
Enforcement of the code in an extended area outside a city's corporate limits includes all
rules, laws, and ordinances associated with administration of the code.
A city which, on June 3, 1977, had not adopted the code may not commence enforcement
of the code within or outside of its jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each town in which it intends to enforce
the code. A public hearing on the proposed enforcement must be held not less than 30 days after
the notice has been provided. Enforcement of the code by the city outside of its jurisdiction
commences on the first day of January in the year following the notice and hearing.
Municipalities may provide for the issuance of permits, inspection, and enforcement within
their jurisdictions by means which are convenient, and lawful, including by means of contracts
with other municipalities pursuant to section 471.59, and with qualified individuals. The other
municipalities or qualified individuals may be reimbursed by retention or remission of some or all
of the building permit fee collected or by other means. In areas of the state where inspection and
enforcement is unavailable from qualified employees of municipalities, the commissioner shall
train and designate individuals available to carry out inspection and enforcement on a fee basis.
Nothing in this section prohibits a municipality from adopting ordinances relating to zoning,
subdivision, or planning unless the ordinance conflicts with a provision of the State Building Code
that regulates components or systems of any residential structure.
    Subd. 2. Enforcement by state building official. If the commissioner determines that a
municipality is not properly administering and enforcing the State Building Code as provided in
section 16B.71, the commissioner may have the administration and enforcement in the involved
municipality undertaken by the state building official. The commissioner shall notify the affected
municipality in writing immediately upon making the determination, and the municipality
may challenge the determination as a contested case before the commissioner pursuant to the
Administrative Procedure Act. In municipalities not properly administering and enforcing the
State Building Code, and in municipalities who determine not to administer and enforce the State
Building Code, the commissioner shall have administration and enforcement undertaken by the
state building official or by another inspector certified by the state. In carrying out administration
and enforcement under this subdivision, the commissioner shall apply any optional provision of
the State Building Code adopted by the municipality. A municipality adopting any optional code
provision shall notify the state building official within 30 days of its adoption. The commissioner
shall determine appropriate fees to be charged for the administration and enforcement service
rendered. Any cost to the state arising from the state administration and enforcement of the State
Building Code shall be borne by the subject municipality.
History: 1984 c 544 s 67; 1987 c 312 art 1 s 10 subd 1; 1990 c 391 art 8 s 2; 1994 c 634 art
2 s 5,10; 1999 c 135 s 3; 2001 c 207 s 3; 1Sp2003 c 8 art 1 s 6

16B.625 EXEMPTIONS.
The commissioner may exempt a part of a historic building occupied by the state from the
state or another building, fire, safety, or other code if the exemption is necessary to preserve the
historic or esthetic character of the building or to prevent theft, vandalism, terrorism, or another
crime. When the commissioner grants an exemption, the commissioner shall consider providing
equivalent protection. A certificate of occupancy may not be denied because of an exemption
under this section.
History: 1990 c 572 s 12

16B.63 STATE BUILDING OFFICIAL.
    Subdivision 1. Appointment. The commissioner shall appoint a state building official who
under the direction and supervision of the commissioner shall administer the code.
    Subd. 2. Qualifications. To be eligible for appointment as state building official an individual
must be competent in the field of administration and shall have the experience in building design,
construction, and supervision which the commissioner considers necessary.
    Subd. 3. Powers and duties. The state building official may, with the approval of the
commissioner, employ personnel necessary to carry out the inspector's function under sections
16B.59 to 16B.75. The state building official shall distribute without charge a printed or electronic
version of the code to each municipality within the state. A printed or electronic version of the
code shall be made available to municipalities and interested parties for a fee prescribed by the
commissioner. The state building official shall perform other duties in administering the code
assigned by the commissioner.
    Subd. 4. Accessibility specialists. The state building official shall, with the approval of
the commissioner, assign three department employees to assist municipalities in complying
with section 16B.61, subdivision 5.
    Subd. 5. Interpretative authority. To achieve uniform and consistent application of the
State Building Code, the commissioner has final interpretative authority applicable to all codes
adopted as part of the State Building Code except for the Plumbing Code and the Electrical
Code. A final interpretative committee composed of seven members, consisting of three building
officials, two inspectors from the affected field, and two construction industry representatives,
shall review requests for final interpretations relating to that field for which the commissioner has
final interpretative authority. The Plumbing Board has final interpretative authority applicable
to the State Plumbing Code and shall review requests for final interpretation made to the board
that relate to the State Plumbing Code. The Board of Electricity has final interpretative authority
applicable to the State Electrical Code and shall review requests for final interpretation made to
the board that relate to the State Electrical Code. The Board of High Pressure Piping Systems has
final interpretative authority applicable to the State High Pressure Piping Code and shall review
requests for final interpretation made to the board that relate to the State High Pressure Piping
Code. Except for requests for final interpretations that relate to the State Plumbing Code, the
State Electrical Code, and the State High Pressure Piping Code, requests for final interpretation
must come from a local or state level building code board of appeals. The commissioner must
establish procedures for membership of the final interpretative committees. The appropriate
committee shall review the request and make a recommendation to the commissioner for the final
interpretation within 30 days of the request. The commissioner must issue a final interpretation
within ten business days after the receipt of the recommendation from the final interpretive
committee. The Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping
Systems shall review a request and issue a final interpretation within 30 days of the request. Any
person aggrieved by a final interpretation may appeal the interpretation within 30 days of its
issuance by the commissioner or the board in accordance with chapter 14. The final interpretation
must be published within ten business days of its issuance and made available to the public.
Municipal building officials shall administer all final interpretations issued by the commissioner,
the Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems until
the final interpretations are considered by the commissioner, the Plumbing Board, the Board of
Electricity, or the Board of High Pressure Piping Systems for adoption as part of the State Building
Code, State Plumbing Code, State Electrical Code, and the State High Pressure Piping Code.
History: 1984 c 544 s 68; 1986 c 444; 1991 c 345 art 1 s 66; 1994 c 634 art 2 s 10; 1995 c
254 art 2 s 7; 2001 c 207 s 4; 2007 c 135 art 3 s 1; 2007 c 140 art 4 s 10

16B.64 APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
    Subdivision 1. Applicability. Subject to this section, the adoption of the code and
amendment is subject to the Administrative Procedure Act.
    Subd. 2. Distribution of incorporations by reference. The commissioner need not publish
or distribute those parts of the code which are adopted by reference pursuant to section 14.07,
subdivision 4 .
    Subd. 3. Filing. The commissioner shall file one copy of the complete code with the secretary
of state, except that all standards referred to in any model or statewide specialty code or any of the
modifications of a code need not be filed. All standards referred to in the code must be kept on file
and available for inspection in the office of the commissioner.
    Subd. 4. Hearings. The commissioner shall hold all state hearings and make all
determinations regarding any subject matter dealt with in the code including those in which
another state agency proposes to adopt or amend rules which are incorporated by reference
into the code or whenever the commissioner proposes to incorporate those rules into the State
Building Code. In no event may a state agency subsequently authorized to adopt rules involving
State Building Code subject matter proceed to adopt the rules without prior consultation with the
commissioner.
    Subd. 5. Proposed amendments; hearings. Any interested person may propose amendments
to the code which may be either applicable to all municipalities or, where it is alleged and
established that conditions exist within a municipality which are not generally found within other
municipalities, amendments may be restricted in application to that municipality. Notice of public
hearings on proposed amendments shall be given to the governing bodies of all municipalities in
addition to those persons entitled to notice under the Administrative Procedure Act.
    Subd. 6. Adoption. The commissioner shall approve any proposed amendments deemed by
the commissioner to be reasonable in conformity with the policy and purpose of the code and
justified under the particular circumstances involved. Upon adoption, a copy of each amendment
must be distributed to the governing bodies of all affected municipalities.
    Subd. 7. Investigation and research. With the approval of the commissioner the state
building official shall investigate or provide for investigations, or may accept authenticated
reports from authoritative sources, concerning new materials or modes of construction intended
for use in the construction of buildings or structures, and shall propose amendments to the code
setting forth the conditions under which the new materials or modes may be used.
    Subd. 8. Effective date of rules. A rule to adopt or amend the state's building code is
effective 180 days after the filing of the rule with the secretary of state under section 14.16 or
14.26. The rule may provide for a different effective date if the commissioner or board proposing
the rule finds that a different effective date is necessary to protect public health and safety after
considering, among other things, the need for time for training of individuals to comply with
and enforce the rule.
History: 1984 c 544 s 69; 1985 c 248 s 8; 1986 c 444; 1987 c 312 art 1 s 10 subd 1; 1994 c
634 art 2 s 10; 1999 c 135 s 4; 2007 c 140 art 4 s 11

