A BILL for an Act to amend and reenact sections 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code, relating to eliminating a carbon dioxide pipelines' owners', operators', or managers' status as a common pipeline carrier.
Summary
HB 1292 would have amended North Dakota’s common pipeline carrier laws to remove carbon dioxide pipelines from the statutory definition of “common pipeline carrier.” Under current law, entities that own, operate, or manage pipelines transporting crude oil, gas, coal, or carbon dioxide for hire or under certain arrangements are treated as common carriers and are subject to nondiscrimination and service obligations. The bill would have narrowed those obligations by excluding carbon dioxide pipeline owners, operators, and managers from that status.
The bill also would have revised related provisions requiring common pipeline carriers to accept and transport product without discrimination and prohibiting discrimination in facilities, service, and rates. In practical terms, the change would have affected how carbon dioxide pipeline service is regulated by the state, especially in relation to access, pricing, and allocation of capacity when demand exceeds available transportation.
Impact
If enacted, HB 1292 would have amended sections 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code to carve carbon dioxide pipelines out of the state’s common-carrier framework. That would have reduced or eliminated the statutory nondiscrimination duties and related regulatory treatment that currently apply to common pipeline carriers transporting carbon dioxide, while leaving the existing rules in place for crude petroleum, gas, and coal pipelines. The bill failed on House second reading, so no change was made to state law.
Sentiment
The bill appears to have had limited legislative support and ultimately failed by a wide margin in the House, with 15 yeas and 70 nays on second reading. The vote suggests substantial opposition to changing the regulatory status of carbon dioxide pipelines. No committee transcript was provided, so the available record reflects the final vote more than any detailed floor debate or negotiated compromise.
Contention
The central point of contention was whether carbon dioxide pipelines should remain subject to North Dakota’s common-carrier requirements. Supporters likely viewed the bill as a targeted regulatory change for CO2 pipeline owners and operators, while opponents appear to have favored keeping carbon dioxide pipelines within the existing nondiscrimination and access framework. The absence of committee discussion in the record limits more specific attribution of arguments, but the decisive floor vote indicates the proposal was controversial and did not command broad bipartisan support.
A BILL for an Act to amend and reenact sections 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code, relating to eliminating a carbon dioxide pipelines' owners', operators', or managers' status as a common pipeline carrier.
A BILL for an Act to amend and reenact sections 32-15-02, 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code, relating to the revocation of common carrier status of carbon dioxide pipelines; and to repeal section 38-22-10 of the North Dakota Century Code, relating to the exercise of public domain in geological storage of carbon dioxide.
A BILL for an Act to amend and reenact sections 32-15-02, 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code, relating to the revocation of common carrier status of carbon dioxide transporters; and to repeal section 38-22-10 of the North Dakota Century Code, relating to the exercise of public domain in geological storage of carbon dioxide.
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