North Dakota House Bill HB1211

North Dakota 2025-2026 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Report Pass: 1/27/25
• Engrossed: 1/30/25
• Refer: 2/13/25
• Report Pass: 2/21/25
• Enrolled: 3/12/25
• Passed: 3/18/25

Caption

AN ACT to amend and reenact sections 49-02-26, 49-02-29, and 49-02-31 of the North Dakota Century Code, relating to renewable electricity and recycled energy credits; and to repeal section 49-02-30 of the North Dakota Century Code, relating to energy from hydroelectric facilities.

Summary

HB 1211 revises North Dakota law governing renewable electricity and recycled energy credits, with a specific focus on hydroelectric generation. The bill keeps hydroelectric facilities eligible for renewable electricity and recycled energy credits only if the facility began service on or after January 1, 2007, or if the electricity comes from new generation created through repowering or efficiency improvements to an existing hydro facility. It also updates the statewide renewable electricity and recycled energy objective to exclude electricity from older hydroelectric facilities, while continuing to allow qualifying electricity from sources that meet Public Service Commission tracking and verification rules. The bill further allows the state’s renewable electricity and recycled energy objective to be met through the purchase and retirement of renewable energy and recycled energy certificates, and clarifies that those certificates do not have to come from an in-state facility. At the same time, HB 1211 repeals section 49-02-30 of the Century Code, which had separately addressed energy from hydroelectric facilities, consolidating and narrowing the statutory treatment of hydro power in the credit system.

Impact

HB 1211 amends sections 49-02-26, 49-02-29, and 49-02-31 of the North Dakota Century Code and repeals section 49-02-30, changing how hydroelectric power counts toward renewable electricity and recycled energy credits and the statewide objective. The practical effect is to limit credit eligibility for older hydroelectric facilities while preserving eligibility for newer hydro generation and upgrades, and to confirm that renewable energy certificates may be used regardless of whether they are sourced in-state or out-of-state. The bill affects utilities, renewable energy certificate markets, hydroelectric facility operators, and state regulators administering renewable energy compliance.

Sentiment

The bill appears to have broad bipartisan support and little visible opposition. It passed the House 92-1 and the Senate 47-0, indicating strong agreement across both chambers. The lack of committee transcript material suggests there was no recorded major controversy in the available materials, and the voting margins point to a generally favorable view of the bill’s technical changes to renewable energy credit rules.

Contention

The main substantive issue in HB 1211 is the treatment of hydroelectric facilities, especially older dams and facilities that were in service before January 1, 2007. By excluding older hydro from credit eligibility, the bill distinguishes between legacy hydropower and newer or improved generation, which could matter to hydro operators and stakeholders who prefer broader recognition of existing facilities. Another point that may matter to market participants is the explicit statement that renewable energy certificates need not be acquired from in-state facilities, though the available vote record suggests these issues did not generate significant legislative opposition.