16B.65 BUILDING OFFICIALS.
    Subdivision 1. Designation. Each municipality shall designate a building official to
administer the code. A municipality may designate no more than one building official responsible
for code administration defined by each certification category established in rule. Two or
more municipalities may combine in the designation of a building official for the purpose of
administering the provisions of the code within their communities. In those municipalities for
which no building officials have been designated, the state building official may use whichever
state employees are necessary to perform the duties of the building official until the municipality
makes a temporary or permanent designation. All costs incurred by virtue of these services
rendered by state employees must be borne by the involved municipality and receipts arising from
these services must be paid to the commissioner.
    Subd. 2. Qualifications. A building official, to be eligible for designation, must be certified
and have the experience in design, construction, and supervision which the commissioner deems
necessary and must be generally informed on the quality and strength of building materials,
accepted building construction requirements, and the nature of equipment and needs conducive
to the safety, comfort, and convenience of building occupants. No person may be designated as
a building official for a municipality unless the commissioner determines that the official is
qualified as provided in subdivision 3.
    Subd. 3. Certification. The commissioner shall by rule establish certification criteria as
proof of qualification pursuant to subdivision 2. The commissioner may:
    (1) develop and administer written and practical examinations to determine if a person is
qualified pursuant to subdivision 2 to be a building official;
    (2) accept documentation of successful completion of testing programs developed and
administered by nationally recognized testing agencies, as proof of qualification pursuant to
subdivision 2; or
    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
training program developed or approved by the commissioner.
    Upon a determination of qualification under clause (1), (2), or (3), the commissioner
shall issue a certificate to the building official stating that the official is certified. Each person
applying for examination and certification pursuant to this section shall pay a nonrefundable
fee of $70. The commissioner or a designee may establish categories of certification that will
recognize the varying complexities of code enforcement in the municipalities within the state. The
commissioner shall provide educational programs designed to train and assist building officials in
carrying out their responsibilities.
    Subd. 4. Duties. Building officials shall, in the municipality for which they are designated,
be responsible for all aspects of code administration for which they are certified, including the
issuance of all building permits and the inspection of all manufactured home installations. The
commissioner may direct a municipality with a building official to perform services for another
municipality, and in that event the municipality being served shall pay the municipality rendering
the services the reasonable costs of the services. The costs may be subject to approval by the
commissioner.
    Subd. 5.[Repealed, 2007 c 133 art 2 s 13]
    Subd. 5a. [Repealed by amendment, 2007 c 140 art 4 s 12]
    Subd. 5b. Grounds. In addition to the grounds set forth in section 326B.082, subdivision 11,
the commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or may
censure an applicant or individual holding a certificate, if the applicant or individual:
    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those sections;
or
    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a certified
building official.
     Nothing in this subdivision limits or otherwise affects the authority of a municipality to
dismiss or suspend a building official at its discretion, except as otherwise provided for by law.
    Subd. 5c. Action against unlicensed persons. The commissioner may take any
administrative action provided under section 326B.082, against an individual required to be
certified under subdivision 3, based upon conduct that would provide grounds for action against a
certificate holder under this section.
    Subd. 6. Vacancies. In the event that a designated building official position is vacant within a
municipality, that municipality shall designate a certified building official to fill the vacancy as
soon as possible. The commissioner must be notified of any vacancy or designation in writing
within 15 days. If the municipality fails to designate a certified building official within 15 days of
the occurrence of the vacancy, the state building official may provide state employees to serve
that function as provided in subdivision 1 until the municipality makes a temporary or permanent
designation. Municipalities must not issue permits without a designated certified building official.
    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the commissioner
may by rule establish or approve continuing education programs for certified building officials
dealing with matters of building code administration, inspection, and enforcement.
    Each person certified as a building official for the state must satisfactorily complete applicable
educational programs established or approved by the commissioner to retain certification.
    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of labor and
industry may by rule adopt standards dealing with renewal requirements.
    (b) If the commissioner has not issued a notice of denial of application for a certificate holder
and if the certificate holder has properly and timely filed a fully completed renewal application,
then the certificate holder may continue to engage in building official activities whether or not
the renewed certificate has been received. Applications must be made on a form approved by
the commissioner. Each application for renewal must be fully completed, and be accompanied
by proof of the satisfactory completion of minimum continuing education requirements and the
certification renewal fee established by the commissioner. Applications are timely if received
prior to the expiration of the most recently issued certificate. An application for renewal that does
not contain all of the information requested is an incomplete application and will not be accepted.
    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the date of
expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
    Subd. 10. Failure to renew. An individual who has failed to make a timely application for
renewal of a certificate is not certified and must not serve as the designated building official for
any municipality until a renewed certificate has been issued by the commissioner.
History: 1984 c 544 s 70; 1984 c 578 s 1; 1984 c 655 art 2 s 13 subd 1; 1Sp1985 c 17 s 6;
1986 c 444; 1988 c 613 s 16; 1995 c 254 art 2 s 8-11; 1998 c 359 s 11,12; 1Sp2001 c 10 art 2 s
30; 2002 c 220 art 10 s 30,31; 2007 c 135 art 2 s 3
NOTE:Subdivision 5 was also amended by Laws 2007, chapter 140, article 4, section
12, to read as follows:
    "Subd. 5. Oversight committee. (a) The commissioner shall establish a Code Administration
Oversight Committee that will, at the commissioner's request, recommend to the commissioner
appropriate action pursuant to section 326B.82, in response to information received or obtained
by the commissioner that supports a finding that: (1) an individual has engaged in, or is about
to engage in, the unauthorized performance of the duties of a certified building official or the
unauthorized use of the certified building official title; or (2) a certified building official has
violated a statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist
agreement, or order that the commissioner has adopted, issued, or has the authority to enforce
and that is related to the duties of a certified building official.
    (b) The committee shall consist of six members. One member shall be the commissioner's
designee and five members shall be certified building officials who are appointed by the
commissioner. At least two of the appointed certified building officials must be from
nonmetropolitan counties. For the committee members who are not state officials or employees,
their compensation and removal from the oversight committee is governed by section 15.059. The
commissioner's designee shall serve as the chair of the oversight committee and shall not vote.
The terms of the appointed members of the oversight committee shall be four years. The terms
of three of the appointed members shall be coterminous with the governor and the terms of the
remaining two appointed members shall end on the first Monday in January one year after the
terms of the other appointed members expire. An appointed member may be reappointed. The
committee is not subject to the expiration provisions of section 15.059, subdivision 5.
    (c) If the commissioner determines that an individual has engaged in the unauthorized
performance of the duties of a certified building official or the unauthorized use of the certified
building official title, or that a certified building official has violated a statute, rule, stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, or order that the
commissioner has adopted, issued, or is authorized to enforce that is related to the duties of a
certified building official, the commissioner may take administrative actions against the individual
pursuant to section 326B.082, subdivisions 7 and 11."

16B.655 CONSTRUCTION CODE INSPECTORS.
    Subdivision 1. Competency criteria. The commissioner of labor and industry shall adopt
rules establishing required competency criteria for individuals serving as construction code
inspectors. For the purpose of this section, "construction code inspectors" means building
inspectors, mechanical inspectors, plumbing inspectors, and combination inspectors under the
supervision of the building official. Required competency criteria shall be relevant to the building,
mechanical, and plumbing codes as adopted in Minnesota.
    Subd. 2. Continuing education. The commissioner of labor and industry shall adopt rules
establishing or approving education programs for construction inspectors related to construction
inspection and administration of the State Building Code. Each construction code inspector
must satisfactorily complete continuing education requirements as established in rule by the
commissioner.
    Subd. 3. Exemption. A person holding current certification as a building official under
section 16B.65 is exempt from this section.
    Subd. 4. Effective date. Effective January 1, 2008, all construction inspectors hired on or
after January 1, 2008, shall, within one year of hire, be in compliance with the competency
criteria established according to subdivision 1.
History: 2006 c 202 s 1

16B.66 CERTAIN INSPECTIONS.
The state building official may, upon an application setting forth a set of plans and
specifications that will be used in more than one municipality to acquire building permits,
review and approve the application for the construction or erection of any building or structure
designed to provide dwelling space for no more than two families if the set of plans meets the
requirements of the State Building Code. All costs incurred by the state building official by virtue
of the examination of the set of plans and specifications must be paid by the applicant. A building
official shall issue a building permit upon application and presentation to the official of a set of
plans and specifications bearing the approval of the state building official if the requirements of
all other local ordinances are satisfied.
History: 1984 c 544 s 71; 1986 c 444; 1994 c 634 art 2 s 6,10

16B.665 [Repealed, 2007 c 140 art 13 s 3]

