All Roll Calls
Yes: 113 • No: 25
North DakotaHB 12582025 Regular SessionHouseWALLET
AN ACT to amend and reenact subsection 2 of section 49-22-16 of the of the North Dakota Century Code, relating to energy conversion and transmission facility siting; and to provide for retroactive application.
Sponsored By: Mike Brandenburg (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Local rules control energy project siting
A state site certificate for an energy conversion facility cannot override local land use, zoning, or building rules. The commission cannot designate a site that violates those local rules. For transmission lines in a designated corridor, a permit can override local rules only if the Public Service Commission finds the local rule is unreasonably restrictive in light of technology, costs, or consumer needs, or it conflicts with state or federal law. The applicant must prove this by a preponderance of the evidence. Without that finding, routes that break local rules cannot be approved. These rules apply as of January 1, 2025.
More notice and deadlines for transmission routes
When a transmission application is filed, the commission notifies affected townships, cities, and counties. A public hearing cannot be held sooner than 45 days after that notice. Local governments must file a list of their applicable rules at least 10 days before the hearing. If they file late, those local rules are superseded and preempted. Before approval, applicants must follow the political subdivision’s road use agreements. The commission may override a local rule or road agreement only if the applicant proves it is unreasonably restrictive. These steps apply starting January 1, 2025.
Rules apply retroactively to Jan. 1, 2025
The law applies retroactively to January 1, 2025. Actions and filings on or after that date follow these new siting and preemption rules.
Sponsors & Cosponsors
Sponsor
Mike Brandenburg
Republican • House
Cosponsors
Glenn Bosch
Republican • House
Jim Grueneich
Republican • House
Jared C. Hagert
Republican • House
Craig Headland
Republican • House
Keith Kempenich
Republican • House
Mike Nathe
Republican • House
Todd Porter
Republican • House
Cole Conley
Republican • Senate
Greg Kessel
Republican • Senate
Dale Patten
Republican • Senate
Terry M. Wanzek
Republican • Senate
Roll Call Votes
Senate vote • 4/4/2025
Second reading, passed, yeas 27 nays 18
Yes: 27 • No: 18
House vote • 1/30/2025
Second reading, passed, yeas 86 nays 7
Yes: 86 • No: 7
Actions Timeline
Filed with Secretary Of State 04/17
4/21/2025HouseSigned by Governor 04/15
4/18/2025HouseSent to Governor
4/14/2025HouseSigned by Speaker
4/14/2025HouseSigned by President
4/9/2025SenateReturned to House
4/7/2025HouseSecond reading, passed, yeas 27 nays 18
4/4/2025SenateReported back, do not pass, placed on calendar 4 3 0
4/3/2025SenateCommittee Hearing 10:00
3/21/2025SenateIntroduced, first reading, referred Energy and Natural Resources Committee
2/13/2025SenateReceived from House
1/31/2025SenateSecond reading, passed, yeas 86 nays 7
1/30/2025HouseAmendment adopted, placed on calendar
1/27/2025HouseReported back amended, do pass, amendment placed on calendar 11 0 2
1/24/2025HouseCommittee Hearing 09:00
1/23/2025HouseIntroduced, first reading, referred Energy and Natural Resources Committee
1/13/2025House
Bill Text
Adopted by the House Energy and Natural Resources Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
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