All Roll Calls
Yes: 198 • No: 76
North DakotaSB 23392025 Regular SessionSenateWALLET
AN ACT to create and enact a new chapter to title 49 of the North Dakota Century Code, relating to strict liability and a wildfire mitigation plan of a qualified utility; and to provide for a report.
Sponsored By: Greg Kessel (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Wildfire plans and public posting by utilities
Electric utilities, co-ops, city utilities, and transmission providers may create wildfire mitigation plans. Plans must map high-risk areas, set inspection timelines, and manage vegetation to ANSI A300 part 7. Procedures must also meet the 2023 National Electrical Safety Code. Plans must cover upgrades, costs, outreach, system restoration, and when to disable reclosers while balancing fire risk and keeping power and public safety services. If a public utility or transmission provider files a plan with the commission, it must post it online within 30 days, then update and refile every two years. It may file an annual compliance report by December 31 each year the plan is in effect; if filed, it must be posted online. Co-ops and municipal utilities submit plans to their boards, post them within 30 days of approval, and update and reapprove them every two years. They must give their board an annual compliance report and post it online.
New wildfire lawsuit rules for utilities
Courts may not use strict liability against a qualified utility in wildfire damage cases. If a utility prepares, publishes, and follows its wildfire mitigation plan, that counts as evidence it used reasonable care. People can still sue, but they must prove fault and can challenge the utility’s evidence.
Sponsors & Cosponsors
Sponsor
Greg Kessel
Republican • Senate
Cosponsors
Anna S. Novak
Republican • House
Jeremy Olson
Republican • House
Todd Porter
Republican • House
Brad Bekkedahl
Republican • Senate
Dale Patten
Republican • Senate
Roll Call Votes
Senate vote • 4/21/2025
Second reading, passed, yeas 46 nays 1
Yes: 46 • No: 1
House vote • 4/18/2025
Second reading, passed as amended, yeas 62 nays 28
Yes: 62 • No: 28
House vote • 4/17/2025
Second reading, failed to pass, yeas 45 nays 46
Yes: 45 • No: 46
Senate vote • 2/11/2025
Second reading, passed, yeas 45 nays 1
Yes: 45 • No: 1
Actions Timeline
Filed with Secretary Of State 04/25
4/26/2025HouseSigned by Governor 04/24
4/24/2025SenateSent to Governor
4/23/2025SenateSigned by President
4/23/2025SenateSigned by Speaker
4/23/2025HouseSecond reading, passed, yeas 46 nays 1
4/21/2025SenateConcurred
4/21/2025SenateReturned to Senate (12)
4/18/2025SenateSecond reading, passed as amended, yeas 62 nays 28
4/18/2025HouseReconsidered
4/18/2025HouseSecond reading, failed to pass, yeas 45 nays 46
4/17/2025HouseAmendment adopted, placed on calendar
4/17/2025HouseReported back amended, do pass, amendment placed on calendar 9 3 1
4/16/2025HouseCommittee Hearing 09:00
3/20/2025HouseIntroduced, first reading, referred Energy and Natural Resources Committee
2/18/2025HouseReceived from Senate
2/12/2025HouseSecond reading, passed, yeas 45 nays 1
2/11/2025SenateAmendment adopted, placed on calendar
2/10/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
2/7/2025SenateCommittee Hearing 10:00
1/31/2025SenateIntroduced, first reading, referred Energy and Natural Resources Committee
1/21/2025Senate
Bill Text
Adopted by the House Energy and Natural Resources Committee
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with House Amendments
INTRODUCED
Prepared by the Legislative Council staff for Senator Kessel
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