Summary: The Water Topics Overview Committee met to review several interim studies and receive updates from the Department of Water Resources. The committee approved the March 26, 2026 minutes, observed a moment of silence for the late Representative Conmy, and welcomed Representative Hansen to the committee. Staff then reported that the watershed management study and the stormwater/wastewater study had both satisfied the presentation requirements in their study directives, with no further required testimony unless members wanted additional information. The department’s main presentation focused on major water projects and agency operations. Reese Haas and staff updated members on the NAWS project, the Southwest Pipeline Project, Devils Lake outlet operations, low-head dam safety work, floodplain management repository implementation, data center water use, and the 2027 Water Development Plan. Members asked detailed questions about NAWS funding sources, remaining project costs, capacity concerns for All Seasons and other users, and whether current construction is being designed for future demand. The department said NAWS remains on track for substantial completion by October, that remaining NAWS funding will come from a mix of federal, state, and local sources, and that current construction is designed for ultimate capacity while some future components will be adjusted for increased demand. A large portion of the meeting was devoted to the department’s cash management, Resources Trust Fund revenues, carryover balances, and the State Water Commission’s cost-share program. The department reported $340.6 million in carryover remaining, explained that much of it is already obligated to long-term projects, and noted that oil price forecasts and stripper-well exemptions will affect future revenues. Members raised concerns about large carryovers, affordability for local sponsors, and whether the state should continue obligating money multiple bienniums ahead. The department said it is working with the commission on a revised prioritization framework, including high/moderate/low project categories and a two-tier pre-construction/construction approach, to better manage obligations and affordability. The committee also reviewed Deloitte’s finalized studies on regional governance/finance and cost-share policy. Deloitte presented options for Southwest, NAWS, and Red River governance, with stakeholders generally favoring keeping NAWS largely as is, using the current Southwest model with improvements, and pursuing a more structured governance option for Red River. On cost share, the department said Deloitte’s recommended package would cover projected needs through the 2030s, but would require policy changes such as lower percentages for some project types, a 25% replacement-project rate with a cap, and possible bonding or delayed reimbursement strategies. No votes were taken on these policy questions, and the chair indicated the committee would continue the discussion at future basin meetings and the September Water Topics meeting.

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Summary: The Higher Education Funding Review Committee met to continue work on a draft higher education funding formula and related capital building fund changes. Lisa Johnson of the North Dakota University System updated the committee on the board’s developing policy for low-producing academic programs. She said the board is using a five-year rolling window, with thresholds of fewer than 10 undergraduate graduates or fewer than 5 graduate graduates, and that programs flagged in three consecutive review cycles would go to the board for review. Possible outcomes include continuation, continuation with modifications, inactivation, or termination. Members asked about how the policy would account for enrollment, program costs, workforce need, and programs that serve students outside their major. Johnson said the board would likely use an accompanying procedure to consider those factors. She also reported that about 200 programs could potentially be reviewed under current guidance, with 135 inactivated and 112 terminated, and said the process is intended to support quality and stewardship rather than simply cut programs. Jamie Wilkie then reported on the Capital Building Fund. He reviewed the fund’s history, matching requirements, and use for extraordinary repairs, deferred maintenance, and some legislatively authorized projects. He said about $334 million in state and matching dollars has been invested overall, with roughly 78.7% going to deferred maintenance and extraordinary repairs. Committee members pressed for updated information on how much deferred maintenance has actually been reduced, and several members said they wanted clearer reporting on the return on investment from new buildings versus repairs. NDSU representatives said the tier funding has helped significantly reduce deferred maintenance and allowed demolition and renovation work on campus. The committee also discussed the need for updated five-year facility plans and space-utilization information from the institutions. The committee then began a section-by-section review of a draft bill that would replace the current higher education funding formula with an FTE-based model and restructure the capital building fund. The draft would fund UND and NDSU differently from the other nine institutions, use fall enrollment rather than completed credits, add performance funding for completions in in-demand fields, create research incentives for UND and NDSU, and combine capital building fund tiers while changing matching requirements and eligible uses. Members raised concerns about the treatment of professional students, the use of CIP codes, incentives for waivers, and whether the formula should rely on more current data. The committee did not take final action on the draft during this meeting, but it continued detailed discussion and indicated more review would follow.