16B.67 APPEALS.
A person aggrieved by the final decision of any municipality as to the application of the
code, including any rules adopted under sections 471.465 to 471.469, may, within 180 days of the
decision, appeal to the commissioner. Appellant shall submit a nonrefundable fee of $70, payable
to the commissioner, with the request for appeal. An appeal must be heard as a contested case
under chapter 14. The commissioner shall submit written findings to the parties. The party not
prevailing shall pay the costs of the contested case hearing, including fees charged by the Office
of Administrative Hearings and the expense of transcript preparation. Costs under this section
do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal
in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes
the Council on Disability. No fee or costs shall be required when the council on disability is the
appellant.
History: 1984 c 544 s 72; 1986 c 444; 1987 c 354 s 4; 1988 c 613 s 17; 1995 c 254 art 2 s 12

16B.68 CERTAIN PERMITS.
Building permits or certificates of occupancy validly issued before July 1, 1972, regarding
buildings or structures being constructed or altered according to the permits or certificates, are
valid after that date. The construction may be completed according to the building permit, unless
the building official determines that life or property is in jeopardy.
History: 1984 c 544 s 73

16B.685 ANNUAL REPORT.
Beginning with the first report filed by June 30, 2003, each municipality shall annually
report by June 30 to the department, in a format prescribed by the department, all construction
and development-related fees collected by the municipality from developers, builders, and
subcontractors if the cumulative fees collected exceeded $5,000 in the reporting year. The
report must include:
(1) the number and valuation of units for which fees were paid;
(2) the amount of building permit fees, plan review fees, administrative fees, engineering
fees, infrastructure fees, and other construction and development-related fees; and
(3) the expenses associated with the municipal activities for which fees were collected.
History: 2001 c 207 s 6; 2003 c 6 s 1

16B.69 VIOLATION, PENALTY.
A violation of the code is a misdemeanor.
History: 1984 c 544 s 74

16B.70 SURCHARGE.
    Subdivision 1. Computation. To defray the costs of administering sections 16B.59 to
16B.76, a surcharge is imposed on all permits issued by municipalities in connection with the
construction of or addition or alteration to buildings and equipment or appurtenances after June
30, 1971. The commissioner may use any surplus in surcharge receipts to award grants for code
research and development and education.
    If the fee for the permit issued is fixed in amount the surcharge is equivalent to one-half mill
(.0005) of the fee or 50 cents, whichever amount is greater. For all other permits, the surcharge is
as follows:
    (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge
is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration;
    (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths mill
(.0004) of the value between $1,000,000 and $2,000,000;
    (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths mill
(.0003) of the value between $2,000,000 and $3,000,000;
    (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth mill
(.0002) of the value between $3,000,000 and $4,000,000;
    (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth mill
(.0001) of the value between $4,000,000 and $5,000,000; and
    (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth mill
(.00005) of the value that exceeds $5,000,000.
    Subd. 2. Collection and reports. All permit surcharges must be collected by each
municipality and a portion of them remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the commissioner once a month a report
of fees and surcharges on fees collected during the previous month but shall retain the greater
of two percent or that amount collected up to $25 to apply against the administrative expenses
the municipality incurs in collecting the surcharges. All other municipalities shall submit the
report and surcharges on fees once a quarter but shall retain the greater of four percent or that
amount collected up to $25 to apply against the administrative expenses the municipalities incur
in collecting the surcharges. The report, which must be in a form prescribed by the commissioner,
must be submitted together with a remittance covering the surcharges collected by the 15th day
following the month or quarter in which the surcharges are collected.
    Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed in
subdivision 1 should approximately equal the cost, including the overhead cost, of administering
sections 16B.59 to 16B.75. By November 30 each year, the commissioner must report to the
commissioner of finance and to the legislature on changes in the surcharge imposed in subdivision
1 needed to comply with this policy. In making this report, the commissioner must assume that
the services associated with administering sections 16B.59 to 16B.75 will continue to be provided
at the same level provided during the fiscal year in which the report is made.
History: 1984 c 544 s 75; 1Sp1985 c 13 s 127; 1989 c 303 s 1; 1989 c 335 art 4 s 11; 1991 c
2 art 7 s 5; 1994 c 634 art 2 s 7; 1995 c 254 art 2 s 13; 1997 c 202 art 2 s 26; 1Sp2001 c 10 art 2
s 31; 2002 c 317 s 2; 2007 c 135 art 2 s 5; 2007 c 140 art 4 s 13

16B.71 PERMIT FEES, TO WHOM APPLICABLE.
Municipal building officials shall administer and enforce the State Building Code with respect
to all subject structures constructed within their jurisdiction, including all buildings constructed by
municipalities other than the state, as defined in section 16B.60, and the University of Minnesota.
These governmental bodies shall pay the building permit fees and surcharges that the inspecting
municipality customarily imposes for its administration and enforcement of the code.
History: 1984 c 544 s 76; 1987 c 387 s 4

16B.72 REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN
COUNTIES.
    Notwithstanding any other provision of law to the contrary, a county that is not a metropolitan
county as defined by section 473.121, subdivision 4, may provide, by a vote of the majority of
its electors residing outside of municipalities that have adopted the State Building Code before
January 1, 1977, that no part of the State Building Code except the building requirements for
persons with disabilities, the requirements for bleacher safety, and the requirements for elevator
safety applies within its jurisdiction.
    The county board may submit to the voters at a regular or special election the question of
adopting the building code. The county board shall submit the question to the voters if it receives a
petition for the question signed by a number of voters equal to at least five percent of those voting
in the last general election. The question on the ballot must be stated substantially as follows:
    "Shall the State Building Code be adopted in .......... County?"
    If the majority of the votes cast on the proposition is in the negative, the State Building Code
does not apply in the subject county, outside home rule charter or statutory cities or towns that
adopted the building code before January 1, 1977, except the building requirements for persons
with disabilities, the requirements for bleacher safety, and the requirements for elevator safety
do apply.
    Nothing in this section precludes a municipality or town that has not adopted the State
Building Code from adopting and enforcing by ordinance or other legal means the State Building
Code within its jurisdiction.
History: 1984 c 544 s 77; 1994 c 634 art 2 s 8; 1995 c 166 s 3; 1997 c 206 s 7; 1998 c 359 s
13; 1999 c 250 art 1 s 63; 2005 c 56 s 1; 2007 c 140 art 4 s 14

16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; LOCAL
OPTION.
    The governing body of a municipality whose population is less than 2,500 may provide that
the State Building Code, except the requirements for persons with disabilities, the requirements
for bleacher safety, and the requirements for elevator safety, will not apply within the jurisdiction
of the municipality, if the municipality is located in whole or in part within a county exempted
from its application under section 16B.72. If more than one municipality has jurisdiction over an
area, the State Building Code continues to apply unless all municipalities having jurisdiction over
the area have provided that the State Building Code, except the requirements for persons with
disabilities, the requirements for bleacher safety, and the requirements for elevator safety, does
not apply within their respective jurisdictions. Nothing in this section precludes a municipality or
town from adopting and enforcing by ordinance or other legal means the State Building Code
within its jurisdiction.
History: 1984 c 544 s 78; 1994 c 634 art 2 s 9; 1995 c 166 s 4; 1997 c 206 s 8; 1999 c 250
art 1 s 64; 2005 c 56 s 1; 2007 c 140 art 4 s 15

16B.735 ENFORCEMENT OF REQUIREMENTS FOR PERSONS WITH DISABILITIES.
    A statutory or home rule charter city that is not covered by the State Building Code because
of action taken under section 16B.72 or 16B.73 is responsible for enforcement in the city of the
State Building Code's requirements for persons with disabilities. In all other areas where the State
Building Code does not apply because of action taken under section 16B.72 or 16B.73, the county
is responsible for enforcement of those requirements.
History: 1998 c 359 s 14; 2005 c 56 s 1; 2007 c 140 art 4 s 16

