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HF 3401

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to energy; providing for development and application of building energy
usage performance standards;amending Minnesota Statutes 2006, section
16B.325; Minnesota Statutes 2007 Supplement, section 216B.241, subdivision
1e, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 16B.325, is amended to read:


16B.325 SUSTAINABLE BUILDING GUIDELINES.

(a) 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.

(b) The commissioners of administration and commerce shall review the guidelines
periodically and incorporate performance standards developed under section 216B.241,
subdivision 9, into the guidelines as soon as practicable.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 216B.241, subdivision 1e,
is amended to read:


Subd. 1e.

Applied research and development grants.

(a) The commissioner
may, by order, approve and make grants for applied research and development projects
of general applicability that identify new technologies or strategies to maximize energy
savings, improve the effectiveness of energy conservation programs, or document
the carbon dioxide reductions from energy conservation programs. When approving
projects, the commissioner shall consider proposals and comments from utilities and
other interested parties. The commissioner may assess up to $3,600,000 annually for the
purposes of this subdivision. The assessments must be deposited in the state treasury
and credited to the energy and conservation account created under subdivision 2a. An
assessment made under this subdivision is not subject to the cap on assessments provided
by section 216B.62, or any other law.

(b) The commissioner, as part of the assessment authorized under paragraph (a),
shall annually assess and grant up to $500,000 for the purpose of subdivision 9.

Sec. 3.

Minnesota Statutes 2007 Supplement, section 216B.241, is amended by adding
a subdivision to read:


Subd. 9.

Building performance standards; Sustainable Building 2030.

(a) The
purpose of this subdivision is to establish cost-effective energy-efficiency performance
standards for new and substantially reconstructed commercial-industrial and institutional
buildings, which in combination with the use of renewable energy resources, can
ultimately eliminate carbon emissions from fossil-fuel energy in new and substantially
reconstructed buildings. For the purposes of this subdivision, the establishment of these
standards may be referred to as Sustainable Building 2030.

(b) The commissioner shall contract with the Center for Sustainable Building
Research at the University of Minnesota to coordinate development and implementation
of energy-efficiency performance standards, strategic planning, research, data analysis,
technology transfer, training, and other activities related to the purpose of Sustainable
Building 2030. The commissioner and the Center for Sustainable Building Research shall
develop a Sustainable Building 2030 implementation plan. This implementation plan
must include convening and maintaining a Sustainable Building 2030 Advisory Council
of architects, engineers, building owners, managers and developers, utilities, and other
experts and interested parties for the purpose of developing and overseeing cost-effective
energy-efficiency performance standards for new and substantially reconstructed buildings.

(c) Sustainable Building 2030 energy-efficiency performance standards must be
firm, quantitative measures of total building energy use and associated greenhouse
gas emissions per square foot for different building types and uses, that allow for
accurate determinations of a building's conformance with a performance standard. The
energy-efficiency performance standards may be updated every three or five years to
incorporate all cost-effective measures. The performance standards updates shall decrease
the allowed energy use per square foot until the performance standards for new buildings
reflect total building energy use that is 80 percent less than the energy use in existing
buildings in 2003 by no later than 2020. A performance standard must not be established
or increased absent a conclusive engineering analysis and approval of the Sustainable
Building 2030 Advisory Council that the higher performance standard would result in
cost-effective improvements in building design and construction.

(d) The annual amount of the contract with the Center for Sustainable Building
Research is up to $500,000. The Center for Sustainable Building Research shall expend
no more than $150,000 of this amount each year on administration, coordination, and
oversight activities related to Sustainable Building 2030. The balance of contract funds
must be spent for subcontracts with not-for-profit energy organizations, architecture and
engineering firms, and other qualified entities to undertake technical projects and activities
in support of Sustainable Building 2030. The primary work to be accomplished each
year by qualified technical experts under subcontracts is the development and thorough
justification of recommendations for specific energy-efficiency performance standards.
Additional work may include:

(1) research, development, and demonstration of new energy-efficiency technologies
and techniques suitable for commercial, industrial, and institutional buildings;

(2) analysis and evaluation of practices in building design, construction,
commissioning and operations, and analysis and evaluation of energy use in the
commercial, industrial, and institutional sectors;

(3) analysis and evaluation of the effectiveness and cost-effectiveness of Sustainable
Building 2030 performance standards, conservation improvement programs, and building
and energy codes; and

(4) development and delivery of training programs for architects, engineers,
commissioning agents, technicians, contractors, equipment suppliers, developers, and
others in the building industries.

(e) The commissioner shall require utilities to develop and implement conservation
improvement programs that are expressly designed to advance the Sustainable Building
2030 policy goal through implementation of the performance standards. These programs
must include offerings of design assistance and modeling, financial incentives, and
commissioning of new and substantially reconstructed buildings.

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