North Dakota Update
The North Dakota legislature is completing committee work ahead of the upcoming crossover deadline on February 22. There has also been a lot of action on the House and Senate floor. The Lignite Energy Council has been tracking a list of bills of interest to our industry this session; please view below to see which bills those are and where they currently stand.
HB1066 (Nathe) “Operation Prairie Dog” -Relating to infrastructure funds; to amend and reenact subsection 5 of section 57-51-01 and sections 57-51-15, 57-51.1-07.3, and 57-51.1-07.5 of the North Dakota Century Code, relating to oil and gas tax revenue allocations; to provide a continuing appropriation; to provide for a report; and to provide an effective date.
- LEC supports, the bill was amended and DO PASS 9-5 in House Finance and Taxation Committee.
- Referred to Appropriations 2/6
HB1439 (Porter) CO2 from Lignite Coal Tax Incentive for Extended Oil Recovery. Relating to an oil extraction tax exemption for the incremental production from tertiary recovery projects using carbon dioxide; and to provide an effective date.
- LEC supports, the bill received a 13-0 Do Pass recommendation from the House Energy and Natural Resources Committee.
- The bill passed the House 92-0 on 1/30/19.
SB2044 (Myrdal) Relating to tampering with or damaging a critical infrastructure facility or a public service; and to provide a penalty.
- LEC supports, the bill is still in the Senate Energy and Natural Resources Committee.
- Amendments coming on 2/8
HB1014 (Appropriations Committee) Appropriation for the Industrial Commission. A BILL for an Act to provide for an appropriation for defraying the expenses of the industrial commission and the agencies under the management of the industrial commission; and to provide for a transfer.
- LEC Supports, the bill is still in the Appropriations Committee.
HB1086 (Agriculture Committee) A BILL for an Act to amend and reenact section 61‑01‑01 of the North Dakota Century Code, relating to waters of the state.
- The bill received a hearing in the Agriculture Committee where it received a Do Not Pass recommendation on a 13-0 vote.
- On the floor, the bill failed with a vote of 0-91.
HB1133 (Porter) Relating to limiting increases on electrical rates.
- This bill received a hearing in the House Industry, Business and Labor Committee where it received a Do Not Pass recommendation on 9-4 vote.
- On the floor, the bill failed with a vote of 31-60.
HB1167 (Magrum) Relating to exclusion and avoidance areas for a wind turbine; and to provide for application.
- The bill is still in the Political Subdivisions Committee.
HB1225 (Steiner) A BILL for an Act to provide for a legislative management study of future energy innovation; and to provide an appropriation.
- The bill was amended in the House Energy and Natural Resources Committee on 2/4 then received a Do Pass vote of 13-0. The amendment removed the appropriation and changed the study to be done by the Empower Commission rather than Legislative Management.
- On House Calendar
HB1238 (Owens) Relating to a fee for electric vehicles. The fee is $180 annually for an EV or $.015 per mile with a verified mileage log.
- The bill was amended by House Transportation Committee to reduce the fee to $110. It was voted as Do Pass by 7-6-1 on 2/4.
HB1383 (Brandenburg) Relating to the creation of an environmental impact mitigation fund and an environmental impact advisory board and to mitigating direct environmental impacts; to amend and reenact sections 49-22-05.1, 49-22-09, 49-22.1-03, and 49-22.1-09 of the North Dakota Century Code, relating to exclusion and avoidance areas and the factors considered by the public service commission when evaluating and designating sites, corridors, and routes; to provide for a report to the budget section; and to provide an appropriation.
- The bill is still in the House Agriculture Committee.
HB1392 (Zubke) A BILL for an Act to create and enact section 44‑04‑18.29 of the North Dakota Century Code, relating to confidentiality of records received by the board of university and school lands; and to provide a penalty.
- The bill received a hearing in the Government and Veterans Affairs Committee and received a Do Pass recommendation on a 12-0 vote on 2/4.
