Title 17, Energy

The legislative assembly adopts the low-emission technology initiative with the goal that the agricultural, forestry, natural resources, and working land of the United States should provide energy from low-emission technology and continue to produce safe, abundant, and affordable…

In this chapter, unless the context or subject matter otherwise requires: 1. "Biodiesel production facility" means a producer of a fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oil or animal fats that meets American society for testing and ma…

Effective July 1, 2007, the biodiesel partnership in assisting community expansion fund becomes the biofuel partnership in assisting community expansion fund. All moneys transferred into the fund, interest on fund moneys, and payments to the fund are appropriated for the purposes…

Moneys in the fund must be used for the purpose of buying down the interest rate on loans made by a lead financial institution in participation with the Bank of North Dakota. The Bank of North Dakota's participation may not exceed eighty percent nor be less than fifty percent of …

1. a. The fund moneys may be used to participate in an interest rate buydown on a loan to a biodiesel, ethanol, or green diesel production facility or to a value-added operation for the following eligible uses: (1) Purchase or construction of real property. (2) Expansion of facil…

A biodiesel production facility, ethanol, or green diesel production facility that receives interest buydown from the biofuel partnership in assisting community expansion fund is not eligible to receive interest buydown from the partnership in assisting community expansion fund f…

1. A wind option agreement is a contract in which the owner of property gives another the right to produce energy from wind power on that property at a fixed price within a time period not to exceed five years on agreed terms. 2. A wind option agreement is void and terminates if …

For purposes of sections 17-04-03 and 17-04-04, the term wind easement means a right, whether stated in the form of a restriction, easement, covenant, or condition, in a deed, will, or other instrument executed by or on behalf of an owner of land or airspace for the purpose of en…

1. A property owner may grant a wind easement in the same manner and with the same effect as the conveyance of an interest in real property. 2. The easement runs with the land benefited and burdened and terminates upon the conditions stated in the easement, however: a. The easeme…

Except for a wind easement created under section 17-04-03 and as otherwise provided in this section, an interest in a resource located on a tract of land and associated with the production of energy for wind power on the tract of land may not be severed from the surface estate. H…

1. A lease for wind energy purposes is void and terminates if the following have not occurred with respect to the property that is the subject of the lease within five years after the lease commences: a. A certificate of site compatibility or conditional use permit has been issue…

1. In a wind easement and a wind energy lease, the easement and lease: a. Must be delivered to the property owner with a cover page containing the following paragraph with the correct term of years in the blank and in at least sixteen-point type: Special message to property owner…

For any wind turbine and associated facilities that are part of an electric energy conversion facility designed for or capable of generation by wind energy conversion exceeding one-half megawatt of electricity and for which a lien is provided under chapter 35-27, the lien is upon…

The legislative assembly finds and declares that: 1. North Dakota has twenty-five billion tons of abundant, recoverable lignite coal reserves, enough to last eight hundred years at today's thirty million tons of annual production. 2. The lignite industry presently generates elect…

There is created the North Dakota transmission authority, which shall be governed by the industrial commission.

As used in this chapter: 1. "Authority" means the industrial commission acting as the North Dakota transmission authority. 2. "Commission" means the industrial commission. 3. "Notice of intent" means the notice a person delivers to the authority indicating willingness to construc…

The purpose for which the authority is created is to diversify and expand the North Dakota economy by facilitating development of transmission facilities to support the production, transportation, and utilization of North Dakota electric energy.

The authority has all powers necessary to carry out the purposes of this chapter, including the power to: 1. Make grants or loans and to provide other forms of financial assistance as necessary or appropriate for the purposes of this chapter; 2. Make and execute contracts and all…

1. The authority shall coordinate its plans for transmission facilities with regional organizations having transmission planning responsibilities for the project area. 2. Before exercising its powers to construct transmission facilities granted to it in this chapter, the authorit…

The authority may participate in a transmission facility through financing, planning, joint ownership, or other arrangements at the request of a person giving a notice of intent.

1. Evidences of indebtedness of the authority must be authorized by resolution of the industrial commission and may be issued in one or more series and must bear such date or dates, mature at such time or times, bear interest at such rate or rates of interest per year, be in such…

1. The authority and the transmission facilities built under this chapter, until sold or disposed of by the authority, are exempt from the provisions of title 49 except for chapters 49-22 and 49-22.1. Upon sale or disposal by the authority, transmission facilities built under thi…

The bonds of the authority are legal investments which may be used as collateral for public funds of the state, insurance companies, banks, savings and loan associations, investment companies, trustees, and other fiduciaries which may properly and legally invest funds in their co…

1. Before becoming an owner or partial owner of a transmission facility, the authority shall develop a plan identifying: a. The public purposes of the authority's ownership; b. Conditions that would make the authority's ownership no longer necessary for accomplishing those public…

Transmission facilities built under this chapter are exempt from property taxes for a period determined by the authority not to exceed the first five taxable years of operation; after this initial period, transmission lines of two hundred thirty kilovolts or larger and the transm…

1. The authority shall deliver a written report on its activities to the legislative council each biennium. The authority shall provide an annual report to the industrial commission detailing activities and expenditures incurred during the preceding year. 2. The authority shall d…

1. Materials and data submitted to, or made or received by, the authority, to the extent that the authority determines the materials or data consist of trade secrets or commercial, financial, or proprietary information of individuals or entities applying to or contracting with th…

As used in this chapter: 1. "Council" means the North Dakota ethanol council. 2. "Producer" means the owner of a facility that is located in this state and which produces annually more than one million gallons of agriculturally derived denatured ethanol that is suitable for blend…

1. The council consists of one individual appointed by each producer. 2. Each member of the council must be employed by a producer in the state. 3. The term of each member is four years and begins on April first following the members' appointment. The terms must be staggered by t…

1. Annually, the council shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the council and shall call a special meeting of the council within seven days when petitioned to do so by three council members.

Each member of the council is entitled to receive compensation in the amount established by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if the member is attending meetings or performi…

1. The council may: a. Expend moneys collected pursuant to this chapter for its administration; b. Employ, bond, and compensate necessary personnel; c. Accept gifts, grants, and donations of money, property, and services to carry out this chapter; d. Contract with any person for …

1. The council shall determine the uses to which any moneys raised under this chapter may be expended. The uses may include: a. The funding of research, education programs, promotion, and market development efforts; and b. The support of state, regional, national, and internation…

An assessment at the rate of three one-hundredths of one cent per gallon is imposed upon all ethanol produced and sold in this state.

1. Each producer shall calculate the assessment imposed by section 17-06-07 at the time of sale. 2. Each producer shall keep documents regarding its ethanol production and sales for a period of three years. The producer shall make these records available to the council for examin…

1. Each producer shall forward to the council all assessments imposed by section 17-06-07 within thirty days after the conclusion of each calendar quarter. 2. If a producer fails to submit the assessments as required by this section, the council may impose a penalty equal to ten …

1. To receive a refund of any assessment paid in accordance with this chapter, a producer shall submit to the council a written request for a refund application within sixty days after the conclusion of each calendar quarter. 2. The producer shall complete the refund application …

The council shall approve all expenditures made pursuant to this chapter. The expenditures must be recorded as directed by the office of management and budget.

The council shall forward all moneys received under this chapter to the state treasurer for deposit in the ethanol fund. All moneys in the ethanol fund are appropriated on a continuing basis to the council to carry out this chapter.

Any person willfully violating this chapter is guilty of a class B misdemeanor.