HomeMy WebLinkAbout2024-08-19 ENR PacketAGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, August 19, 2024
7:00 p.m.
Maplewood City Council Chambers
1803 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval of Minutes
a.April 15, 2024
b.July 15, 2024
5.Unfinished Business
a.Green Building Code
6.New Business
7.Visitor Presentations
8.Commissioner Presentations
9.Staff Presentations (oral reports)
a.Environmental and Natural Resources Commission Vacancy Update
b.Climate Mitigation Planning Update
c.Trash and Recycling Contract Extension Update
c.Solid Waste Tours
1)Tennis Sanitation Recycling Facility - Wednesday, September 11, 11 a.m.
2)Ramsey/Washington Recycling and Energy Center - Tuesday, October
22, 4 p.m. (in lieu of the October 21 ENR Commission meeting)
d.Environmental Education and Outreach Opportunities
1)Celebrate Summer at Edgerton Park – August 23, 6 to 7:30 p.m.
2)Buckthorn Removal Training, Maplewood Nature Center, Friday,
September 6, 6 to 7:45 p.m.
3)Friday Night Fireworks (Touch a Truck) - Hazelwood Park, Friday,
September 20, 5 p.m. (fireworks at 8 p.m.)
10. Adjourn
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, April 15, 2024
7:00 P.M.
1.CALL TO ORDER
Chairperson Guell called a meeting of the Environmental and Natural Resources
Commission to order at 7:00 p.m.
2.ROLL CALL
Emma Broadnax, Commissioner Present
Rebecca Bryan, Commissioner Absent
Nancy Edwards, Commissioner Present
Benjamin Guell, Chairperson Present
David Lates, Commissioner Present
Ted Redmond, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
3.APPROVAL OF AGENDA
Commissioner Broadnax moved to approve the April 15, 2024, Environmental and
Natural Resources Commission meeting agenda.
Seconded by Commissioner Lates Ayes – All
Nays - None
The motion passed.
4.APPROVAL OF MINUTES
a.March 18, 2024
Commissioner Redmond moved to approve the March 18, 2024, Environmental
and Natural Resources Commission meeting minutes as written.
Seconded by Commissioner Broadnax Ayes – Commissioners Broadnax,
Guell, Lates, Redmond
Abstention – Commissioner
Edwards
The motion passed.
Agenda Item 4.a.
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5.NEW BUSINESS
a.Climate Mitigation Plan – Steering Committee Discussion
Environmental Planner Finwall detailed the climate mitigation plan. This is the
final and critical piece needed in the City’s climate resilience planning. A steering
committee will be established to help guide the planning process. The City is
requesting a representative from the City Council and all Commissions and
Boards to serve on the steering committee.
Chair Guell and Commission Lates expressed interest in serving on the Climate
Mitigation Steering Committee.
b. 2024 Work Plan and Environmental Priorities Implementation Plan
Environmental Planner Finwall outlined the 2024 work plan and the
environmental priority list. The Environmental and Natural Resources
Commission had recommended focusing on recycling and food scrap education
and outreach as the 2024 environmental priority. The Commission should
determine how best to implement the environmental priority.
The ENR Commission had the following feedback and questions:
•We should focus on promoting recycling and food scrap at all of the City
events including Fourth of July and Summer Celebrations.
•Does Ramsey County have food scrap education and outreach material
the Commission could use? Environmental Planner Finwall explained
that they do have materials we could use for our outreach.
•Does the City create a map of registered parties for National Night Out –
if so the Commission could visit those parties to promote recycling and
food scraps. Environmental Planner Finwall explained that the City does
create a map.
•The ENR Commission could coordinate the education and outreach with
other organizations such as BizRecycling.
c.2023 ENR Commission Annual Report
Environmental Planner Finwall presented the 2023 ENR Commission Annual
Report. The report will be presented to the City Council for final approval.
Chair Guell made a motion to approve the 2023 ENR Commission Annual
Report.
Seconded by Commissioner Edwards Ayes – All
Nays - None
6.UNFINISHED BUSINESS
None
3
7.VISITOR PRESENTATIONS
None
8.COMMISSIONER PRESENTATIONS
None
9.STAFF PRESENTATIONS
Environmental Planner Finwall updated the Environmental and Natural Resources
Commission on the following:
a.Metro Clean Energy Resource Teams 2024 Annual Event – May 2, 3:30 to 7
p.m.
b.2024 Environment Commissions Conference – May 1, 5 p.m. Tour, 6 p.m. Event
c.Waterfest – June 1, 11 a.m. to 4 p.m.
Commissioners Broadnax, Lates, Redmond, and Chair Guell expressed an
interest in assisting with the event.
d.Landscape Revival Native Plant Expo and Market – June 1, 9 a.m. to 1 p.m.
10.ADJOURNMENT
Commissioner Redmond made a motion to adjourn the meeting.
Seconded by Commissioner Lates. Ayes – All
The motion passed.
Chairperson Guell adjourned the meeting at 8:00 p.m.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
Monday, July 15, 2024
7:00 P.M.
1.CALL TO ORDER
Vice-Chairperson Lates called a meeting of the Environmental and Natural Resources
Commission to order at 7:17 p.m.
2.ROLL CALL
Emma Broadnax, Commissioner Absent
Rebecca Bryan, Commissioner Present
Nancy Edwards, Commissioner Present
Benjamin Guell, Chairperson Absent
David Lates, Commissioner Present
Ted Redmond, Commissioner Absent
Staff Present
Shann Finwall, Environmental Planner
3.APPROVAL OF AGENDA
Commissioner Bryan moved to approve the July 15, 2024, Environmental and Natural
Resources Commission meeting agenda.
Seconded by Commissioner Edwards. Ayes – All
Nays - None
The motion passed.
4.APPROVAL OF MINUTES
a.April 15, 2024
The April 15, 2024, approval of minutes has been tabled until the August 19
Environmental and Natural Resources Commission meeting.
5.UNFINISHED BUSINESS
a. Green Building Code
Environmental Planner presented the Green Building Code amendments.
The Commission had the following feedback and questions:
Agenda Item 4.b.
2
• Do privately funded buildings have to follow the Green Building Code? Staff
reports that only City funded buildings would have to follow the Green
Building Code, but privately funded buildings could voluntarily follow the
code. This will likely happen if the code is amended to be based on
performance-based codes such as LEED or Energy Star. There are currently
several LEED and Energy Start certified privately funded buildings in the City.
• Does the City or any other organization offer awards or recognition for
privately funded buildings that voluntarily follow the Green Building Code?
Staff reports that the City’s Green Building Code does have language that
outlines a future award or recognition program that could be set up.
However, to date that has not happened. For performance-based codes
those organizations do offer recognition.
• The City should include measurable data for electric vehicle and solar
requirements, instead of just requiring electric vehicle-ready parking lots and
solar-ready buildings.
• The Commission is hesitant to add too many additional standards to the
Green Building Code besides the electric vehicle, solar, and greenhouse gas
assessment requirements. Can staff give an update on this during the next
meeting?
• For the electric vehicle and solar requirements, the City should review the
future state requirements expected to roll out in the next few years. The
Green Building Code should include those requirements at a minimum.
The Commission will continue their discussion of the Green Building Code amendments
during the August 19 Environmental and Natural Resources Commission meeting.
6. NEW BUSINESS
None
7. VISITOR PRESENTATIONS
None
8. COMMISSIONER PRESENTATIONS
None
9. STAFF PRESENTATIONS
Environmental Planner Finwall updated the Environmental and Natural Resources
Commission on the following:
a. Waterfest Recap
The event is put on by the Ramsey-Washington Metro Watershed District. It was
held Saturday, June 1 at Phalen Regional Park in St. Paul. The Environmental
and Natural Resources Commission hosted a booth at the event. The booth
focused composting and food scrap recycling education and outreach.
b. Climate Mitigation Planning Update
3
The first Climate Mitigation Planning Workshop was held July 9 at the
Maplewood Community Center/YMCA. Twenty stakeholders including residents,
business owners, Commissioners, and staff are participating in the working
group. Two Environmental and Natural Resources Commissioners are
participating and will bring updates to the full Environmental and Natural
Resources Commission throughout the process, which is scheduled to continue
with six workshops throughout January 2025.
c.Trash and Recycling Contract Extension Update
The City Council authorized negotiations for a two-year extension to the trash
and recycling contracts. City staff is working with the haulers on those details.