HB1405 (Lefor) Relating to prohibiting blocking parking spaces for electric vehicles; and to provide a penalty.
- The bill is still in the House Political Subdivisions Committee.
HB1418 (Ruby, D) Relating to automated vehicle network companies and autonomous vehicle operations; to amend and reenact subsection 1 of section 39-06.1-08 of the North Dakota Century Code, relating to nonmoving violations; and to repeal section 39-10-51 of the North Dakota Century Code, relating to unattended motor vehicles.
- The bill is still in the House Transportation Committee.
HB1521 (Pollert) Relating to reporting campaign contributions, restrictions on public officials and lobbyists, investigations of ethics violations, and implementing requirements of article XIV of the Constitution of North Dakota; to amend and reenact section 16.1‑08.1‑01, subsection 4 of section 16.1‑08.1‑02.1, sections 16.1‑08.1‑02.3, 16.1‑08.1‑02.4, 16.1‑08.1‑03.1, 16.1‑08.1‑04.1, 28‑32‑01, 28‑32‑02, 28‑32‑03, 28‑32‑06, 28‑32‑07, 28‑32‑08, 28‑32‑08.1, 28‑32‑08.2, 28‑32‑09, 28‑32‑10, 28‑32‑11, 28‑32‑12, 28‑32‑14, 28‑32‑15, 28‑32‑16, 28‑32‑17, 28‑32‑18, and 28‑32‑18.1, subsections 2 and 4 of section 28‑32‑19, and section 28‑32‑27 of the North Dakota Century Code, relating to rulemaking procedures, disqualification of hearing officers, and requirements for the North Dakota ethics commission; to provide for a penalty; to provide an appropriation; to provide an effective date; to provide an expiration date; and to declare an emergency.
- The bill is still in the Ethics Committee.
HB1538 (Hoverson) Relating to the freedom to teach students the strengths and weaknesses of scientific theories and controversies.
- The bill was withdrawn from further consideration.
HB1542 (Beadle) A BILL for an Act to create a task force for the purpose of studying the needs and challenges of North Dakota’s autonomous ecosystem; and to provide for a report to the legislative management.
- The bill was voted Do Not Pass 13-1 in the House Industry, Business and Labor Committee on 2/5.
HB1543 (Beadle) Definitions of Autonomous Technology and Vehicle, Requirements for Insurance for Testing, Safety and Registration Requirements, Manufacturer Liability, Department Rulemaking.
- The bill was voted Do Not Pass 13-1 by the House Transportation Committee on 2/1.
- The bill failed to pass on floor 11-81 on 2/6.
SB2061 (Kruen) Relating to a road use fee for electric and hybrid vehicles which is $248 annually for an electric vehicle; and to provide for a legislative management study on electric vehicle infrastructure.
- The bill is still received a Do Pass recommendation from the Senate Transportation Committee on a 4-2 vote.
- On the Senate Floor, the bill passed with a 26-19 vote.
SB2108 (Energy & Natural Resources Committee) Relating to citizen suit and intervention; to amend and reenact section 23.1-08-04 of the North Dakota Century Code, relating to coal combustion residuals; to provide a penalty; and to provide an effective date.
- The bill received a hearing in the Senate Energy and Natural Resources Committee and earned a Do Pass recommendation, with a 6-0 vote.
- On the Senate Floor, the bill passed 47-0.
SB2209 (Klein) Relating to protection for records related to critical infrastructure and security planning, mitigation, or threats.
- The bill received a hearing in the Senate Industry, Business and Labor Committee and earned a Do Pass recommendation with a 6-0 vote.
- On the Senate Floor, the bill passed 47-0.
SB2249 (Holmberg) Relating to the state energy research center and the state energy research center fund; and to provide a continuing appropriation.
- The bill received a hearing in the Senate Appropriations Committee and earned a Do Pass recommendation on a vote of 14-0 on 2/6.