A BILL for an Act to create and enact a new section to chapter 38-22 of the North Dakota Century Code, relating to a prohibition on direct air carbon dioxide capture projects; to amend and reenact section 38-08-21 of the North Dakota Century Code, relating to the authority of the industrial commission; to provide for application; and to provide an expiration date.
Summary
HB 1574 would prohibit the construction, implementation, or operation of direct air carbon dioxide capture projects in North Dakota. The bill defines direct air carbon dioxide capture as removing carbon dioxide directly from the atmosphere through scrubbers and chemical processes for underground storage or use in products. It also amends the state law governing carbon dioxide regulation to bar the Industrial Commission from approving or authorizing such projects.
The bill includes a grandfathering provision for operators that already had the necessary local, state, and federal permits and approvals before the act’s effective date. It also contains a sunset clause making the act effective only through July 31, 2027, after which it would become ineffective.
Impact
If enacted, the bill would have added a new prohibition to North Dakota Century Code chapter 38-22 and narrowed the Industrial Commission’s authority under section 38-08-21 by expressly preventing approval of direct air carbon dioxide capture projects. The measure would have affected developers, operators, and permitting authorities involved in carbon capture and carbon management projects, while preserving existing projects with preexisting permits. Because the bill failed, no change was made to current state law.
Sentiment
The bill appears to have faced significant opposition in the House, where it failed on second reading by a vote of 20 yeas to 64 nays. The vote suggests that most members were not supportive of a categorical ban on direct air carbon capture projects, even though the bill’s sponsors advanced it. No committee transcript is available, so the recorded vote is the main indicator of legislative sentiment.
Contention
The central point of contention was whether North Dakota should prohibit direct air carbon capture technology altogether. Supporters likely viewed the bill as a way to restrict a relatively new carbon management approach, while opponents likely objected to an outright ban and the limitation it would place on industrial development, emissions-reduction technology, and the Industrial Commission’s permitting authority. The grandfather clause for already-permitted projects suggests an attempt to soften the impact, but the broad prohibition remained the main issue.