North DakotaHB 14002025 Regular SessionHouseWALLET

AN ACT to create and enact a new section to chapter 4.1-01 of the North Dakota Century Code, relating to conservation easements and leaseholds; and to amend and reenact sections 4.1-01-21, 4.1-01-21.1, and 49-22-09.2 of the North Dakota Century Code, relating to the federal environmental law impact review fund, the environmental impact mitigation fund, and mitigating environmental impacts; and to declare an emergency.

Sponsored By: Mike Brandenburg (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

New fund for energy project mitigation

North Dakota creates an environmental impact mitigation fund. Money paid under section 49-22-09.2 goes into this fund, and the commissioner deposits mitigation payments there. The fund can pay for expert work and for creating, restoring, or mitigating similar habitat harmed by a project. Work must be prioritized in this order: the area hit, then the county, then the region, then elsewhere in the state. The fund can buy and maintain easements or leaseholds for mitigation. The commissioner may invest the fund, spend it on a continuing basis, and is exempt from one general fund-handling rule and usual procurement rules for these contracts. The commissioner must write rules with the review committee and must tell the Public Service Commission about mitigation plans before permits are issued.

Ongoing funding for environmental law reviews

The federal environmental law impact review fund has a continuing appropriation to the commissioner. It holds money appropriated or transferred for section 4.1-01-19 purposes and any gifts, grants, and donations. The commissioner can invest the fund under the state investment board.

State can buy, time-limit mitigation easements

If you sell an easement or leasehold to offset an energy facility’s impacts, it can last only as long as the facility operates under chapter 49-22. The agriculture commissioner can buy and hold these interests in the state’s name. The state must end an easement or leasehold when it is no longer needed.

Sponsors & Cosponsors

Sponsor

  • Mike Brandenburg

    Republican • House

Cosponsors

  • Jim Grueneich

    Republican • House

  • Craig Headland

    Republican • House

  • Keith Kempenich

    Republican • House

  • Brandy L. Pyle

    Republican • House

  • Cynthia Schreiber-Beck

    Republican • House

  • Cole Conley

    Republican • Senate

  • Robert Erbele

    Republican • Senate

  • Greg Kessel

    Republican • Senate

  • Terry M. Wanzek

    Republican • Senate

  • Mark F. Weber

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 135 • No: 2

Senate vote 3/21/2025

Second reading, passed, yeas 43 nays 1, Emergency clause carried

Yes: 43 • No: 1

House vote 2/24/2025

Second reading, passed, yeas 92 nays 1, Emergency clause carried

Yes: 92 • No: 1

Actions Timeline

  1. Filed with Secretary Of State 03/31

    4/2/2025House
  2. Signed by Governor 03/27

    4/1/2025House
  3. Sent to Governor

    3/26/2025House
  4. Signed by Speaker

    3/26/2025House
  5. Signed by President

    3/25/2025Senate
  6. Returned to House

    3/24/2025House
  7. Second reading, passed, yeas 43 nays 1, Emergency clause carried

    3/21/2025Senate
  8. Reported back, do pass, place on calendar 7 0 0

    3/20/2025Senate
  9. Committee Hearing 09:30

    3/20/2025Senate
  10. Introduced, first reading, (emergency), referred Energy and Natural Resources Committee

    3/7/2025Senate
  11. Received from House

    2/25/2025Senate
  12. Second reading, passed, yeas 92 nays 1, Emergency clause carried

    2/24/2025House
  13. Amendment adopted, placed on calendar

    2/24/2025House
  14. Reported back amended, do pass, amendment placed on calendar 11 0 2

    2/21/2025House
  15. Committee Hearing 09:00

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

    1/13/2025House

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Porter

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