The final contract is expected to go to the City Council for approval later this
summer.
d.Environmental and Natural Resources Commission Vacancy Update
There is one vacancy on the Environmental and Natural Resources Commission,
left when Mollie Miller resigned from the Commission last September 2023.
Maplewood has advertised to fill the vacancy, but no applications have been
received. The City will continue to advertise in the Maplewood Living and the
City’s social media accounts.
e.Solid Waste Tours
1)Tennis Sanitation Recycling Facility: Scheduled for Wednesday,
September 11 at 11 a.m.
2)Ramsey/Washington Recycling and Energy Center: Scheduled for
Tuesday, October 22 at 4 p.m. in lieu of the October 21 Environmental
and Natural Resources Commission meeting.
f.Environmental Education and Outreach Opportunities
1)Celebrate Summer at Afton Heights Park – July 26, 6 to 7:30 p.m.
2)National Night Out – August 6, 5 to 9 p.m.
3)Celebrate Summer at Edgerton Park – August 23, 6 to 7:30 p.m.
4)Touch a Truck at MCC/YMCA – September (date and time TBD)
10.ADJOURNMENT
Commissioner Bryan made a motion to adjourn the meeting.
Seconded by Commissioner Edwards. Ayes – All
The motion passed.
Vice-Chair Lates adjourned the meeting at 8:06 p.m.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT
Meeting Date August 19, 2024
REPORT TO:
REPORT FROM:
PRESENTER:
AGENDA ITEM:
Action Requested: ☐ Motion Discussion ☐ Public Hearing
Form of Action: ☐ Resolution ☐ Ordinance ☐ Contract/Agreement ☐ Proclamation
Policy Issue:
The purpose of the Green Building Code is to safeguard the environment, public health, safety and
general welfare through the establishment of green building requirements. The requirements are
designed to reduce the negative impacts and increase the positive impacts of the built environment
on natural environment and building occupants.
Recommended Action:
Review the draft Green Building Code and offer comment and feedback.
Fiscal Impact:
Is There a Fiscal Impact? No ☐ Yes, the true or estimated cost is $0
Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source
☐ Use of Reserves ☐ Other: n/a
Strategic Plan Relevance:
☐ Community Inclusiveness ☐ Financial & Asset Mgmt Environmental Stewardship
☐ Integrated Communication Operational Effectiveness ☐ Targeted Redevelopment
The Green Building Code helps reduce greenhouse gas emissions from the City’s built environment
and aligns with the City’s energy and climate goals as outlined in the Comprehensive Plan –
Sustainability Chapter and the Climate Adaptation Plan.
Background:
Green Building Code Background
The City adopted the Green Building Code in 2013. The code requires all City owned and funded
buildings to be constructed with energy efficient and green building elements above the state’s
building code requirements. The base document is the 2012 International Green Construction
Code. Municipalities throughout the United States can adopt the International Green Construction
Code, and sections of the code can be applied or exempt, depending on the city’s goals.
Agenda Item 5.a.
The GreenStep Cities Program identifies seven Minnesota cities that have some type of formal
sustainable building approach: Duluth, Edina, Maplewood, Rochester, St. Louis Park, and Saint
Paul. Minneapolis also has a sustainable building approach but are not part of the GreenStep
Cities program due to their size. Maplewood is the only Minnesota city that has adopted the Green
Construction Code, with the other municipalities adopting performance-based policies that use
existing green frameworks such as LEED or B3 guidelines.
Green Building Code Concerns
Last year the Environmental and Natural Resources (ENR) Commission reviewed the Green
Building Code to ensure it is meeting the City’s sustainability goals. The review found the following
concerns with the existing code:
1.Large portions of the green building code are difficult to enforce.
2.There are a variety of requirements for assessments and studies.
3.The building life cycle assessment requirement is confusing.
4.The code is difficult to work with from a design standpoint.
5.Architects are not as familiar with the Green Construction Code as other green codes such
as LEED certifications.
6.Developers express concern that building under the code costs more money, so they
ultimately ask for additional public funding or reduce the number of units.
7.Currently multi-family residential buildings of four stories or less are exempt from the code.
8.There are no electric vehicle charging station or renewable energy requirements in the 2012
version of the International Green Construction Code.
Green Building Code Assessment
The International Green Construction Code has been updated three times since 2012, which lends
to some of the confusion as outlined above. The 2021 version includes electric vehicle charging
station and renewable energy requirements. However, after a review of the overall updates and
challenges of the existing code the ENR Commission recommended the City adopt a performance
policy based on existing green frameworks that would be consistent with other Minnesota
municipalities. Standardization of sustainable building approaches has benefits including improving
efficiency and cost-effectiveness across the region, facilitating the adoption of sustainable building
practices, and reducing competition among cities for development.
Green Building Code Revisions
The ENR Commission reviewed the attached redline version of the Green Building Code during the
July meeting. Amendments are based on the ENR Commission’s review of best practices outlined
in the 2022 Minnesota Municipal Sustainable Building Policies Guide, and other cities’ sustainable
building approach. Following is a summary of the proposed amendments:
Green Building Rating System
New construction or major renovations to which the Green building ordinance applies are required
to be certified under an eligible Green Building Rating System at the listed rating levels. Applicants
may choose one Green Building Rating System with which to comply. Applicable versions of Green
Building Rating Systems include the most recent or current iteration of a rating system in existence
at the time of development application. Green Building Rating Systems mean any of the following:
1.LEED for New Construction and Major Renovations; Certified Silver or higher
2.LEED for Homes; Certified Silver or higher
2
3. State of Minnesota’s B3 Guidelines; Certified Compliant
4. National Green Building Standard
5. GreenStar Homes; Certified Silver or higher
6. Green Communities
Green Building Standards
New construction or major renovations to which the Green building ordinance applies are required
to implement the following green building standards:
1. Predicted greenhouse gas emissions. Calculate and report.
2. Electric vehicle charging capability (if parking is included). Install conduit that allows
charging stations to be installed at a future date.
3. Utilization of renewable energy. Evaluate 2% of on-site renewables; install if cost-effective
using SB 2030 guidance.
4. Diversion of construction waste from landfills and incinerators. Achieve 75% diversion rate.
ENR Commission Recommendations
The ENR Commission reviewed the proposed amendments during the July meeting and had the
following feedback:
1. The ENR Commission suggested limiting the green standards. This will allow the City to
focus on those key elements, and not require too many new regulations. Staff also noted
that many of the standards outlined in the guide, such as stormwater management, are
standards the City already requires for all developments in separate ordinances.
2. The standards should include specific and measurable requirements for electric vehicle
capacity and solar requirements, instead of just requiring electric vehicle-ready parking lots
and solar-ready buildings.
3. For the electric vehicle capacity, the City should review the proposed state requirements
currently being drafted by the Minnesota Department of Labor. The amended code should
include those requirements at a minimum, and be reviewed again once the state
requirements have been adopted in a few years.
Additional Review of Green Building Standards
Electric Vehicle Capacity
1. Minnesota Electric Vehicle Charging Station Rulemaking: The technical advisory groups’
draft EV scoping and technical document is attached for review. Final recommendations will
be made in November. The Department will adopt EV charging requirements for all new
parking facilities built in Minnesota as amendments to the 2024 IBC, which will be adopted
in the state in 2026.
The draft rules require three categories of EV parking space requirements including EV
Installed (charging station fully installed), EV Ready (installation of branch electric conduit
for future installation of a charging station), and EV Capable (raceway or cable assembly
installed between a junction box or outline located 3 feet of the space for future installation
of conduit and a charging station). Each category includes a required number of each
space depending on the required number of parking spaces as outlined in the City’s
ordinance.
