A bill for an act
relating to energy; requiring certain buildings to meet energy performance
standards; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 216C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Building type" means a category of buildings similar in design, function, and energy
use.
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(c) "Covered building" has the meaning given to "covered property" in section 216C.331,
subdivision 1.
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(d) "Energy" has the meaning given in section 216C.331, subdivision 1.
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(e) "Energy use intensity" has the meaning given in section 216C.331, subdivision 1.
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(f) "Energy Star Portfolio Manager" has the meaning given in section 216C.331,
subdivision 1.
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(g) "Final performance standard" means the numeric value of a performance metric that
covered buildings must meet by 2045.
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(h) "Financial distress" means that a covered building:
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(1) is the subject of a qualified tax lien sale or public auction due to property tax
arrearages;
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(2) is controlled by a court-appointed receiver based on financial problems;
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(3) is owned by a financial institution through default by the borrower;
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(4) has been acquired by deed in lieu of foreclosure; or
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(5) has a senior mortgage that is subject to a notice of default.
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(i) "Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride resulting from energy
used at a building site.
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(j) "Interim performance metric" means the numeric value of a performance metric that
covered properties must meet every five years until 2045.
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(k) "Multifamily affordable housing" means a covered building that:
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(1) contains five or more dwelling units;
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(2) is encumbered by an agreement that limits rents charged to tenants or imposes income
limits on tenants, whether those limits are imposed by a governmental entity or self-imposed
by the owner; and
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(3) receives or received financing or financial assistance from the federal government.
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(l) "Owner" means:
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(1) an individual or entity that possesses the title to a covered building; or
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(2) an agent authorized to act on behalf of the covered building owner.
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(m) "Performance metric" means an objectively verifiable numeric measure of building
performance with respect to energy use or greenhouse gas emissions.
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(n) "Total floor area" has the meaning given in section 216C.331, subdivision 1.
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The commissioner must establish and maintain a building
performance standards program. The purpose of the program is to reduce: (1) the amount
of energy used to (i) heat and cool buildings, and (ii) provide other energy services; and (2)
greenhouse gas emissions from buildings to assist the state in meeting the greenhouse gas
reduction goals under section 216H.02, subdivision 1.
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For the purposes of this section, a covered
building is classified as follows:
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Class new text end |
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Ownership new text end |
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Total floor area (square feet) new text end |
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1 new text end |
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City, state, county, school district, metropolitan council new text end |
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50,000 or more new text end |
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2 new text end |
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Private new text end |
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100,000 or more new text end |
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3 new text end |
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Private new text end |
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50,000 or more new text end |
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(a) No later than January 1,
2026, the commissioner must establish final performance standards with respect to energy
use and greenhouse gas emissions for all covered buildings. The commissioner must establish
the final performance standards at a level so that in 2045, if the performance standards are
met by all covered buildings:
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(1) the aggregated energy use intensity of all covered buildings is reduced by 30 percent
from a 2005 baseline; and
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(2) the aggregated greenhouse gas emissions from all covered buildings is reduced by
90 percent from a 2005 baseline.
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(b) When establishing final performance standards, the commissioner may utilize the
building types used in the Energy Star Portfolio Manager benchmarking tool or other building
types.
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(c) Class 1 covered buildings must meet the final performance standard no later than
2043. Class 2 covered buildings must meet the final performance standard no later than
2044. Class 3 covered buildings must meet the final performance standard no later than
2045.
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(d) Final performance standards established for a covered property containing more than
a single building type must be calculated on a pro rata basis based on the square footage of
each building type.
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