16B.74 DEFINITIONS; ELEVATORS.
    Subdivision 1. Applicability. For the purposes of sections 16B.61, 16B.72, 16B.73, and
16B.74 to 16B.748, the terms defined in this section shall have the meanings given them.
    Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means all elevators
except those that comply with the safety rules of the department relating to construction and
installation and that have automatic operation or continuous pressure operation.
    Subd. 3. Automatic operation. Automatic operation shall mean operation wherein the
starting of the elevator car is effected in response to momentary actuation of operating devices at
the landing or of operating devices in the car identified with the landings, or both, or in response
to an automatic starting mechanism and wherein the car is stopped automatically at the landings.
    Subd. 4. Continuous pressure operation. Continuous pressure operation shall mean
operation by means of buttons or switches in the car and at the landing, any one of which may be
used to control the movement of the car as long as the button or switch is manually maintained in
the actuating position.
    Subd. 5. Elevator. As used in this chapter, "elevator" means moving walks and vertical
transportation devices such as escalators, passenger elevators, freight elevators, dumbwaiters,
handpowered elevators, endless belt lifts, and wheelchair platform lifts, but does not include
external temporary material lifts or temporary construction personnel elevators at sites of
construction of new or remodeled buildings.
    Subd. 6. Municipality. "Municipality," as used in sections 16B.74 to 16B.748, means a city,
county, or town meeting the requirements of section 368.01, subdivision 1.
    Subd. 7. Elevator inspection. "Elevator inspection" means an examination of elevator
installations, repairs, alterations, removal, and construction for compliance with the State Building
Code that may include witnessing tests performed on elevators by elevator personnel, performing
tests on elevators, or an audit of records related to routine and periodic maintenance and testing,
or any combination thereof when performed by the department or a municipality authorized to
perform such inspections.
    Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets the
requirements established pursuant to section 16B.748, clause (1), who is performing elevator
inspections for the department or a municipality authorized to perform such inspections.
History: 1955 c 561 s 1; Ex1967 c 1 s 6; 1985 c 248 s 70; 1989 c 303 s 5,6; 1995 c 166
s 5,6,17; 2007 c 140 art 4 s 17-20

16B.741 ELEVATOR INSPECTION AND REPORTING.
    Subdivision 1. Elevator available for inspection. A person that owns or controls a building
or other structure housing an elevator that is subject to inspection by the department, shall, upon
request, provide access at a reasonable hour to the elevator for purposes of inspection.
    Subd. 2. Persons required to report. The following persons shall report the information
specified in subdivision 3 to the commissioner by January 1, 2008:
    (a) any person that, between August 1, 2005, and July 31, 2007, has provided service,
alteration, repair, or maintenance to any elevator located in Minnesota;
    (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an agreement
to provide service, alteration, repair, or maintenance to any elevator located in Minnesota;
    (c) any person that owns or controls an elevator located in Minnesota that, between August
1, 2005, and July 31, 2007, has not received service, alteration, repair, or maintenance on the
elevator; or
    (d) any person that owns or controls an elevator located in Minnesota that, between August
1, 2005, and July 31, 2007, has not entered into an agreement to receive service, alteration,
repair, or maintenance on the elevator.
    Subd. 3. Elevator location, type, and installation date. On a form prescribed by the
commissioner, the persons required to report pursuant to subdivision 2 shall provide the following:
    (a) the location of each elevator;
    (b) the type of each elevator; and
    (c) the date the elevator was installed.
    Subd. 4. Definition. As used in this section, "elevator" is as defined in section 16B.74,
subdivision 5 .
History: 1989 c 303 s 4; 1995 c 166 s 17; 2007 c 140 art 4 s 21

16B.742 ELEVATOR OPERATORS.
The owner, manager, or lessee of any building in which there is installed a passenger
or freight elevator, as hereinafter defined, shall designate a competent person or competent
persons regularly to operate such elevator; provided, however, that any such owner, manager or
lessee may arrange with one or more tenants of such building to designate one or more of their
employees regularly to operate such elevator. No person not so designated shall operate any such
elevator and no person shall employ or permit a person not so designated to operate any such
elevator. The foregoing prohibitions shall not apply during any period of time when any such
elevator is being constructed, installed, inspected, repaired or maintained.
History: 1955 c 561 s 1; 1986 c 444; 1995 c 166 s 17

16B.743 LICENSING AUTHORITIES.
Any municipality may by ordinance establish a licensing authority with jurisdiction over all
passenger and freight elevators within such municipality, fix the initial and renewal fee for, and
the period of duration of, licenses to operate such elevators, and setting forth the requirements for
applicants for and the terms and conditions of licenses to operate such elevators.
History: 1955 c 561 s 2; 1973 c 123 art 5 s 7; 1995 c 166 s 7,17

16B.744 ELEVATORS, ENTRANCES SEALED.
    It shall be the duty of the department and the licensing authority of any municipality which
adopts any such ordinance whenever it finds any such elevator under its jurisdiction in use in
violation of any provision of sections 16B.74 to 16B.745 to seal the entrances of such elevator and
attach a notice forbidding the use of such elevator until the provisions thereof are complied with.
History: 1955 c 561 s 3; Ex1967 c 1 s 6; 1973 c 123 art 5 s 7; 1995 c 166 s 8,17; 2007 c
140 art 4 s 22

16B.745 VIOLATIONS, PENALTIES.
    Subdivision 1. Removal of seal. No person, firm, or corporation may remove any seal or
notice forbidding the use of an elevator, except by authority of the department or the licensing
authority having jurisdiction over the elevator, or operate an elevator after a notice has been
attached forbidding its use, unless the notice has been removed by authority of the department or
the licensing authority having jurisdiction over the elevator.
    Subd. 2. False certification. No inspector, or other party authorized by this section or by
rule to inspect elevators, may falsely certify the safety of an elevator, or grant a license or permit
contrary to any provision of this chapter.
    Subd. 3. Minimum requirements. No person, firm, or corporation may construct, install,
alter, remove, or repair an elevator that does not meet the minimum requirements of this chapter,
adopted rules, or national codes adopted by rule. Notwithstanding any provision of rule or
national code adopted by rule to the contrary, however, a stairway chair lift that is not hard-wired
to the building's electrical system, but is instead plugged into an electrical outlet, may be installed
in a private residence for the use of its occupants.
    Subd. 4. Penalties. The commissioner shall administer sections 16B.74 to 16B.749. In
addition to the remedies provided for violations of this chapter, the commissioner may impose a
penalty of up to $10,000 for a violation of any provision of sections 16B.74 to 16B.749.
History: 1955 c 561 s 4; Ex1967 c 1 s 6; 1989 c 303 s 7; 1995 c 166 s 9-11,17; 1999 c
185 s 2; 2007 c 140 art 4 s 23,24

16B.746 LICENSES FOR OPERATORS.
In the event an operator is employed to operate an automatic elevator or continuous pressure
elevator as provided in sections 16B.74 to 16B.745, such operator shall be duly licensed as
provided in sections 16B.74 to 16B.745.
History: 1955 c 561 s 5; 1995 c 166 s 17

16B.747 FEES FOR LICENSURE AND PERMIT.
    Subdivision 1. Permits. No person may construct, install, alter, or remove an elevator
without first filing an application for a permit with the department or a municipality authorized by
subdivision 3 to inspect elevators.
    Subd. 1a. Annual operating permit. No person may operate an elevator without first
obtaining an annual operating permit from the department or a municipality authorized by
subdivision 3 to issue annual operating permits. A $100 annual operating permit fee must be
paid to the department for each annual operating permit issued by the department, except that
the original annual operating permit must be included in the permit fee for the initial installation
of the elevator. Annual operating permits must be issued at 12-month intervals from the date
of the initial annual operating permit. For each subsequent year, an owner must be granted an
annual operating permit for the elevator upon the owner's or owner's agent's submission of a
form prescribed by the commissioner and payment of the $100 fee. Each form must include the
location of the elevator, the results of any periodic test required by the code, and any other criteria
established by rule. An annual operating permit may be revoked by the commissioner upon an
audit of the periodic testing results submitted with the application or a failure to comply with
elevator code requirements, inspections, or any other law related to elevators.
    Subd. 2. Contractor licenses. The commissioner may establish criteria for the qualifications
of elevator contractors and issue licenses based upon proof of the applicant's qualifications.
    Subd. 3. Permissive municipal regulation. A municipality may conduct a system of
elevator inspection in conformity with this chapter, State Building Code requirements, and
adopted rules that includes the inspection of elevator installation, repair, alteration, and removal,
construction, routine and periodic inspection and testing of existing elevators, and the issuance
of annual operating permits. The municipality shall employ inspectors meeting the minimum
requirements established by Minnesota Rules to perform the inspections and to witness the tests.
A municipality may establish and retain its own fees for inspection of elevators and related
devices in its jurisdiction. A municipality may establish and retain its own fees for issuance of
annual operating permits for elevators in its jurisdiction. A municipality may not adopt standards
that do not conform to the uniform standards prescribed by the department.
    If the commissioner determines that a municipality is not properly administering and
enforcing the law, rules, and codes, the commissioner shall have the inspection, administration,
and enforcement undertaken by a qualified inspector employed by the department.
    Subd. 4. [Repealed, 2007 c 135 art 2 s 40; 2007 c 140 art 13 s 3]
History: 1989 c 303 s 8; 1995 c 166 s 12,13,17; 1997 c 206 s 9; 2007 c 140 art 4 s 25