3
Example: a parking lot that is required to have 26-50 parking spaces, must install 6 EV-
Capable, 1 EV-Ready, and 2 EV-Installed parking spaces.
2. Duluth’s Sustainable Building Policy: At least 2% of parking spaces be reserved for hybrid,
electric, or low energy vehicles, and that these spaces are near the main entrance of the
building.
3. Edina Sustainable Building Policy: At least 15% of parking spaces to have electric vehicle
charging capability. Level 2 or higher charging stations must make up 5% of parking stalls or
a conduit should be installed so that at least 10% of spaces are able to have stations
installed later.
4. Minneapolis Sustainable Building Policy: Buildings with 3 to 9 residential units to have
enclosed spaces supporting Level 1 charging and at least one Level 2 ready space, no
charging stations are required. Buildings with 10 or more residential units must have 10% of
parking spaces capable of Level 2 charging, but stations do not need to be installed where
there are fewer than 10 parking spaces. Another 20% of Level 2 ready charging is required
as well. Hotels and offices must have 10% of spaces with Level 2 stations, and 20%
capable of supporting Level 2 charging. Any other non-residential, off-street parking with
more than 20 spaces must provide 5% of spaces with Level 2 charging stations, and
another 5% need to be capable of Level 2 charging.
5. St. Louis Park Sustainable Building Policy:
a. All new or reconstructed parking structures or lots with at least 15 but no more than
49 spaces or expanded parking structures or lots that result in a parking lot with 15 to
49 parking spaces, shall install the following:
1) Multiple-family residential land uses shall have 5% of required parking as
Level 1 stations for resident parking. At least one handicapped accessible
parking space shall have access to an EVCS.
2) Non-residential land uses with parking spaces available for use by the
general public shall have one Level 2 station. At least one handicapped
accessible parking space shall have access to an EVCS.
b. All new or reconstructed parking structures or lots with at least 50 parking spaces or
expanded parking structures or lots that result in a parking lot with 50 or more
parking spaces, shall install EVSE as required below.
c. Multiple-family residential land uses shall have 10% of required parking as Level 1
stations for resident parking, and one Level 2 station for guest parking. At least one
handicapped accessible parking space shall have access to an EVCS.
d. Non-residential land uses with parking spaces available for use by the general public
shall have at least 1% of required parking as Level 2 stations with a minimum of two
spaces served by Level 2 charging, with at least one station adjacent to an
accessible parking space. In non-residential zoned districts, DC charging stations
may be installed to satisfy the EVCS requirements described above on a one-for-one
basis.
6. St. Paul Sustainable Building Policy:
4
a. All new surface parking facilities (not just facilities built under their green code) with
more than 15 parking spaces that require site plan review - at least 80% of the
facility’s parking spaces must have an electrical conduit or raceway connection to
electrical service with sufficient panel space reserved that is capable of operating at
Level 2 or greater power.
b. All new surface parking facilities (not just facilities built under their green code) with
more than 30 spaces that require site plan review - at least one 1 of the spaces per
each 30 must be served by installed wiring in electrical conduit or raceway, and
electrical service sufficient to supply electric vehicle charging at a minimum of 208
Volts power level. Such space may or may not include the associated above-ground
charging equipment for charging an electric vehicle.
Predicted Greenhouse Gas Emissions
1. Edina Sustainable Building Policy: Predicted greenhouse gas emissions. Calculated and
reported.
2. Minneapolis Sustainable Building Policy: Assessment of renewable energy generation
battery storage.
3. Rochester Sustainable Building Policy: Predicted and actual energy use and greenhouse
gas emissions – meet SB 2030 Energy Standard through design and operation.
4. St. Paul Sustainable Building Policy: Predicted and actual energy use and greenhouse gas
emissions – meet 2030 Energy Standard through design and operation.
Utilization of Renewable Energy
1. Duluth Sustainable Building Policy: At least 15% of one-family homes, two-family homes, or
townhouses need to have solar panels installed. At least 20% of residential dwellings must
be pre-wired for solar panels. Solar panels must be installed on at least 50% of buildings in
a multi-building complex.
2. Minneapolis Sustainable Building Policy: Meet 10% of annual energy need on-site through
renewables if cost effective through use of social cost of carbon and 15-year simple
payback; project must be solar capable.
3. Northfield Sustainable Building Policy: Evaluate the possibility of providing 2% of the energy
load of a building with on-site renewables specifically.
Diversion of Construction Waste from Landfills and Incinerators
1. Maplewood Green Building Code: Maplewood’s current Green Building Code requires the
diversion of 75% of construction waste.
2. Rochester Sustainable Building Policy: 75% diversion of construction waste from landfills
and incinerators.
3. St. Louis Park Sustainable Building Policy: 75% diversion of construction waste from
landfills and incinerators.
5
Summary
The ENR Commission should review the green building standards included in other city’s
sustainable building policies, and offer comment and feedback on the proposed Maplewood green
building standards.
Attachments:
1.Minnesota Municipal Sustainable Building Policies Guide
2. Maplewood Draft Green Building Code Amendment
3.Minnesota Department of Labor and Industry Technical Advisory Group EV Charging Space
Recommendation
6
Created: 2024-01-10 15:55:17 [EST]
(Supp. No. 9)
Page 1 of 3
Sec. 12-41. Green building.
(a)Scope. This ordinance applies to the regulations of "green building" within the City of Maplewood, Ramsey
County, Minnesota. This section focuses on residential, commercial and industrial buildings in the City of
Maplewood. This section applies to City of Maplewood owned and financed buildings. as determined by the
city manager and approved by the city council. Financed buildings is derived from the following sources: City
of Maplewood, Community Development Block Grants, Bonds, Tax Increment Financing, HOME Investment
Partnership Program, Housing Redevelopment Authority Funds, Land Write-Downs, Low-Income Housing Tax
Credits, or any other federal, state, regional or City funding source. Other buildings within the City of
Maplewood are not subject to the code provisions of this section unless the building owner or representative
accepts these provisions as a volunteer commitment. The City of Maplewood shall establish an incentive plan
for private property choosing the voluntary commitment.
(b)Purpose and intent. It is the goal of the City of Maplewood to provide green building program provisions
consistent with the scope of a green construction code. This green building program is intended to safeguard
the environment, public health, safety and general welfare through the establishment of requirements to
reduce the negative impacts and increase the positive impacts of the built environment on the natural
environment and building occupants. The green building program is not intended to abridge or supersede
safety, health or environmental requirements under other applicable codes or ordinances.
(c)Green Building Rating SystemsBase documents
New construction or major renovations to which the Green building ordinance applies are required to be
certified under an eligible Green Building Rating System at the listed rating levels. Applicants may choose
one Green Building Rating System with which to comply. Applicable versions of Green Building Rating
Systems include the most recent or current iteration of a rating system in existence at the time of
development application. Green Building Rating Systems mean any of the following:
(1)LEED for New Construction and Major Renovations; Certified Silver or higher
(2)LEED for Homes; Certified Silver or higher
(3)State of Minnesota’s B3 Guidelines; Certified Compliant
(4)National Green Building Standard
(5)GreenStar Homes; Certified Silver or higher
(6)Green Communities
(1)ICC 700-2008 National Green Building Standards. This standard applies to detached one- and two-
family dwellings and multiple single-family dwellings (townhouses) not more than three stories in
height above grade plane with a separate means of egress, their accessory structures, and the site or
lot upon which these buildings are located. This standard shall also be used for subdivisions, building
sites, alterations, additions, renovations, mixed-use residential buildings, and historic buildings, where
applicable.
(2)2012 International Green Construction Code. The provisions of this code shall apply to the design,
construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment,
building site, maintenance, removal and demolition, of every building or structure or any
appurtenances connected or attached to such buildings or structures and to the site on which the
building is located.
(3)Requirements determined by the jurisdiction (Maplewood).
