North DakotaHB 10582025 Regular SessionHouse

AN ACT to create and enact a new chapter to title 23.1 of the North Dakota Century Code, relating to the regulation of aboveground storage tanks; to amend and reenact section 23.1-12-02 and subsection 7 of section 23.1-12-17 of the North Dakota Century Code, relating to the department of environmental quality and tank registration fees; and to provide a penalty.

Sponsored By: House Energy and Natural Resources

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Tank owners face new safety rules

North Dakota's environmental agency must set rules for covered aboveground tanks, including leak checks, records, release reports, cleanup, and closure. Rules also cover construction, permits, tank notices, delivery bans, and proof of money available for cleanup and injury claims. Many tank types are exempt; certain farm, residential, and diesel-generator tanks become covered through registration and eligibility for cleanup-fund reimbursement. The agency can inspect tanks and records, take emergency action, order compliance, and seek court orders. Violations carry civil penalties up to $12,500 per day for each violation; knowingly false required paperwork carries up to $12,500 per violation.

Some tanks lose cleanup fund coverage

The law excludes listed tank types from the petroleum release compensation fund's definition of covered tanks. Exclusions include tanks at terminals, midstream sites, specified industrial and energy facilities, and related fuel-transfer facilities. Asphalt, septic, pipeline breakout, and vapor recovery tanks are also excluded. Owners and operators of excluded tanks lose access to reimbursement through tank coverage. Fund reimbursement is also limited to the party that actually incurred cleanup time and materials.

Tank owners face fees and deadlines

The environmental agency can set reasonable aboveground tank permit fees based on expected processing, permit, monitoring, and inspection costs. The law does not set fee amounts. Collections go to the agency's operating fund, with spending subject to legislative approval. Agency rules now set tank registration payment deadlines, replacing July 1. Payments not received within 60 days after that deadline trigger a $25-per-tank monthly late fee.

Sponsors & Cosponsors

Sponsor

  • House Energy and Natural Resources

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 178 • No: 47

House vote • 4/7/2025

Second reading, passed, yeas 66 nays 24

Yes: 66 • No: 24

Senate vote • 3/25/2025

Second reading, passed as amended, yeas 45 nays 1

Yes: 45 • No: 1

House vote • 2/11/2025

Second reading, passed, yeas 67 nays 22

Yes: 67 • No: 22

Actions Timeline

  1. Filed with Secretary Of State 04/17

    4/21/2025House
  2. Signed by Governor 04/15

    4/18/2025House
  3. Sent to Governor

    4/14/2025House
  4. Signed by Speaker

    4/14/2025House
  5. Signed by President

    4/9/2025Senate
  6. Second reading, passed, yeas 66 nays 24

    4/7/2025House
  7. Concurred

    4/7/2025House
  8. Returned to House (12)

    3/26/2025House
  9. Second reading, passed as amended, yeas 45 nays 1

    3/25/2025Senate
  10. Amendment adopted, placed on calendar

    3/24/2025Senate
  11. Reported back amended, do pass, amendment placed on calendar 5 0 2

    3/21/2025Senate
  12. Committee Hearing 09:30

    3/6/2025Senate
  13. Introduced, first reading, referred Energy and Natural Resources Committee

    2/13/2025Senate
  14. Received from House

    2/12/2025Senate
  15. Second reading, passed, yeas 67 nays 22

    2/11/2025House
  16. Amendment adopted, placed on calendar

    2/10/2025House
  17. Reported back amended, do pass, amendment placed on calendar 12 0 1

    2/7/2025House
  18. Committee Hearing 09:00

    1/23/2025House
  19. Introduced, first reading, referred Energy and Natural Resources Committee

    1/7/2025House

Bill Text

  • Adopted by the House Energy and Natural Resources Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with Senate Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Senator Beard

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