16B.748 RULES.
    The commissioner may adopt rules for the following purposes:
    (1) to establish minimum qualifications for elevator inspectors that must include possession
of a current elevator constructor electrician's license issued by the department and proof of
successful completion of the national elevator industry education program examination or
equivalent experience;
    (2) to establish minimum qualifications for limited elevator inspectors;
    (3) to establish criteria for the qualifications of elevator contractors;
    (4) to establish elevator standards under sections 16B.61, subdivisions 1 and 2, and 16B.64;
    (5) to establish procedures for appeals of decisions of the commissioner under chapter
14 and procedures allowing the commissioner, before issuing a decision, to seek advice from
the elevator trade, building owners or managers, and others knowledgeable in the installation,
construction, and repair of elevators; and
    (6) to establish requirements for the registration of all elevators.
History: 1989 c 303 s 9; 1995 c 166 s 14,17; 1996 c 305 art 3 s 1; 1999 c 250 art 3 s 3;
2007 c 140 art 4 s 26

16B.749 CONFLICT OF LAWS.
Nothing in sections 16B.74 to 16B.749 supersedes the Minnesota Electrical Act in chapter
326.
History: 1995 c 166 s 15,17

16B.75 INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS.
The state of Minnesota ratifies and approves the following compact:
ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
(a) Industrialized/modular buildings are constructed in factories in the various states and are
a growing segment of the nation's affordable housing and commercial building stock.
(b) The regulation of industrialized/modular buildings varies from state to state and locality
to locality, which creates confusion and burdens state and local building officials and the
industrialized/modular building industry.
(c) Regulation by multiple jurisdictions imposes additional costs, which are ultimately
borne by the owners and users of industrialized/modular buildings, restricts market access and
discourages the development and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
(a) Provide the states which regulate the design and construction of industrialized/modular
buildings with a program to coordinate and uniformly adopt and administer the states' rules and
regulations for such buildings, all in a manner to assure interstate reciprocity.
(b) Provide to the United States Congress assurances that would preclude the need for
a voluntary preemptive federal regulatory system for modular housing, as outlined in Section
572 of the Housing and Community Development Act of 1987, including development of model
standards for modular housing construction, such that design and performance will insure quality,
durability and safety; will be in accordance with life-cycle cost-effective energy conservation
standards; all to promote the lowest total construction and operating costs over the life of such
housing.
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(1) "Commission" means the Interstate Industrialized/Modular Buildings Commission.
(2) "Industrialized/modular building" means any building which is of closed construction,
i.e. constructed in such a manner that concealed parts or processes of manufacture cannot be
inspected at the site, without disassembly, damage or destruction, and which is made or assembled
in manufacturing facilities, off the building site, for installation, or assembly and installation,
on the building site. "Industrialized/modular building" includes, but is not limited to, modular
housing which is factory-built single-family and multifamily housing (including closed wall
panelized housing) and other modular, nonresidential buildings. "Industrialized/modular building"
does not include any structure subject to the requirements of the National Manufactured Home
Construction and Safety Standards Act of 1974.
(3) "Interim reciprocal agreement" means a formal reciprocity agreement between a
noncompacting state wherein the noncompacting state agrees that labels evidencing compliance
with the model rules and regulations for industrialized/modular buildings, as authorized in
Article VIII, section (9), shall be accepted by the state and its subdivisions to permit installation
and use of industrialized/modular buildings. Further, the noncompacting state agrees that by
legislation or regulation, and appropriate enforcement by uniform administrative procedures, the
noncompacting state requires all industrialized/modular building manufacturers within that state
to comply with the model rules and regulations for industrialized/modular buildings.
(4) "State" means a state of the United States, territory or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(5) "Uniform administrative procedures" means the procedures adopted by the commission
(after consideration of any recommendations from the rules development committee) which state
and local officials, and other parties, in one state, will utilize to assure state and local officials,
and other parties, in other states, of the substantial compliance of industrialized/modular building
construction with the construction standard of requirements of such other states; to assess the
adequacy of building systems; and to verify and assure the competency and performance of
evaluation and inspection agencies.
(6) "Model rules and regulations for industrialized/modular buildings" means the construction
standards adopted by the commission (after consideration of any recommendations from the rules
development committee) which govern the design, manufacture, handling, storage, delivery
and installation of industrialized/modular buildings and building components. The construction
standards and any amendments thereof shall conform insofar as practicable to model building
codes and referenced standards generally accepted and in use throughout the United States.
CREATION OF COMMISSION
The compacting states hereby create the Interstate Industrialized/Modular Buildings
Commission, hereinafter called commission. Said commission shall be a body corporate of each
compacting state and an agency thereof. The commission shall have all the powers and duties set
forth herein and such additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the compacting states.
SELECTION OF COMMISSIONERS
The commission shall be selected as follows. As each state becomes a compacting state,
one resident shall be appointed as commissioner. The commissioner shall be selected by the
governor of the compacting state, being designated from the state agency charged with regulating
industrialized/modular buildings or, if such state agency does not exist, being designated from
among those building officials with the most appropriate responsibilities in the state. The
commissioner may designate another official as an alternate to act on behalf of the commissioner
at commission meetings which the commissioner is unable to attend.
Each state commissioner shall be appointed, suspended, or removed and shall serve subject to
and in accordance with the laws of the state which said commissioner represents; and each vacancy
occurring shall be filled in accordance with the laws of the state wherein the vacancy exists.
For every three state commissioners that have been appointed in the manner described, those
state commissioners shall select one additional commissioner who shall be a representative of
manufacturers of residential- or commercial-use industrialized/modular buildings. For every six
state commissioners that have been appointed in the manner described, the state commissioners
shall select one additional commissioner who shall be a representative of consumers of
industrialized/modular buildings. In the event states withdraw from the compact or, for any other
reason, the number of state commissioners is reduced, the state commissioners shall remove the
last added representative commissioner as necessary to maintain the ratio of state commissioners
to representative commissioners described herein.
Upon a majority vote of the state commissioners, the state commissioners may remove, fill a
vacancy created by, or replace any representative commissioner, provided that any replacement is
made from the same representative group and the ratio described herein is maintained. Unless
provided otherwise, the representative commissioners have the same authority and responsibility
as the state commissioners.
In addition, the commission may have as a member one commissioner representing the
United States government if federal law authorizes such representation. Such commissioner
shall not vote on matters before the commission. Such commissioner shall be appointed by the
President of the United States, or in such other manner as may be provided by Congress.
VOTING
Each commissioner (except the commissioner representing the United States government)
shall be entitled to one vote on the commission. A majority of the commissioners shall constitute a
quorum for the transaction of business. Any business transacted at any meeting of the commission
must be by affirmative vote of a majority of the quorum present and voting.
ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its members, a chairman, a vice chairman
and a treasurer. The commission shall also select a secretariat, which shall provide an individual
who shall serve as secretary of the commission. The commission shall fix and determine the duties
and compensation of the secretariat. The commissioners shall serve without compensation, but
shall be reimbursed for their actual and necessary expenses from the funds of the commission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations for the conduct of its business,
and shall have the power to amend and rescind these bylaws, rules, and regulations.
The commission shall establish and maintain an office at the same location as the office
maintained by the secretariat for the transaction of its business and may meet at any time, but in
any event must meet at least once a year. The chairman may call additional meetings and upon
the request of a majority of the commissioners of three or more of the compacting states shall
call an additional meeting.
The commission annually shall make the governor and legislature of each compacting state
a report covering its activities for the preceding year. Any donation or grant accepted by the
commission or services borrowed shall be reported in the annual report of the commission and
shall include the nature, amount and conditions, if any, of the donation, gift, grant or services
borrowed and the identity of the donor or lender. The commission may make additional reports
as it may deem desirable.
COMMITTEES
The commission will establish such committees as it deems necessary, including, but not
limited to, the following:
(1) An executive committee which functions when the full commission is not meeting, as
provided in the bylaws of the commission. The executive committee will ensure that proper
procedures are followed in implementing the commission's programs and in carrying out the
activities of the compact. The executive committee shall be elected by vote of the commission.
It shall be comprised of at least three and no more than nine commissioners, selected from the
state commissioners and one member of the industry commissioners and one member of the
consumer commissioners.
(2) A rules development committee appointed by the commission. The committee shall
be consensus-based and consist of not less than seven nor more than 21 members. Committee
members will include state building regulatory officials; manufacturers of industrialized/modular
buildings; private, third-party inspection agencies; and consumers. This committee may
recommend procedures which state and local officials, and other parties, in one state, may utilize
to assure state and local officials, and other parties, in other states, of the substantial compliance
of industrialized/modular building construction with the construction standard requirements
of such other states; to assess the adequacy of building systems; and to verify and assure the
competency and performance of evaluation and inspection agencies. This committee may also
recommend construction standards for the design, manufacture, handling, storage, delivery and
installation of industrialized/modular buildings and building components. The committee will
submit its recommendations to the commission, for the commission's consideration in adopting
and amending the uniform administrative procedures and the model rules and regulations for
industrialized/modular buildings. The committee may also review the regulatory programs of
the compacting states to determine whether those programs are consistent with the uniform
administrative procedures or the model rules and regulations for industrialized/modular buildings
and may make recommendations concerning the states' programs to the commission. In carrying
out its functions, the rules committee may conduct public hearings and otherwise solicit public
input and comment.
(3) Any other advisory, coordinating or technical committees, membership on which may
include private persons, public officials, associations or organizations. Such committees may
consider any matter of concern to the commission.
(4) Such additional committees as the commission's bylaws may provide.
POWER AND AUTHORITY
In addition to the powers conferred elsewhere in this compact, the commission shall have
power to:
(1) Collect, analyze and disseminate information relating to industrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules and regulations, and administrative
practices of the states relating to industrialized/modular buildings.
(3) Assist and support committees and organizations which promulgate, maintain and update
model codes or recommendations for uniform administrative procedures or model rules and
regulations for industrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures and model rules and regulations
for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purpose of bringing such states'
laws, codes, rules and regulations and administrative practices into conformance with the uniform
administrative procedures or the model rules and regulations for industrialized/modular buildings,
provided that such recommendations shall be made to the appropriate state agency with due
consideration for the desirability of uniformity while also giving appropriate consideration to
special circumstances which may justify variations necessary to meet unique local conditions.
(6) Assist and support the compacting states with monitoring of plan review programs and
inspection programs, which will assure that the compacting states have the benefit of uniform
industrialized/modular building plan review and inspection programs.
(7) Assist and support organizations which train state and local government and other
program personnel in the use of uniform industrialized/modular building plan review and
inspection programs.
(8) Encourage and promote coordination of state regulatory action relating to manufacturers,
public or private inspection programs.
(9) Create and sell labels to be affixed to industrialized/modular building units, constructed
in or regulated by compacting states, where such labels will evidence compliance with the model
rules and regulations for industrialized/modular buildings, enforced in accordance with the
uniform administrative procedures. The commission may use receipts from the sale of labels to
help defray the operating expenses of the commission.
(10) Assist and support compacting states' investigations into and resolutions of consumer
complaints which relate to industrialized/modular buildings constructed in one compacting state
and sited in another compacting state.
(11) Borrow, accept or contract for the services of personnel from any state or the United
States or any subdivision or agency thereof, from any interstate agency, or from any institution,
association, person, firm or corporation.
(12) Accept for any of its purposes and functions under this compact any and all donations,
and grants of money, equipment, supplies, materials and services (conditional or otherwise) from
any state or the United States or any subdivision or agency thereof, from any interstate agency, or
from any institution, person, firm or corporation, and may receive, utilize and dispose of the same.
(13) Establish and maintain such facilities as may be necessary for the transacting of its
business. The commission may acquire, hold, and convey real and personal property and any
interest therein.
(14) Enter into contracts and agreements, including but not limited to, interim reciprocal
agreements with noncompacting states.
FINANCE
The commission shall submit to the governor or designated officer or officers of each
compacting state a budget of its estimated expenditures for such period as may be required by
the laws of that state for presentation to the legislature thereof.
Each of the commission's budgets of estimated expenditures shall contain specific
recommendations of the amounts to be appropriated by each of the compacting states. The
total amount of appropriations requested under any such budget shall be apportioned among
the compacting states as follows: one-half in equal shares; one-fourth among the compacting
states in accordance with the ratio of their populations to the total population of the compacting
states, based on the last decennial federal census; and one-fourth among the compacting states in
accordance with the ratio of industrialized/modular building units manufactured in each state to
the total of all units manufactured in all of the compacting states.
The commission shall not pledge the credit of any compacting state. The commission may
meet any of its obligations in whole or in part with funds available to it by donations, grants,
or sale of labels: provided that the commission takes specific action setting aside such funds
prior to incurring any obligation to be met in whole or in part in such manner. Except where
the commission makes use of funds available to it by donations, grants or sale of labels, the
commission shall not incur any obligation prior to the allotment of funds by the compacting
states adequate to meet the same.
The commission shall keep accurate accounts of all receipts and disbursements. The receipts
and disbursements of the commission shall be subject to the audit and accounting procedures
established under its bylaws. All receipts and disbursements of funds handled by the commission
shall be audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the commission.
The accounts of the commission shall be open at any reasonable time for inspection by duly
constituted officers of the compacting states and any person authorized by the commission.
Nothing contained in this article shall be construed to prevent commission compliance
relating to audit or inspection of accounts by or on behalf of any government contributing to the
support of the commission.
ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law by any three states. Thereafter, this
compact shall become effective as to any other state upon its enactment thereof. The commission
shall arrange for notification of all compacting states whenever there is a new enactment of the
compact.
Any compacting state may withdraw from this compact by enacting a statute repealing the
same. No withdrawal shall affect any liability already incurred by or chargeable to a compacting
state prior to the time of such withdrawal.
RECIPROCITY
If the commission determines that the standards for industrialized/modular buildings
prescribed by statute, rule or regulation of compacting state are at least equal to the commission's
model rules and regulations for industrialized/modular buildings, and that such state standards
are enforced by the compacting state in accordance with the uniform administrative procedures,
industrialized/modular buildings approved by such a compacting state shall be deemed to have
been approved by all the compacting states for placement in those states in accordance with
procedures prescribed by the commission.
EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or local court or administrative officer
or body with respect to any person, corporation or other entity or subject matter, except to the
extent that such jurisdiction pursuant to this compact, is expressly conferred upon another
agency or body.
(2) Supersede or limit the jurisdiction of any court of the United States.
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any state or of the United States or
the applicability thereof to any government, agency, person or circumstances is held invalid,
the validity of the remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating therein, the compact shall remain in full
force and effect as to the remaining party states and in full force and effect as to the state affected
as to all severable matters.
History: 1990 c 458 s 2; 1995 c 254 art 4 s 1