TABLE 302.1
Attachment 1
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(Supp. No. 9)
Page 2 of 3
Section Section Title or Description and
Directives
Jurisdictional
Requirements
CHAPTER 1. SCOPE
101.3
Exception
1.1
Detached one- and two-family dwellings
and multiple single-family dwellings
(town-houses) not more than three
stories in height above grade plane
with a separate means of egress,
their accessory structures, and the
site or lot upon which these
buildings are located, shall comply
with ICC 700.
X Yes □ No
101.3
Exception
1.2
Group R-3 residential buildings, their
accessory structures, and the site or
lot upon which these buildings are
located, shall comply with ICC 700.
X Yes □ No
101.3
Exception
1.3
Group R-2 and R-4 residential buildings
four stories or less in height above
grade plane, their accessory
structures, and the site or lot upon
which these buildings are located,
shall comply with ICC 700.
□ Yes X No
CHAPTER 4. SITE DEVELOPMENT AND LAND USE
402.2.1 Flood hazard area preservation, general □ Yes X No
402.2.2 Flood hazard area preservation, specific □ Yes X No
402.3 Surface water protection □ Yes X No
402.5 Conservation area □ Yes X No
402.7 Agricultural land □ Yes X No
402.8 Greenfield sites □ Yes X No
407.4.1 High-occupancy vehicle parking □ Yes X No
407.4.2 Low-emission, hybrid and electric vehicle
parking
□ Yes X No
409.1 Light pollution control □ Yes X No
CHAPTER 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY
503.1 Minimum percentage of waste material
diverted from landfills
□ 50%
□ 65%
X 75%
CHAPTER 6. ENERGY CONSERVATION, EFFICIENCY AND CO2eEMISSION REDUCTION
302.1,
302.1.1,
602.1
zEPI of Jurisdictional Choice - The
jurisdiction shall indicate a zEPI of
46 or less in each occupancy for
which it intends to require
enhanced energy performance.
Occupancy: na
zEPI: na
Created: 2024-01-10 15:55:17 [EST]
(Supp. No. 9)
Page 3 of 3
604.1 Automated demand response
infrastructure
□ Yes X No
CHAPTER 7. WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY
702.7 Municipal reclaimed water □ Yes X No
CHAPTER 8. INDOOR ENVIRONMENTAL QUALITY AND COMFORT
804.2 Post-Construction Pre-Occupancy
Baseline IAQ Testing
□ Yes X No
807.1 Sound Transmission and sound levels □ Yes X No
CHAPTER 10. EXISTING BUILDINGS
1007.2 Evaluation of existing buildings X Yes □ No
1007.3 Post Certificate of Occupancy zEPI,
energy demand, and CO2 e
emissions reporting
□ Yes X No
(d) Other green building standards. Exceptions and deletions to the base documents.
(1) Predicted greenhouse gas emissions. Calculate and report.2012 International Green Construction Code
Section 101.3, exception 4 shall be deleted.
(2) Electric vehicle charging capability (if parking is included). Install conduit that allows charging stations
to be installed at a future date. 2012 International Green Construction Code Section 301.1.1 shall be
deleted.
(3) Utilization of renewable energy. Evaluate two (2) percent of on-site renewables; install if cost-effective
using SB 2030 guidance.2012 International Green Construction Code Chapter 6 shall be an optional
chapter. The 2012 International Energy Conservation Code shall be used, but not both or portions of
both.
(4) Diversion of construction waste from landfills and incinerators. Achieve 75% diversion rate.
(e) General section provisions.
(1) Interpretation. In interpreting this section and its application, the provisions of these regulations shall
be held to the minimum requirements for the protecction of public health, safety and general welfare
as determined by the building official.
(2) Conflict. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicaable. Where, in any specific case, different sections of the code
specify different materials, methods of construction or other requirements, the most practical
requirement to meet the intent of the code shall govern. The provisions of this code shall not be
deemed to nullify any provisions of local, state or federal law.
(Ord. No. 933, §§ 1—4, 9-23-2013)
Updated February, 2022
Originally published January, 2021
Prepared by
Katie Jones, Marisa Bayer
Center for Energy and Environment
In collaboration with
Hennepin County
MINNESOTA MUNICIPAL SUSTAINABLE
BUILDING POLICIES GUIDE
Policy Framework and Implementation Recommendations
Attachment 2
1
OVERVIEW
Cities throughout Minnesota seek to improve public health,
environmental justice, and environmental and economic
sustainability. As cities set targets to reduce carbon
emissions, reduce waste, protect natural areas, and mitigate
stormwater runoff, many are turning to building-related
strategies to help achieve these goals.
Generally, cities have three main levers to create change:
mandatory requirements, process incentives, and financial
incentives. Because the State of Minnesota sets the building
code, cities are unable to establish building requirements that
are more strict than existing code; however, with financial
levers and authority over land use, cities have tremendous
potential to use sustainable building policies as a tool to make
progress toward sustainability goals.
To date, Minnesota cities have taken three approaches in the
application of sustainable building policies, listed below in
order of impact:
1.Mandatory approach (Recommended). This policy
approach identifies default sustainability requirements
for funding programs and land use variances above
certain thresholds. These requirements are in addition
to other program and land use requirements.
2.Scoring approach. Buildings are scored on a set of
criteria and those with the highest scores qualify for
city program funding and approval.
3.Suggestion approach. Developers are strongly
encouraged to consider sustainability in construction
through a sustainability questionnaire.
Based on research of existing policies and interviews with
Minnesota cities, we identified best practices and
recommendations for creating a framework and implementing
a mandatory sustainable building policy.
The intent of this guide is to provide a resource for cities
considering sustainable building policies and to encourage
standardization across cities. Standardization has many
benefits including improving efficiency and cost-effectiveness
across the region, facilitating the adoption of sustainable
building practices, and reducing competition among cities for
development.
Sustainable Building Policy
Defined
Sustainable building policies
establish minimum
sustainability criteria that go
beyond existing state code for
new construction or
significantly renovated
developments. Included criteria
typically target areas for
pollution reduction and
resource conservation. Also
known as green building
policies.
Existing Policies
As of 2022, eight Minnesota
cities have some type of
formal sustainable building
approach: Duluth, Edina,
Maplewood, Minneapolis,
Northfield, Rochester, St.
Louis Park, and Saint Paul.
The affected building types,
triggers, and criteria vary by
policy, although some
standardization is taking
shape. See the Appendix for
detailed comparison of the
policies.
2
POLICY FRAMEWORK GUIDE
A policy framework addresses the fundamental questions of “what” and “who” — what does the
policy cover, who does this apply to, who manages the policy, and what happens with non-
compliance.
Identify City Overlay and Applicable Rating Systems
The first step is to understand the universe of existing third-party green building rating systems.1
Such rating systems provide processes for developers to achieve the city’s aims. Rating
systems are often similar but not identical. For that reason, the city should note the strengths
and weaknesses of the rating systems relative to one another and make a list of priority impacts
the city wants to target. That list, along with considerations of other city goals, becomes a city
overlay — a set of specific measurable minimum requirements that go beyond the base
construction code and may exceed a standard’s requirements.
Figure 1: Example relationship between the city overlay and an existing rating system for a single-
family home new construction. A development must comply with everything in the city overlay.
For many components, the MN Green Communities rating system meets the city’s criteria.
However, as this example shows the city is specifically targeting higher building performance with
DOE Zero Energy Ready certification.
Applicable rating systems and the overlay should both be included in a policy. The two work in
tandem, giving the city high-level policy customization, while giving developers flexibility in how
to meet the targets. One benefit for the city is that using such rating systems lessens the need
for specialized staff. In addition, leveraging existing rating systems that are well known in
today’s construction industry allows for ease of communication and cost-effectiveness of
implementation.
1 Green building rating systems — sets of sustainability criteria with detailed and proscriptive pathways for
meeting the criteria. They are generally broad covering many sustainability areas (e.g., water, energy, waste,
materials) and can include topic focused standards (e.g., Sustainable Buildings 2030 energy standard).
