North Dakota Senate Bill SB2359

North Dakota 2025-2026 Regular Session

• Introduced: 1/27/25
• Refer: 1/27/25
• Report Pass: 2/7/25
• Engrossed: 2/12/25
• Refer: 2/18/25
• Report Pass: 3/21/25
• Enrolled: 3/31/25
• Passed: 4/3/25

Caption

AN ACT to amend and reenact section 49-02-26 of the North Dakota Century Code, relating to qualifications for renewable electricity and recycled energy credits; and to repeal sections 49-02-28, 49-02-29, 49-02-30, 49-02-31, 49-02-32, 49-02-33, and 49-02-34 of the North Dakota Century Code, relating to the state renewable and recycled energy objectives, public reporting, qualifications and applications to the statewide objectives, the purchase and retirement of renewable energy certificates to meet the objectives, verification of generation and the purchase of certificates, and economic evaluations on the use of renewable and recycled energy.

Summary

SB 2359 narrows and simplifies North Dakota’s statutory framework for renewable electricity and recycled energy credits. The bill keeps the basic credit-qualification rule in section 49-02-26, which requires electricity to come from a source identified in state law, and it retains a special rule for hydroelectric facilities: to qualify, a hydro facility must have an in-service date of January 1, 2007, or later, or be new generation created through repowering or efficiency improvements to older facilities. The bill also repeals several related sections of the Century Code that established the state renewable and recycled energy objectives and the associated reporting, application, verification, certificate-purchase, and economic evaluation requirements. As a result, the measure removes a broader set of administrative and policy provisions tied to statewide renewable and recycled energy targets, while leaving the core credit-qualification provision in place.

Impact

SB 2359 affects North Dakota’s renewable energy credit program by eliminating multiple statutory provisions that supported statewide renewable and recycled energy objectives and their implementation. It amends section 49-02-26 and repeals sections 49-02-28 through 49-02-34, which means state law would no longer contain the repealed objective-setting, reporting, verification, and certificate-retirement framework. The practical effect is a reduction in statutory mandates and administrative requirements for utilities, generators, and state agencies involved in renewable and recycled energy compliance.

Sentiment

The bill appears to have been generally well received in both chambers, with strong bipartisan support. It passed the Senate unanimously, 46-0, and the House by a substantial margin, 83-9. The vote pattern suggests broad agreement on simplifying or removing the repealed renewable-energy objective provisions, though the House vote also indicates a small group of members opposed the change.

Contention

The main point of contention is likely the repeal of the statewide renewable and recycled energy objectives and related reporting and verification requirements. Supporters appear to favor streamlining the law and limiting the program to the core credit-qualification rule, while opponents may have concerns about weakening state renewable-energy policy, reducing transparency, or removing mechanisms that encouraged renewable generation and certificate purchases. The recorded House opposition, though limited, suggests some disagreement over whether the state should retain broader renewable-energy targets and compliance infrastructure.