16B.76 [Repealed, 2007 c 133 art 2 s 13]
NOTE:This section was also amended by Laws 2007, chapter 140, article 4, section 27, to
read as follows:
"16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
    Subdivision 1. Membership. (a) The Construction Codes Advisory Council consists of the
following members:
    (1) the commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division;
    (2) the commissioner of public safety or the commissioner of public safety's designee
representing the Department of Public Safety's State Fire Marshal Division;
    (3) one member, appointed by the commissioner, engaged in each of the following
occupations or industries:
    (i) certified building officials;
    (ii) fire chiefs or fire marshals;
    (iii) licensed architects;
    (iv) licensed professional engineers;
    (v) commercial building owners and managers;
    (vi) the licensed residential building industry;
    (vii) the commercial building industry;
    (viii) the heating and ventilation industry;
    (ix) a member of the Plumbing Board;
    (x) a member of the Board of Electricity;
    (xi) a member of the Board of High Pressure Piping Systems;
    (xii) the boiler industry;
    (xiii) the manufactured housing industry;
    (xiv) public utility suppliers;
    (xv) the Minnesota Building and Construction Trades Council; and
    (xvi) local units of government.
    (b) The commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council. For
members who are not state officials or employees, compensation and removal of members of the
advisory council are governed by section 15.059. The terms of the members of the advisory
council shall be four years. The terms of eight of the appointed members shall be coterminous
with the governor and the terms of the remaining nine appointed members shall end on the first
Monday in January one year after the terms of the other appointed members expire. An appointed
member may be reappointed. Each council member shall appoint an alternate to serve in their
absence. The committee is not subject to the expiration provision of section 15.059, subdivision 5.
    Subd. 2. Duties of council. The council shall review laws, codes, rules, standards, and
licensing requirements relating to building construction and may:
    (1) recommend ways to eliminate inconsistencies, to streamline construction regulation and
construction procedures, and to improve procedures within and among jurisdictions;
    (2) review and comment on current and proposed laws and rules to promote coordination
and consistency;
    (3) advise agencies on possible changes in rules to make them easier to understand and
apply; and
    (4) promote the coordination, within each jurisdiction, of the administration and enforcement
of construction codes.
    The council shall meet a minimum of four times each year. The council shall report its
findings and recommendations to the commissioner. The council shall recommend changes in
laws or rules governing building construction. The council shall establish subcommittees to
facilitate its work. If the council establishes subcommittees, it shall include in their memberships
representation from entities and organizations expressing an interest in membership. The
commissioner shall maintain a list of interested entities and organizations.
    Subd. 3. Agency cooperation. State agencies and local governmental units shall cooperate
with the council and, so far as possible, provide information or assistance to it upon its request.
The commissioner shall provide necessary staff and administrative support to the council."