DOE Zero
Energy
Ready
Homes
ENERGY
STAR®
certification
Water
conservation,
waste
diversion,
indoor
environmental
quality,
etc.
City Overlay:
Single Family
Residential
Rating System: MN
Green Communities
3
Leverage existing third-party rating systems
Cities with existing sustainable building policies recognize the value of standardization
across the region — the more ubiquitous the rules, the more practiced the industry
becomes at complying with them and the more cost-effective implementation becomes.
Because of the unique characteristics of different building types, policy requirements
should specify the appropriate rating system for each building type. The table below
shows the most common and recommended minimum rating systems and their
associated levels by building type.
Municipal,
Commercial, Mixed-
Use, Industrial
• LEED for New Construction and Major Renovations;
Certified Silver or higher
• B3 Guidelines
Multifamily
• LEED for New Construction and Major Renovations;
Certified Silver or higher
• B3 Guidelines
• GreenStar Homes; Certified Silver or higher
• Green Communities *
Single-family
• LEED for Homes; Certified Silver or higher
• MN GreenStar; Certified Silver or higher
• Green Communities*
Parking • Park Smart Silver
*For projects with MHFA funding, it is recommended that the MN Overlay version be used.
Establish City Overlay Criteria
Below we lay out the most common overlay criteria. Where possible, criteria are
performance-based, which gives developers flexibility, and drives innovation and cost
efficiencies. Cities should prioritize criteria for adoption that balance needs for
implementation with city goals to ensure policy success.
It is also important to note that as environmental and economic conditions change,
flexibility within each criterium is valuable. For that reason, it is recommended that a
department director be charged with promulgating the detailed overlay requirements. It is
also critical to include a third-party verification component in the policy. Verifiers should
be proposed by the developer and acceptable to the city.
4
Recommended Overlay Criteria Recommended Rule
Predicted and actual energy use
Meet SB 2030 Energy Standard through
design and operation; for 1-3-unit buildings,
meet DOE’s Zero Energy Ready Homes
standard.
Predicted greenhouse gas
emissions
Calculate and report.
Predicted and actual use of
potable water
Achieve 30% below the water efficiency
standards of the Energy Policy Act of 1992.
Predicted use of water for
landscaping
Achieve 50% reduction from consumption of
traditionally irrigated site.
Utilization of renewable energy Evaluate 2% of on-site renewables; install if
cost-effective using SB 2030 guidance.
Electric vehicle charging
capability (if parking is
included)
Install conduit that allows charging stations to
be installed at a future date.
Diversion of construction waste
from landfills and incinerators
Achieve 75% diversion rate
Indoor environmental quality
Use low-VOC (volatile organic compounds)
materials including paints, adhesives,
sealants, flooring, carpet, as well as ASHRAE
thermal and ventilation minimums.
Stormwater management
Adhere to quantity and quality requirements,
including infiltration rate, suspended solid,
and phosphorous reductions.
Resilient design
Document a design response to several
identified potential shocks and stressors such
as utility interruption, extreme rainfall and
transportation interruption. Design Team shall
integrate the identified strategies into the
design of the project.
Ongoing monitoring of actual
energy and water use
Benchmark using ENERGY STAR® Portfolio
Manager annually.
5
Policy Triggers
Given the regional competition for development, cities often balance priorities of encouraging
development while achieving community-wide goals, such as sustainability targets. For this
reason, we 1) encourage the greatest number of cities to adopt similar sustainable building
policies to standardize the practice across a region, and 2) recommend cities consider their
unique leverage points for the greatest impact. Cities can use the following triggers to activate a
sustainable building policy:
1.Funding incentives. The most straightforward trigger is a
developer’s request for public funding. To date, several cities
have successfully used a minimum trigger of $200,000 in
cumulative public funding. The types of qualifying funding
sources vary. We recommend maximizing public funding
sources for the greatest impact. (See examples below.)
2.Land use incentives. Though there is little track record of this
approach for sustainability in Minnesota, it is used in other
areas of the country. For cities with established zoning rules,
we recommend cities consider three types of land use triggers:
a.Planned unit development (PUD). Where a city has a
large tract of land for development, it can set high-level
density and other rules, such as a sustainable building
policy, for the site, while giving the developer flexibility
in how that is accomplished.
b.Premiums. Setting clear expectations for developers
can reduce costs and encourage specific types of
development. We recommend cities consider codifying
sustainability premiums as an incentive for density and
height bonuses.
c.Variance. Where not codified as premiums, cities
should consider applying a policy when more intense
variances are requested.
3.Process incentives. Cities can create faster approval processes and higher prioritization in
permit and inspection reviews for developments that adhere to the sustainable building
policy. This has not yet been tried in Minnesota but has been done elsewhere.
4.Building size. Because larger building developments have the greatest environmental
impact and more sophisticated design teams, we recommend that a policy apply to buildings
that meet the following size thresholds. This trigger is only activated when a project receives
a funding, land use, or process incentive.
a.New construction of 10,000 square feet and greater.
b.Significant renovation of buildings 10,000 square feet and greater that include a new
heating, ventilation, and air conditioning (HVAC) system.
Funding Sources
Comprehensive policies count all
public dollars toward the
threshold that triggers
compliance including:
1.Community Development
Block Grants (CDBG)
2.Bonds
3.Tax Increment Financing
(TIF)
4.HOME Investment
Partnership Program
5.Housing Redevelopment
Authority funds
6.Land write-downs
7.Low-Income Housing Tax
Credits (LIHTC)
8.A dedicated Sustainable
Building Policy fund
9.Any other Federal, State,
Regional (e.g., Met
Council), or City funding
source
6
Enforcement
Enforcement can be approached from two angles — either for financially incentivized projects or
for those triggered by land use and process incentives.
The financial incentive is often needed to encourage and make such developments viable in the
first place, making a financial penalty for non-compliance challenging to employ. For that
reason, the best practice is to be proactive on the front end, providing sufficient resources and
check-ins during the design development process to ensure compliance along the way.
For projects triggered by land use and process incentives, the city could enact a fine for
violation, which has been done in other American cities with some as high as $500 per day for
non-compliance. In either case, compliance with the sustainable building policy should be
included in the development agreement and loan documents.
Evaluation
Cities should evaluate a policy’s impact and adjust over time in order to meet stated goals. A
best practice is to build a framework for these components within the policy itself by requiring an
annual progress and impact report and setting a reassessment timeline (e.g., every 3-5 years)
for overlay criteria and the approved third-party rating systems.
Codify the Policy
After the city council or board adopts the sustainability building policy, it is important to codify
the policy within or near zoning- and planning-related chapters in city code because a
sustainable building policy concerns land development.
IMPLEMENTATION GUIDE
Before approval, it is important to have a plan to address questions of “how” — namely, how to
operationalize the policy. Policy adoption alone will not ensure a sustainable building policy will
be successful. Additional steps are needed to create structure, ownership, and awareness of
the policy.
Identify Leaders and Collaborators
Policies are often managed by departments that are responsible for education, awareness, and
enforcement. In some cases, these responsibilities may fall across departments, so it is
important early on to identify the department and individual who will take primary ownership for
the policy. Below is a list of key stakeholders to involve:
Sustainability Staff
As topic specialists, sustainability staff should either lead or play a significant part in
policy development and assist in policy implementation. Such staff can advocate for the
policy internally and educate external stakeholders. In addition, any initial meetings with
7
a project’s development team should include sustainability staff or other designated,
qualified individuals who can speak to the technical nature of sustainability requirements.
Planning Department
City planning departments should be involved in the management of the sustainable
building policy. City planners are responsible for reviewing project applications, engaging
with developers, and ultimately drafting the developer’s agreement, which is the
document holding a project developer accountable for following policies and codes.
External Collaborators
External partners can provide technical assistance to project teams to meet policy rating
systems. These generally fall into two categories:
•Specific: A partner that develops and manages an individual rating system is best
equipped to answer questions regarding pathways for compliance for their rating
system (e.g., USGBC for LEED).
