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 received a Do Pass recommendation on a 9-5 vote in the House Finance and Taxation Committee on 2/5. It was rereferred to the Appropriations Committee for further discussion on 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 was amended and received a 13-0 Do Pass recommendation from the House Energy and Natural Resources Committee on 1/28. 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. The bill was amended and received a 6-0 Do Pass recommendation from the Senate Energy and Natural Resources Committee on 2/14. On the floor, the bill passed on a vote of 42-3 on 2/15.
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 was amended and received a 19-1 Do Pass recommendation from the House Appropriations Committee on 2/14.
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 1/28. On the floor, the bill failed with a vote of 0-91 on 1/31.
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 1/14. On the floor, the bill failed with a vote of 31-60 on 1/15.
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 and received a Do Pass recommendation of 13-0 in the House Energy and Natural Resources Committee on 2/4. The amendment removed the appropriation and changed the study to be done by the Empower Commission rather than Legislative Management. On the floor, the bill passed with a vote of 88-0 on 2/8.
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 and received a Do Pass recommendation by a vote of 7-6 on 2/4. On the floor, the bill passed with a vote of 65-23 on 2/8.
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 was amended and received a Do Pass recommendation of 10-2 from the House Agriculture Committee on 2/11. The bill was rereferred to the House Appropriations Committee on 2/12.
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. The bill passed off the floor with a 86-2 vote on 2/8.
HB1405 (Lefor) Relating to prohibiting blocking parking spaces for electric vehicles; and to provide a penalty. The bill was amended and received a Do Pass recommendation on 8-5 vote from the House Political Subdivisions Committee on 2/8. The bill passed off of the House floor with a 63-27 vote on 2/14.
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 was amended and received a Do Pass recommendation on a 9-3 vote from the House Transportation Committee on 2/11. The bill passed off the House floor with a 85-5 vote on 2/15.
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 House 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 received a Do Not Pass recommendation on a 13-1 vote in the House Industry, Business and Labor Committee on 2/5. The bill failed 23-70 on the House floor on 2/11.
HB1543 (Beadle) Definitions of Autonomous Technology and Vehicle, Requirements for Insurance for Testing, Safety and Registration Requirements, Manufacturer Liability, Department Rulemaking. The bill received a Do Not Pass recommendation on a 13-1 vote from the House Transportation Committee on 2/1. The bill failed on a 11-81 vote on the House floor 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 1/25. On the Senate Floor, the bill passed with a 26-19 vote on 1/30.
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 1/11. On the Senate Floor, the bill passed 47-0 on 1/14.
SB2148 (Mathern) A BILL for an Act to create and enact a new subsection to section 16.1‑08.1‑01, a new section to chapter 16.1‑08.1, and chapter 54‑66 of the North Dakota Century Code, relating to disclosures of expenditures, 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 sections 16.1‑08.1‑04.1, 28‑32‑01, 28‑32‑02, 28‑32‑03, 28‑32‑06, 28‑32‑07, and 28‑32‑08, subsection 5 of section 28‑32‑08.1, sections 28‑32‑08.2, 28‑32‑09, 28‑32‑10, 28‑32‑11, 28‑32‑12, 28‑32‑15, and 28‑32‑16, and subsections 2 and 4 of section 28‑32‑19 of the North Dakota Century Code, relating to the prohibition on personal use of campaign contributions and the rulemaking procedures and requirements for the North Dakota ethics commission; to provide a penalty; and to provide an appropriation. The bill received a hearing in the Senate Select Committee on Ethics, was amended and received a Do Pass recommendation on a 6-0 vote on 2/14. The bill was referred to Senate Appropriations for another hearing on 2/15.
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 1/21. On the Senate Floor, the bill passed 47-0 on 1/22.
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. The bill passed off the Senate floor 46-0 on 2/8.