AN ACT to amend and reenact section 49-22-03 and subdivision e of subsection 1 of section 49-22-22 of the North Dakota Century Code, relating to backup electric generation.
Summary
HB 1539 amends North Dakota’s energy facility siting law, Chapter 49-22 of the Century Code, to add a definition of “backup electric generation” as non-grid-connected electric generation used temporarily when a primary source is unavailable. The bill also revises the definition of “construction” for electric energy conversion and transmission facilities to clarify when certain work is excluded from full siting review, including work within previously approved sites or corridors and work that does not affect known exclusion areas. It further creates a process for utilities to certify certain activities to the Public Service Commission, notify the commission when work may affect a known avoidance area, and obtain written approval—or deemed approval after 30 days if the commission does not act—before proceeding.
The bill also updates related definitions in the siting chapter, including electric energy conversion facility, electric transmission facility, repower, utility-scale energy storage, and utility, and it clarifies that onsite backup electric generation is excluded from the definition of electric energy conversion facility. In addition, it amends the application fee provision so that an applicant certifying under the new backup-generation-related subsection must pay an amount set by the commission to cover processing costs. Overall, the bill narrows and clarifies when certain utility projects and temporary backup generation are subject to siting review and what procedural steps are required before construction can proceed.
Impact
HB 1539 affects the state’s utility siting and permitting framework by refining which electric generation and transmission activities are exempt from or subject to Public Service Commission review under Chapter 49-22. It gives utilities a clearer path for temporary backup electric generation and for certain construction, improvement, and capacity changes at existing facilities, while preserving commission oversight for projects that may affect known avoidance areas or otherwise require siting authority. The bill also authorizes the commission to set processing fees for applications tied to the new certification process.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 91-0 and the Senate 47-0, indicating unanimous approval in both chambers. No committee transcript was provided, but the voting record suggests consensus around clarifying utility siting rules and backup generation procedures.
Contention
No major opposition is evident in the available record. The main policy issue embedded in the bill is the balance between streamlining utility construction and preserving environmental or land-use protections in known exclusion and avoidance areas. The deemed-approval provision after 30 days could be a point of concern in other contexts because it limits commission delay, but the unanimous votes suggest that any such concern did not generate visible controversy during passage.