•Broad: A partner that can answer questions across multiple rating systems.
Increase Awareness of the Policy
A key question to ask is: how do developers, architects, and contractors know the policy exists?
If the policy is new, or if major changes have been made to an existing policy, cities should take
proactive steps to inform their development community about how this policy will impact future
projects. At minimum, cities should post the policy clearly on the city’s website for easy access.
Additional engagement would build support and acceptance of the policy. We recommend cities
offer trainings, networking events, and building tours, as well as engage building associations to
spread the word about the policies. Cities could also partner on outreach initiatives to increase
reach and minimize cost.
Community Highlight: St. Louis Park, MN
Because the City’s Community Development Department oversees project and land use
applications as well as financial incentives for development, it is a natural fit for the
sustainable building policy to be managed by that department. Sustainability staff, who are
in a different department, remain engaged by attending project meetings with developers to
educate them about the City’s climate goals and aspects of the policy. The City also keeps
an architecture and engineering firm on retainer for more detailed review beyond
sustainability staff’s abilities and to help developers meet the goals of the policy.
Community Highlight: Rochester, MN
The City of Rochester hosts green building tours to showcase successful implementation of
their policy in new development. Developers and architects can tour new buildings, ask
questions, and learn how their peers are following Rochester’s sustainable building policy.
8
Identify Projects Subject to the Policy
Although a policy itself specifies minimum requirements for subject developments, the city must
create a process to easily identify incoming projects that meet those requirements. This is
accomplished by leveraging existing development review processes. Planners also often use
checklists and review guides to ensure projects meet required development policies and codes.
For that reason, we recommend cities use this process to integrate a review for the sustainable
building policy. Cities should make sure someone with sustainability expertise, either
sustainability staff or other designated reviewers, attend development review meetings.
Educate Project Teams
Once the city has identified an eligible project, the policy should be reviewed with the project’s
development team to ensure they understand all the components of the policy. This is a great
opportunity for development teams to ask questions and for city staff to champion their policy.
This meeting should be scheduled after a project application or funding application is received
to ensure policy criteria can be incorporated as early as possible in the design process. Having
the right people at the meeting will ensure that the policy expectations are clearly
communicated, and any questions are addressed. On the city’s side, this meeting should
include those involved in managing the policy, such as sustainability and planning staff. If the
city is working with an external collaborator to help with technical assistance, including them in
this meeting would be advantageous. From the project team, the architect and owner’s
representative should be invited so that the team responsible for designing and funding the
project understand the expectations.
Ensure Compliance
A best practice for compliance is for cities to connect project teams with external collaborators
who are technical experts in both the development process and sustainability requirements.
Cities then track compliance with the list of requirements. Because most projects that have been
subject to sustainable building policies in Minnesota have been commercial, mixed use, or large
multifamily, city staff have relied on the B3 Tracking Tool to monitor compliance for most
recommended overlay criteria and then have separate manual tracking mechanisms to track
any remaining criteria.
Community Highlight: Saint Paul, MN
The City of Saint Paul uses funding and size minimums to determine the projects subject to
their sustainable building policy. After public project funding is requested and before it is
approved, the staff member responsible for managing the policy is notified of the project.
Staff send a letter to the project team detailing compliance requirements for the project, and
soon after they hold a meeting involving the project team to review these requirements.
Sustainability staff leverage this opportunity to walk through the policy step by step to make
sure there are no surprises for the project team.
9
Another best practice is to leverage other existing processes for front end-confirmation of
sustainable design, such as Xcel Energy’s Energy Design Assistance program and other similar
utility programs that incentivize energy modeling to meet building performance criteria.
Enforce the Policy
Enforcement comes into play once a project receives the necessary approvals to start
construction. In most cases, following the previous steps will ensure that a project adheres to
the policy; however, if the project does not meet minimum standards, enforcement may be
necessary. Formal enforcement should be codified in the policy, so developers understand the
implications of not complying. Informally, city staff can communicate with project teams about
the negative impact to their relationship and concerns over future projects following city policies.
Evaluate Impact
Evaluating the policy’s impact helps city staff and city decision-makers understand if the policy
achieved the intended goals. Project reports should detail the size, cost, and anticipated savings
compared to actual performance. A summary of these along with the collective environmental
benefits (e.g., gallons of water and greenhouse gas emissions saved compared to code) should
be shared with city council, staff, and the public. In addition, annual or biennial reviews with
project teams, city staff, and external collaborators give valuable input into the effectiveness of
the policy. Cities should talk to project teams about what worked and what could be improved
about the sustainable building policy’s implementation process. They should also talk to external
collaborators and sustainability experts about the latest trends and best practices for
sustainable buildings. Having both quantitative and qualitative data on the policy’s success will
be useful during future policy updates to strengthen its impact.
FUTURE CONSIDERATIONS
Going forward, these policies should evolve as new sustainability standards become available
and as city goals around reducing structural racism and ensuring equity become clearer and
more focused. As cities find alignment on these issues, they should continue to exchange best
practices and evolve together. We recommend cities check in on at least a biannual if not
quarterly basis. This could be led by cities themselves or by an external coordinator.
Areas that may warrant further exploration include:
•Compliance tracking tool. Cities currently lack a holistic method for tracking
compliance for all property types and may benefit from the development of one.
Community Highlight: Rochester, MN
The City of Rochester structures their Tax Increment Financing (TIF) agreements as pay-as-
you-go disbursements, giving the city the opportunity to withhold future disbursements if a
project does not adhere to certain policies or codes. The city has used this approach for
projects in the Destination Medical Center and throughout the municipality.
10
•Additional compliance strategies. Another possible route to ensure compliance is by
leveraging permitting and inspections processes. However, because construction code
is prescriptive and most sustainability criteria is performance-based, there has been no
attempt in Minnesota thus far to take either of these two routes:
o During permit approval. Because cities approve permits that give the green
light for construction, they could explore issuing permits only once design models
adequately indicate that sustainability requirements will be met. Incorporating
permit approvals that are based on modeled designs of performance would
necessitate thorough consideration of expertise and permitting staff needs.
o During inspections. Building inspectors could take a bigger role in ensuring
sustainability criteria are incorporated during construction. Similar to design
review for permits, inspectors evaluate a building based on prescriptive code. For
that reason, inspector scope would need to expand to include evaluation against
a performance-based model design.
•A one-stop-shop for expertise on sustainable building policies. An external
collaborator would not only consult on multiple rating systems, but also serve as a single
point of communication for technical questions and compliance monitoring for project
teams and cities, respectively. This type of group has not yet been established to serve
Minnesota cities. However, such a partner with broad expertise, design review
experience, and implementation support ability could serve multiple cities while reducing
sustainability staff needs.
Although sustainable building policies have been around more than a decade in Minnesota,
there remain great opportunities for more cities to leverage such policy tools and for better
standardization among cities to ease implementation. As cities actively invest in new
developments or receive developer requests outside existing zoning rules, they can use these
policies to achieve sustainability goals. In the end, the built environment has strong impacts on
environmental health and livability, and sustainable building policies are an important tool to
build the physical environment that cities want and need.
APPENDIX
See a table summary of current Minnesota municipal sustainable building policies here:
https://www.mncee.org/minnesota-municipal-sustainable-building-policies-guide
11
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1
24CCP_103.1
CODE CHANGE PROPOSAL FORM
(Must be submitted electronically)
Author/requestor: Greg Metz Date: 5/30/2024
Email address: greg.metz@state.mn.us Model Code: IBC 2018
Telephone number: 651-284-5884 Code or Rule Section:
Firm/Association affiliation, if any: DLI/CCLD IBC 406.2.7 Electric Vehicle Charging & IBC 2704
Code or rule section to be changed: MR 1305
General Information Yes No
A.Is the proposed change unique to the State of Minnesota?☒☐
B.Is the proposed change required due to climatic conditions of Minnesota?☐☒
C.Will the proposed change encourage more uniform enforcement?☒☐
D.Will the proposed change remedy a problem?☒☐
E.Does the proposal delete a current Minnesota Rule, chapter amendment?☐☒
F.Would this proposed change be appropriate through the ICC code
development process?☐☒
Proposed Language
1.The proposed code change is meant to:
change language contained the model code book? If so, list section(s).
