The Minnesota Court of Appeals held oral arguments on April 29 in Housing First Minnesota v. Board of Electricity.
Via Zoom, attorneys for Housing First Minnesota and the State of Minnesota argued if the process used by the Board of Electricity in adopting the 2020 National Electrical Code
Courtney Ernston of member-firm Minnesota Construction Law Services represented Housing First Minnesota in challenging the process used by the Board of Electricity
Judge Theodora Gaïtas asked if the challenge was being brought against the nine provisions that the residential construction industry found objectionable. Ernston said that the legal challenges is to the adoption of the 2020 NEC as a whole, as the challenge is on procedural grounds.
On the process and violations, Ernston said that unlike other building codes adopted in Minnesota, the Legislature took the extra step to explicitly state that the Board must review the National Electrical Code pursuant to the rulemaking requirement under MN State Statures Chapter 14.
The case could have broad implications for rulemaking in Minnesota, even outside the building codes.
A decision will be issued within 90 days of the May 29 hearing.
Members with questions about the should contact Nick Erickson, director of research and regulatory affairs.