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.
Summary
HB 1400 revises North Dakota law governing environmental mitigation for energy conversion and transmission facilities. It amends the state’s federal environmental law impact review fund and environmental impact mitigation fund, and it creates a new statutory section authorizing the agriculture commissioner to purchase and hold conservation easements or leaseholds in the name of the state when needed to administer the title. The bill also clarifies that mitigation payments related to certain energy projects must be deposited into the environmental impact mitigation fund, and it directs the commissioner to notify the Public Service Commission about mitigation efforts before a permit or certificate is issued.
The bill narrows and structures how mitigation money may be used. Funds may pay for expert consultation, habitat creation or restoration, and the purchase and maintenance of easements or leaseholds, with mitigation prioritized first in the immediately impacted area, then the county, region, and finally elsewhere in the state. It also limits easements or leaseholds purchased as mitigation for energy conversion or transmission facilities to the operational life of the facility, requires biennial reporting to legislative management, and declares the act an emergency measure, making it effective immediately upon passage.
Impact
HB 1400 changes the administration of North Dakota’s environmental mitigation framework by shifting more explicit authority to the agriculture commissioner over mitigation payments, fund disbursements, and state-held easements or leaseholds. It affects chapter 4.1-01 and section 49-22-09.2 of the Century Code, which govern environmental impact review and mitigation for energy conversion and transmission facilities, including wind projects. The bill also reinforces the role of the environmental impact mitigation fund as the repository for mitigation payments and expands the types of mitigation-related expenditures that may be made from that fund.
Sentiment
The bill appears to have broad legislative support. It passed the House 92-1 and the Senate 43-1, indicating overwhelming approval in both chambers. The emergency clause also suggests lawmakers viewed the changes as time-sensitive or important to implement quickly. No committee transcript was provided, so the available record shows strong consensus rather than detailed debate.
Contention
The main policy issues likely concern how mitigation for energy infrastructure should be handled, especially the use of state funds to buy and maintain easements or leaseholds and the extent of the agriculture commissioner’s authority. The bill’s prioritization of local mitigation and its requirement that mitigation easements be limited to the facility’s operational life may reflect an effort to balance development with land and habitat protection. The near-unanimous votes suggest any objections were limited, but the single dissent in each chamber indicates at least some concern about the scope or administration of the mitigation program.
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.
A BILL for an Act to create and enact a new section to chapter 4.1-01 of the North Dakota Century Code, relating to creating a spay and neuter awareness grant program; to amend and reenact section 4.1-41-19 of the North Dakota Century Code, relating to the environment and rangeland protection fund; and to provide an appropriation.
AN ACT to create and enact a new subsection to section 49-22-13 and a new subsection to section 49-22.1-10 of the North Dakota Century Code, relating to public hearings for energy conversion and transmission facilities; and to amend and reenact sections 49-22-03, 49-22-16.4, and 49-22.1-01 of the North Dakota Century Code, relating to public hearings and light-mitigating technology systems.
A BILL for an Act to create and enact a new section to chapter 49-04.1 of the North Dakota Century Code, relating to the installation of smart meters; and to amend and reenact section 49-04.1-01 of the North Dakota Century Code, relating to unauthorized metering.
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.