MBC 406.2.7 Electric Vehicle Charging.
change language contained in an existing amendment in Minnesota Rule? If so, list Rule part(s).
delete language contained in the model code book? If so, list section(s).
delete language contained in an existing amendment in Minnesota Rule? If so, list Rule
part(s).
add new language that is not found in the model code book or in Minnesota Rule.
MBC 202 Definitions
MBC 2704 Electric Vehicle Charging
2.Is this proposed code change required by Minnesota Statute? If so, please provide the citation.
Attachment 3
2
No
3.Provide specific language you would like to see changed. Indicate proposed new words with
underlining and strikeout words proposed to be deleted. Include the entire code (sub) section or
rule subpart that contains your proposed changes.
202 Definitions Add the following:
DIRECT CURRENT FAST CHARGING (DCFC) ELECTRIC VEHICLE SUPPLY EQUIPMENT
(EVSE): “Direct current fast charging (DCFC) electric vehicle supply equipment (EVSE)” means
equipment capable of fast charging on a 100 amp or higher 480V AC three-phase branch circuit. AC power
is converted into a controlled DC voltage and current within the EVSE that will then directly charge the
electric vehicle.
ELECTRIC VEHICLE (EV): A passenger motor vehicle for on-road use that is powered by an electric
motor drawing current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a
photovoltaic array, or another source of electric current. EV includes battery electric vehicles and plug-in
hybrid electric vehicles but does not include electric bicycles.
ELECTRIC VEHICLE (EV) CAPABLE SPACE: “Electric Vehicle (EV) capable space” means a
designated automobile parking space for which there is sufficient electrical capacity available and installed
on premises to supply EVSE that provides at a minimum Level 2 charging. An EV-Capable space has
electrical infrastructure, including but not limited to portions of raceways, cables, and conduits, and
panelboard or other electrical distribution space necessary for the future installation of a Level 2 electric
vehicle charging station.
ELECTRIC VEHICLE (EV) CHARGING STATION. “Electric vehicle (EV) charging station” means a
designated automobile parking space that has a dedicated connection for charging an electric vehicle using
Electric Vehicle Supply Equipment (EVSE).
ELECTRIC VEHICLE (EV) READY SPACE: “Electric Vehicle (EV) ready space” means a designated
automobile parking space that has sufficient electrical capacity installed in the space by means of a branch
circuit or other means permitted by the Minnesota Electrical Code and capable of supporting the installation
of an electric vehicle charging station providing at a minimum Level 2 charging.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE): Electrical circuitry and equipment dedicated
to EV charging including conductors, connectors, attachment accoutrements, personnel protection, power
outlets, apparatus and equipment installed for connecting an electric vehicle to premise wiring for the
purposes of charging, power export, or bidirectional current flow.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) INSTALLED SPACE: “Electric vehicle
supply equipment (EVSE) installed space” means a parking space provided with EVSE equipment that at a
minimum provides Level 2 charging. For purposes of this chapter “EVSE-installed space” has the same
meaning as “electric vehicle charging station.”
LEVEL 2 CHARGING EQUIPMENT. “Level 2 charging equipment” means EVSE charging equipment
supplied by not less than 30 amps at 208/240 volts single-phase.
PARKING FACILITIES. “Parking facilities” means parking lots, garages, ramps, or decks within or
adjacent to buildings that are used for parking passenger motor vehicles.
PASSENGER MOTOR VEHICLE. “Passenger motor vehicle” means any motor vehicle that is not a
commercial motor vehicle.
406.2.7 Electric vehicle charging stations and systems. Electric vehicle charging facilities shall
be installed in accordance with this section.
406.2.7.1 Scoping. In each location where parking facilities are provided, the number of
parking spaces equipped as EVSE-Installed Space, EV-Ready Space, and EV-Capable Space
shall be provided in accordance with this section. Where more than one parking facility is
3
provided on a site, EVSE-Installed, EV-Ready, and EV-Capable spaces shall be calculated
using the aggregate number of parking stalls provided. Fractions shall be rounded up to the
next higher whole number. EVSE-Installed, EV-Ready, and EV-Capable Spaces are
permitted to be allocated across the gross parking area provided the allocation complies with
the accessibility requirements of section 406.2.7.5.
Exception: Exclusively residential structures with four or fewer dwelling units shall
only be required to provide a conduit from the electrical panel to one parking space.
406.2.7.2 Installed Spaces Exceeding Minimums. EVSE-Installed Spaces that exceed the
minimum number of required EVSE-Installed Spaces may be used to satisfy requirements of
EV-Ready and EV-Capable Spaces. Installed EV-Capable Spaces that exceed the minimum
number of required EV-Capable Spaces may be used to satisfy requirements of EV-Ready
Spaces.
406.2.7.3 Identification. EVSE-Installed Spaces shall be identified by permanent signage
reading “Electric Vehicle Charging.” A permanent and visible label shall be posted in a
conspicuous place at the service panel to identify each panel space reserved for future EVSE
as required for EV-Capable and EV-Ready Spaces. Raceway termination points for EV-
Capable and EV-Ready Spaces shall be labeled as reserved for EVSE Equipment.
406.2.7.4 Number of Dedicated Parking Spaces. EVSE-Installed Spaces, EV-Ready
Spaces and EV-Capable Spaces shall be provided in quantities in accordance with Table
406.2.7.4. Where the calculation of percent served results in a fractional parking space, it
shall round up to the next whole number.
Exception: Where EVSE-Installed, EV-Ready, and EV-Capable spaces are provided
in accordance with section 2704.2.
Table 406.2.7.4
EVSE-Installed, EV-Ready and EV-Capable Space Requirements
Total Number of
Parking Spaces
(including charging
spaces)
EVSE-Installed EV-Ready EV-Capable
5-25 0 0 2a
26-50 2 1 6
51-75 3 2 11
76-100 4 3 15
101-150 6 5 23
151-200 8 6 30
201-300 12 9 45
301-400 15 11 62
401-500 20 15 75
501+ 20 + 2% of the total
number of spaces
above 500
15 + 1.5% of the total
number of spaces
above 500
75 + 7% of the total number
of spaces above 500
a.A minimum of one EV-Capable Space shall comply with the accessibility requirements of sections
406.2.7.5 and is permitted to be adjacent to an accessible parking space.
406.2.7.4.1 EV-Capable Spaces. Each EV-Capable Space used to meet the requirements of
Section 406.2.7.4 shall comply with Section 2704.1.1.
4
406.2.7.4.2 EV-Ready Spaces. Each branch circuit, or other means permitted by the
Minnesota Electrical Code, serving EV-Ready Spaces used to meet the requirements of
Section 406.2.7.4 shall comply with Section 2704.1.2.
406.2.7.4.3 EVSE-Installed Spaces. An installed EVSE with multiple charging plug
connections is permitted to serve the same number of EVSE-Installed spaces as charging
plug connections. Each EVSE installed to meet the requirements of Section 406.2.7.4,
serving either a single EVSE-Installed Space or multiple EVSE-Installed Spaces, shall
comply with section 2704.1.3.
406.2.7.5 Accessibility. Where parking is provided, accessible EVSE-Installed Spaces and
accessible EV-Capable Spaces shall be provided in compliance with the Minnesota Accessibility
Code Scoping Section 1107 and Technical Section A117.1 502.11.
ADD:
2704 Electric vehicle charging stations and systems.
2704.1 General. Where provided, electric vehicle charging systems shall be installed in accordance with
NFPA 70. Electric vehicle charging system equipment shall be listed and labeled in accordance with UL
2202. Electric vehicle supply equipment shall be listed and labeled in accordance with UL 2594.
Installations shall be in accordance with this section.