16B.85 RISK MANAGEMENT.
    Subdivision 1. Alternatives to conventional insurance. The commissioner may implement
programs of insurance or alternatives to the purchase of conventional insurance. This authority
does not extend to areas of risk subject to: (1) collective bargaining agreements, (2) plans
established under section 43A.18, or (3) programs established under sections 176.5401 to
176.611, except for the Department of Administration. The mechanism for implementing possible
alternatives to conventional insurance is the risk management fund created in subdivision 2.
    Subd. 2. Risk management fund. (a) All state agencies, political subdivisions, and
the Minnesota State Colleges and Universities, may, in cooperation with the commissioner,
participate in insurance programs and other funding alternative programs provided by the risk
management fund.
(b) When an entity described in paragraph (a) enters into an insurance or self-insurance
program, each entity shall contribute the appropriate share of its costs as determined by the
commissioner.
(c) The money in the fund to pay claims arising from state activities and for administrative
costs, including costs for the adjustment and defense of the claims, is appropriated to the
commissioner.
(d) Interest earned from the investment of money in the fund shall be credited to the fund and
be available to the commissioner for the expenditures authorized in this subdivision.
(e) The fund is exempt from the provisions of section 16A.152, subdivision 4. In the event
that proceeds in the fund are insufficient to pay outstanding claims and associated administrative
costs, the commissioner, in consultation with the commissioner of finance, may assess entities
participating in the fund amounts sufficient to pay the costs. The commissioner shall determine
the proportionate share of the assessment of each entity.
    Subd. 3. Responsibilities. The commissioner shall:
(1) review the state's exposure to various types of potential risks in consultation with affected
entities and advise them as to the reduction of risk and fiscal management of those losses;
(2) be responsible for statewide risk management coordination, evaluation of funding and
insuring alternatives, and the approval of all insurance purchases in consultation with affected
entities;
(3) identify ways to eliminate redundant efforts in the management of state risk management
and insurance programs;
(4) maintain the state risk management information system; and
(5) administer and maintain the state risk management fund.
    Subd. 4. Competitive bidding. The commissioner may request bids from insurance carriers
or negotiate with insurance carriers and may enter into contracts of insurance carriers that in the
judgment of the division are best qualified to underwrite and service the insurance programs.
    Subd. 5. Risk management fund not considered insurance. A state agency, including
an entity defined as a part of the state in section 3.732, subdivision 1, clause (1), may procure
insurance against liability of the agency and its employees for damages resulting from the torts
of the agency and its employees. The procurement of this insurance constitutes a waiver of the
limits of governmental liability under section 3.736, subdivisions 4 and 4a, only to the extent
that valid and collectible insurance, including where applicable, proceeds from the Minnesota
Insurance Guaranty Association, exceeds those limits and covers the claim. Purchase of insurance
has no other effect on the liability of the agency and its employees. Procurement of commercial
insurance, participation in the risk management fund under this section, or provisions of an
individual self-insurance plan with or without a reserve fund or reinsurance does not constitute a
waiver of any governmental immunities or exclusions.
History: 1986 c 455 s 3; 1988 c 613 s 18; 1992 c 513 art 4 s 32; 1993 c 192 s 111; 1994 c
634 art 1 s 17; 1996 c 398 s 21; 2001 c 162 s 7,8; 2006 c 212 art 1 s 2

16B.86 PRODUCTIVITY LOAN ACCOUNT.
The productivity loan account is a special account in the state treasury. Money in the account
is appropriated to the commissioner of administration to make loans to finance agency projects
that will result in either reduced operating costs or increased revenues, or both, for a state agency.
History: 1987 c 365 s 16

16B.87 AWARD AND REPAYMENT OF PRODUCTIVITY LOANS.
    Subdivision 1. Committee. The Productivity Loan Committee consists of the commissioners
of administration, finance, revenue, and employee relations, and the state planning director. The
commissioner of administration serves as chair of the committee. The members serve without
compensation or reimbursement for expenses.
    Subd. 2. Award and terms of loans. An agency shall apply for a loan on a form provided
by the commissioner of administration. The committee shall review applications for loans and
shall award a loan based upon criteria adopted by the committee. The committee shall determine
the amount, interest, and other terms of the loan. The time for repayment of a loan may not
exceed five years.
    Subd. 3. Repayment. An agency receiving a loan under this section shall repay the loan
according to the terms of the loan agreement. The principal and interest must be paid to the
commissioner of administration who shall deposit it in the productivity loan fund.
    Subd. 4.[Repealed, 1997 c 7 art 2 s 67]
History: 1987 c 365 s 17

16B.875 REVIEW BY COMMISSIONER OF ADMINISTRATION.
The commissioner of administration shall review on a regular basis the duties and
responsibilities of the various state departments, agencies and boards which have an operational
effect upon the safety of the public, and recommend to the governor and the legislature such
organizational and statutory policies as will best serve the purposes of Laws 1969, chapter 1129.
History: 1969 c 1129 art 1 s 1; 1976 c 5 s 1; 1977 c 305 s 35,36; 1981 c 356 s 248; 1982 c
424 s 130; 1983 c 289 s 115 subd 1; 1985 c 248 s 70; 1Sp1985 c 10 s 87; 1987 c 312 art 1 s 26
subd 2; 1993 c 163 art 1 s 29; 1995 c 248 art 11 s 21; 1998 c 366 s 68; 1999 c 238 art 2 s 69

16B.88    Subdivision 1.[Renumbered 4.50, subdivision 1]
    Subd. 2.[Renumbered 4.50, subd 2]
    Subd. 3.[Renumbered 4.50, subd 3]
    Subd. 3a.[Renumbered 4.50, subd 4]
    Subd. 4.[Renumbered 4.50, subd 5]
    Subd. 5.[Repealed, 1999 c 86 art 2 s 6]
    Subd. 6.[Repealed, 1997 c 206 s 13]

16B.89 [Repealed, 1998 c 386 art 1 s 35]

16B.92 [Renumbered 4A.05]

16B.93 DEFINITIONS.
    Subdivision 1. Applicability. For purposes of sections 16B.93 to 16B.96, the terms in
this section have the meanings given them.
    Subd. 2. Contractor. "Contractor" means an individual, business entity, or other private
organization that is awarded a contract by the commissioner to negotiate and administer the price
contracts for prescription drugs under section 16B.94, subdivision 2.
    Subd. 3. Nongovernmental Pharmaceutical Contracting Alliance or Nongovernmental
Alliance. "Nongovernmental Pharmaceutical Contracting Alliance" or "Nongovernmental
Alliance" means the alliance established and administered by the commissioner under the
authority granted in section 16B.94.
    Subd. 4. Manufacturer. "Manufacturer" means a manufacturer as defined under section
151.44, paragraph (c).
    Subd. 5. Prescription drug. "Prescription drug" means a drug as defined in section 151.44,
paragraph (d) .
    Subd. 6. Purchaser. "Purchaser" means a pharmacy as defined in section 151.01, subdivision
2 , including pharmacies operated by health maintenance organizations and hospitals.
    Subd. 7. Seller. "Seller" means a person, other than a manufacturer, who sells or distributes
drugs to purchasers or other sellers within the state.
History: 1997 c 202 art 2 s 27

16B.94 NONGOVERNMENTAL PHARMACEUTICAL CONTRACTING ALLIANCE.
    Subdivision 1. Establishment and administration. The commissioner, in consultation with
appropriate experts on pharmaceutical pricing, shall establish and administer a Nongovernmental
Pharmaceutical Contracting Alliance. The Nongovernmental Alliance shall negotiate contracts for
prescription drugs with manufacturers and sellers and shall make the contract prices negotiated
available to purchasers. The commissioner shall select the prescription drugs for which price
contracts are negotiated. The commissioner shall, to the greatest extent feasible, operate the
alliance using the administrative and contracting procedures of the Minnesota Multistate
Governmental Contracting Alliance for Pharmaceuticals administered by the commissioner under
the authority granted in section 471.59. The commissioner may negotiate a price differential
based on volume purchasing and may also grant multiple awards.
    Subd. 2. Use of contractor. The commissioner may contract with an individual, business
entity, or other private organization to serve as a contractor to negotiate and administer the price
contracts for prescription drugs. In developing requirements for the contractor, the commissioner
shall consult with appropriate experts on pharmaceutical pricing.
    Subd. 3. Administrative costs. The commissioner may charge manufacturers and sellers that
enter into prescription drug price contracts with the commissioner under subdivision 1 a fee to
cover the commissioner's expenses in negotiating and administering the price contracts. The fee
established shall have the force and effect of law if the requirements of section 14.386, paragraph
(a) , are met. Section 14.386, paragraph (b), does not apply. Fees collected by the commissioner
under this subdivision must be deposited in the state treasury and credited to a special account.
Money in the account is appropriated to the commissioner to pay the costs of negotiating and
administering price contracts under this section.
    Subd. 4. Expansion to other states. The commissioner may expand the Nongovernmental
Alliance to other states and make the contract prices negotiated available to non-Minnesota
purchasers.
History: 1997 c 202 art 2 s 28