2704.1.1 EV-Capable Spaces. Each EV-Capable Space used to meet the requirements of Section
406.2.7.4 shall comply with the following:
1.A raceway or cable assembly shall be installed between a junction box or outlet located within 3
feet (914mm) of the EV-Capable Space and electrical distribution equipment where the route of
the raceway or cable assembly is located underground, or within a wall assembly or ceiling
assembly.
2.Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit
capacity in accordance with Section 2704.4
3.The electrical distribution equipment to which the raceway or cable assembly connects shall
have dedicated space for an overcurrent protection device and electrical capacity to supply a
calculated load in accordance with Section 2704.4.
4.The junction box or outlet and the electrical distribution equipment directory shall be marked
“For electric vehicle supply equipment (EVSE).”
2704.1.2 EV-Ready Spaces. Each branch circuit, or other means permitted by the Minnesota Electrical
Code, serving EV-Ready Spaces used to meet the requirements of Section 406.2.7.4 shall comply with
the following:
1.Terminate at an outlet or junction box located within 3 feet (914 mm) of each EV-Ready Space it
serves.
2.Have a minimum system and circuit capacity in accordance with 2704.4.
3.The electrical distribution equipment directory shall designate the branch circuit as “For electric
vehicle supply equipment (EVSE)” and the outlet or enclosure shall be marked “For electric
vehicle supply equipment (EVSE).”
2704.1.3 EVSE-Installed Spaces. An installed EVSE with multiple charging plug connections is
permitted to serve the same number of EVSE-Installed spaces as charging plug connections. Each EVSE
5
installed to meet the requirements of Section 406.2.7.4, serving either a single EVSE-Installed Space or
multiple EVSE-Installed Spaces, shall comply with the following:
1.Have minimum system and circuit capacity in accordance with Section 2704.4.
2.Have a nameplate rating not less than 7.2 kVA.
3.Be located within 3 feet (914 mm) of each EVSE-Installed Space it serves.
4.Be installed in accordance with the equipment manufacturers recommended instructions.
2704.2 Alternative Compliance Power Allocation Method. The alternative power allocation method shall
be permitted as an alternative to the requirements of section 2704.1. The total power in kVA shall be
determined based on the number of parking spaces in accordance with Table 2704.2. EV charging provided
using the alternative power allocation method shall include the following:
1.Any kVA combination of EV-Capable Spaces, EV-Ready Spaces, Level 2 charging
equipment, or Direct Current Fast Charging (DCFC) equipment;
2.The total kVA utilized for EVSE-Installed Level 2 or DCFC spaces shall meet or exceed the
minimum required by Table 2704.2; and
3.At least one space but not fewer than 25 percent of the total available parking spaces shall be
provided with Level 2 charging.
Table 2704.2
Alternative Compliance Power Allocation
Total number of
parking spaces
Total Minimum kVA
required in any combination
of EVSE-Installed Level 2a, or
DCFC, EV-Ready, or EV-
Capable at 7.2 kVA
Minimum required
kVA for EVSE-
Installed Level 2 or
DCFC Spacesb
5-25 14.4 0
26-50 93.6 23.4
51-75 115.2 28.8
76-100 158.4 39.6
101-150 244.8 61.2
151-200 316.8 79.2
201-300 475.2 118.8
301-400 633.6 158.4
401-500 792 198
501+ 10.5% of the total number of
spaces above 500 x 7.2 + 792
2% of the total
number of spaces
above 500 x 7.2 +
198
a.Level 2 EVSE has minimum nameplate rating of 7.2 kVA.
2704.3 Electric power supply. The building electrical service shall supply electricity to EV-Capable, EV-
Ready, and EVSE-Installed Spaces located in parking ramps, parking garages, or other parking facility
constructed in accordance with Minnesota Rules, chapter 1305. The electricity is permitted to be supplied
from a source other than the building electrical service for EV-Capable, EV-Ready, and EVSE-Installed
Spaces located in parking lots.
6
2704.4 System and circuit capacity. The system and circuit capacity shall comply with this section.
2704.4.1 Circuits for electric vehicle charging. The service panel shall provide sufficient capacity
and space to accommodate the circuit and over-current protective device for each EVSE-Installed,
EV-Ready and EV-Capable Space. Circuits for EVSE-Installed, EV-Ready and EV-Capable Spaces
shall have no other outlets. Termination points for EV-Ready and EV-Capable Spaces shall be
located where proposed future equipment for such purposes is intended to be installed.
2704.4.2 System Capacity. The electrical distribution equipment supplying the branch circuits
serving each EV-Capable Space, EV-Ready Space, and EVSE-Installed Space shall have a
calculated load of 7.2 kVA or the nameplate rating of the equipment whichever is larger, for each
EV-Capable Space, EV-Ready Space, and EVSE-Installed Space.
2704.4.3 Circuit Capacity. The branch circuit serving each EV-Capable Space, EV-Ready Space,
and EVSE-Installed Space shall have a rated capacity not less than 30 amperes at 208/240-volt
capacity or the nameplate rating of the equipment, whichever is larger.
4.Will this proposed code change impact other sections of a model code book or an amendment in
Minnesota Rule? If so, please list the affected sections or rule parts.
Yes, changes current Minnesota Rule 1305, Section 408.9.
Need and Reason
1.Why is the proposed code change needed?
There is a legislative mandate to include electric vehicle charging requirements for parking
associated with buildings.
2.Why is the proposed code change a reasonable solution?
The proposed makes provisions for installed EV charging ability for anticipated need within
the next three years, ready capacity which only requires the final equipment installation to
meet anticipated demand in 2030 and electrical capacity to meet projected demand in 2035.
3.What other considerations should the TAG consider?
There has already been a TAG convened to craft this specific proposed language. The
change is moving it into the building code rather than incorporating it into the energy code.
It is more appropriate that scoping comes from the building code because the focus is not
building energy conservation.
Cost/Benefit Analysis
1.Will the proposed code change increase or decrease costs? Please explain.
Proposed changes will increase construction costs.
2.If there is an increased cost, will this cost be offset by a safety or other benefit? Please explain.
The added scope increasing construction costs uses the most conservative projections for
electric vehicle utilization over the next ten years.
3.Are there any enforcement or compliance cost increases or decreases with the proposed code
change? Please explain.
No
4.Will the cost of complying with the proposed code change in the first year after the rule takes effect
exceed $25,000 for any one small business or small city? A small business is any business that has
7
less than 50 full-time employees. A small city is any statutory or home rule charter city that has less
than ten full-time employees. Please explain.
No. Other than positional verification, the verification of electrical provisions will be done
exclusively by state employees.
Regulatory Analysis
1. What parties or segments of industry are affected by this proposed code change?
Architects, Engineers, Construction Contractors, Building Officials and Inspectors, Electrical
inspectors, building owners and building tenants.
2. What are the probable costs to the agency and to any other State agencies of implementing and
enforcing of the proposed rule? Is there an anticipated effect on state revenues?
None
3. Are there less costly intrusive methods for achieving the purpose of the proposed rule?
No
4. Can you think of other means or methods to achieve the purpose of the proposed code change? If
so, please explain what they are and why your proposed change is the preferred method or means
to achieve the desired result.
The proposed change is the lowest impact option with the potential to produce desired results.
5. What are the probable costs of complying with the proposed rule, including the portion of the total
costs that will be borne by identifiable categories of affected parties, such as separate classes of
governmental units, businesses, or individuals?
None.
6. What are the probable costs or consequences of not adopting the proposed rule, including those
costs or consequences borne by identifiable categories of affected parties, such as separate
classes of government units, businesses, or individuals?
DLI violation of state statute for not incorporating electric vehicle charging requirements into
the state building code.
7. Are you aware of any federal regulation or federal requirement related to this proposed code
change? If so, please list the federal regulation or requirement and your assessment of any
differences between the proposed rule and the federal regulation or requirement.
No
8. Please include an assessment of the cumulative effect of the rule with other federal and state
regulations related to the specific purpose of the rule.
***Note: Incomplete forms may be returned to the submitter with instruction to complete the form. Only
completed forms can considered by the TAG.