16B.95 STATE CONTRACT PRICE.
    Subdivision 1. Manufacturer and seller requirement. A manufacturer or seller that
contracts with the commissioner shall make the contract price negotiated available to all
purchasers.
    Subd. 2. Purchaser requirement. The commissioner shall require purchasers that purchase
prescription drugs at the contract price to pass at least 75 percent of the savings resulting
from purchases at the negotiated contract price to consumers. The commissioner may require
a purchaser that plans to purchase prescription drugs at the contract price negotiated by the
commissioner to submit any information regarding prescription drug purchase projections the
commissioner determines is necessary for contract price negotiations.
History: 1997 c 202 art 2 s 29

16B.96 NONDISCRIMINATION.
A health plan company, as defined in section 62Q.01, shall not discriminate against a
purchaser for taking advantage of the contract price negotiated by the commissioner.
History: 1997 c 202 art 2 s 30

16B.97 GRANTS MANAGEMENT.
    Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument or electronic
document defining a legal relationship between a granting agency and a grantee when the principal
purpose of the relationship is to transfer cash or something of value to the recipient to support
a public purpose authorized by law instead of acquiring by professional or technical contract,
purchase, lease, or barter property or services for the direct benefit or use of the granting agency.
    (b) This section does not apply to capital project grants to political subdivisions as defined by
section 16A.86.
    Subd. 2. Grants governance. The commissioner shall provide leadership and direction for
policy related to grants management in Minnesota in order to foster more consistent, streamlined
interaction between executive agencies, funders, and grantees that will enhance access to grant
opportunities and information and lead to greater program accountability and transparency. The
commissioner has the duties and powers stated in this section. An executive agency must do what
the commissioner requires under this section.
    Subd. 3. Discretionary powers. The commissioner has the authority to:
    (1) review grants management practices and propose policy and procedure improvements to
the governor, legislature, executive agencies, and the federal government;
    (2) sponsor, support, and facilitate innovative and collaborative grants management projects
with public and private organizations;
    (3) review, recommend, and implement alternative strategies for grants management;
    (4) collect and disseminate information, issue reports relating to grants management, and
sponsor and conduct conferences and studies; and
    (5) participate in conferences and other appropriate activities related to grants management
issues.
    Subd. 4. Duties. (a) The commissioner shall:
    (1) create general grants management policies and procedures that are applicable to all
executive agencies. The commissioner may approve exceptions to these policies and procedures
for particular grant programs. Exceptions shall expire or be renewed after five years. Executive
agencies shall retain management of individual grants programs;
    (2) provide a central point of contact concerning statewide grants management policies
and procedures;
    (3) serve as a resource to executive agencies in such areas as training, evaluation,
collaboration, and best practices in grants management;
    (4) ensure grants management needs are considered in the development, upgrade, and use of
statewide administrative systems and leverage existing technology wherever possible;
    (5) oversee and approve future professional and technical service contracts and other
information technology spending related to executive agency grants management activities;
    (6) provide a central point of contact for comments about executive agencies violating
statewide grants governance policies and about fraud and waste in grants processes;
    (7) forward received comments to the appropriate agency for further action, and may follow
up as necessary;
    (8) provide a single listing of all available executive agency competitive grant opportunities
and resulting grant recipients;
    (9) selectively review development and implementation of executive agency grants, policies,
and practices; and
    (10) selectively review executive agency compliance with best practices.
    (b) The commissioner may determine that it is cost-effective for agencies to develop and use
shared grants management technology systems. This system would be governed under section
16E.01, subdivision 3, paragraph (b).
History: 2007 c 148 art 2 s 22

16B.98 GRANTS MANAGEMENT PROCESS.
    Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation of
state funds, the recipient of the grant must agree to minimize administrative costs. The granting
agency is responsible for negotiating appropriate limits to these costs so that the state derives the
optimum benefit for grant funding.
    Subd. 2. Ethical practices and conflict of interest. An employee of the executive branch
involved directly or indirectly in grants processes, at any level, is subject to the code of ethics in
section 43A.38.
    Subd. 3. Conflict of interest. (a) The commissioner must develop policies regarding code of
ethics and conflict of interest designed to prevent conflicts of interest for employees, committee
members, or others involved in the recommendation, awarding, and administration of grants. The
policies must apply to employees who are directly or indirectly in the grants process, which
may include the following:
    (1) developing request for proposals or evaluation criteria;
    (2) drafting, recommending, awarding, amending, revising, or entering into grant agreements;
    (3) evaluating or monitoring performance; or
    (4) authorizing payments.
    (b) The policies must include:
    (1) a process to make all parties to the grant aware of policies and laws relating to conflict of
interest, and training on how to avoid and address potential conflicts; and
    (2) a process under which those who have a conflict of interest or a potential conflict
of interest must disclose the matter.
    (c) If the employee, appointing authority, or commissioner determines that a conflict of
interest exists, the matter shall be assigned to another employee who does not have a conflict of
interest. If it is not possible to assign the matter to an employee who does not have a conflict of
interest, interested personnel shall be notified of the conflict and the employee may proceed
with the assignment.
    Subd. 4. Reporting of violations. A state employee who discovers evidence of violation
of laws or rules governing grants is encouraged to report the violation or suspected violation to
the employee's supervisor, the commissioner or the commissioner's designee, or the legislative
auditor. The legislative auditor shall report to the Legislative Audit Commission if there are
multiple complaints about the same agency. The auditor's report to the Legislative Audit
Commission under this section must disclose only the number and type of violations alleged. An
employee making a good faith report under this section has the protections provided for under
section 181.932, prohibiting the employer from discriminating against the employee.
    Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is not valid
and the state is not bound by the grant unless:
    (1) the grant has been executed by the head of the agency or a delegate who is party to the
grant; and
    (2) the accounting system shows an encumbrance for the amount of the grant in accordance
with policy approved by the commissioner.
    (b) The combined grant agreement and amendments must not exceed five years without
specific, written approval by the commissioner according to established policy, procedures, and
standards, or unless the commissioner determines that a longer duration is in the best interest of
the state.
    (c) A fully executed copy of the grant agreement with all amendments and other required
records relating to the grant must be kept on file at the granting agency for a time equal to that
required of grantees in subdivision 8.
    (d) Grant agreements must comply with policies established by the commissioner for
minimum grant agreement standards and practices.
    (e) The attorney general may periodically review and evaluate a sample of state agency
grants to ensure compliance with applicable laws.
    Subd. 6. Grant administration. A granting agency shall diligently administer and monitor
any grant it has entered into.
    Subd. 7. Grant payments. Payments to the grantee may not be issued until the grant
agreement is fully executed.
    Subd. 8. Audit. (a) A grant agreement made by an executive agency must include an audit
clause that provides that the books, records, documents, and accounting procedures and practices
of the grantee or other party that are relevant to the grant or transaction are subject to examination
by the granting agency and either the legislative auditor or the state auditor, as appropriate, for a
minimum of six years from the grant agreement end date, receipt and approval of all final reports,
or the required period of time to satisfy all state and program retention requirements, whichever
is later. If a grant agreement does not include an express audit clause, the audit authority under
this subdivision is implied.
    (b) If the granting agency is a local unit of government, and the governing body of the local
unit of government requests that the state auditor examine the books, records, documents, and
accounting procedures and practices of the grantee or other party according to this subdivision, the
granting agency shall be liable for the cost of the examination. If the granting agency is a local unit
of government, and the grantee or other party requests that the state auditor examine all books,
records, documents, and accounting procedures and practices related to the grant, the grantee or
other party that requested the examination shall be liable for the cost of the examination.
    Subd. 9. Authority of attorney general. The attorney general may pursue remedies
available by law to avoid the obligation of an agency to pay under a grant or to recover payments
made if activities under the grant are so unsatisfactory, incomplete, or inconsistent that payment
would involve unjust enrichment. The contrary opinion of the granting agency does not affect the
power of the attorney general under this subdivision.
    Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law, an agency
may not require an Indian tribe or band to deny its sovereignty as a requirement or condition
of a grant with an agency.
History: 2007 c 148 art 2 s 23