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Summary: The committee met in Grand Forks, approved the February 26 minutes by voice vote, and recessed for a tour of the Mincota Power Cooperative headquarters before returning for presentations on large energy consumers, especially data centers. The first presentations focused on how North Dakota should respond to rapid growth in energy-intensive projects, with speakers emphasizing the need for reliable transmission, local decision-making tools, and factual information for county and township officials who are being asked to weigh major projects with limited staff and technical support. The North Dakota Transmission Authority director said local governments are being asked to make high-impact decisions on pipelines, transmission lines, large agriculture, wind, solar, carbon dioxide pipelines, direct-air capture, and data centers, and urged development of simple statewide decision tools and support from the League of Cities and Association of Counties. The Department of Environmental Quality’s air division director said North Dakota’s air remains among the cleanest in the nation, but large data centers can create air-quality concerns because of diesel backup generation; he said the department is requiring air monitors at some facilities and expects grid power and, potentially, cleaner natural gas backup to reduce emissions. Members asked about emissions standards, misinformation, monitoring costs, and staffing succession at DEQ. The Department of Water Resources director said North Dakota’s water law is based on common ownership and prior appropriation, and that data centers generally use relatively small amounts of water, often in closed-loop systems. He said the Missouri River and groundwater supplies are ample for projected needs, that the department’s permitting process protects senior water rights, and that even a worst-case data center scenario would use a very small share of Missouri River flow. Members asked about downstream impacts and compared data center water use with fracking. Later, McLean County State’s Attorney Ladd Erickson urged the committee to study how other states regulate data centers, warned against litigation-driven delays and overly broad local ordinances, argued reclamation bonding should be handled at the state level if at all, and said data centers can bring jobs and tax base but should remain subject to local zoning. The committee ended the morning session for lunch and later heard an EERC update from CEO Charles Gorecki on the center’s 75 years of work in energy and environmental technologies, especially oil and gas development and related research.

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Summary: The committee first approved the February 11, 2026 minutes and then received an update from the North Dakota Housing Finance Agency on the interagency council on homelessness and continuum of care funding. Testimony described rising homelessness tied to tight housing markets, low incomes, aging homelessness, barriers to rental assistance and public benefits, and limited shelter and case-management capacity. Members discussed the need for more affordable housing, continued one-time funding for the North Dakota Homeless Grant and Housing Incentive Fund, better coordination with Health and Human Services on economic assistance and human service zones, landlord engagement, recovery housing, and reentry housing. The committee also heard that federal continuum of care funding remains uncertain, with possible shifts away from permanent supportive housing and housing-first models; members asked for a future update on the impact if federal rules reduce the share available for permanent housing. The committee then took testimony on accessibility of government services for people who are blind or visually impaired. Paul Olson of North Dakota Vision Services School for the Blind described current screening and service delivery, including infant referrals, regional staff, short-term programs, and collaboration with vocational rehabilitation. He said the targeted screening system is working, recommended maintaining the current model, and noted ongoing challenges with staffing, public awareness, and accessible state websites and documents. Public testimony from a visually impaired resident and a deaf resident emphasized barriers such as CAPTCHAs, inaccessible PDFs, employment forms that screen out applicants based on driver’s license status, shortages of interpreters, and the need for video remote interpreting and video relay services, along with training for users and agencies. Finally, the committee heard a final report on the study of child care provider licensing from HHS Early Childhood Director Kay Larson. The report summarized provider input and committee discussion on simplifying North Dakota’s child care licensing structure, reducing administrative burden, and balancing that with health and safety standards. Key topics included licensing categories, child care assistance eligibility, food program sponsorship, staff qualifications, training requirements, ratios and group size, age bands, and preschool exemptions. The committee’s recommendations included streamlining to three provider types plus a preschool designation, revising ratio and age-band rules, and carrying forward certain preschool outdoor-space exemptions. Larson noted that any changes would require statutory changes, rulemaking, and a transition period before new licensing rules could take effect.

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Summary: The committee first approved the December 16 minutes and then heard a presentation from Dr. Ramona Danielson on adverse childhood experiences (ACEs) and their economic and public-system impacts. She explained that ACEs are population-level risk indicators, not individual diagnostic tools, and said higher ACE exposure is associated with more chronic illness, mental health challenges, child welfare and justice involvement, and lower workforce participation. She cautioned that precise dollar estimates are difficult because of the many interacting factors across the life course, but said the direction of the impact is clear and that evidence-based interventions and protective factors can reduce harm. Members asked about definitions of a “healthy family,” same-sex couples, divorce, substance abuse, trends in ACEs, and home visiting; she emphasized supportive relationships, protective factors, and the importance of positive childhood experiences. The committee then heard from Allison Mahoney and Missy Barranco, along with a recorded family story from Abby, about evidence-based home visiting programs in North Dakota. Abby described how Healthy Families North Dakota supported her family after a premature birth and NICU stay by providing weekly in-home coaching, developmental screenings, postpartum mental health check-ins, referrals, and parenting support. The presenters explained that home visiting is voluntary, relationship-based, and usually begins prenatally or shortly after birth, with referrals coming from hospitals, WIC, pregnancy navigators, human service zones, self-referrals, and other community partners. They said North Dakota currently has four main evidence-based models operating through 12 organizations, with Healthy Families available in all 53 counties, though only a fraction of eligible families are served. Funding was described as a patchwork of federal MIECHV/Title IV-E, Medicaid, state and tribal funds, philanthropy, charitable gaming, and other grants; members discussed whether the Legislature or agencies should expand support and how to improve outreach and sustainability. Finally, the committee received a memorandum on artificial intelligence and sexual exploitation, focusing on AI-generated child sexual abuse material, deepfakes, sextortion, and chatbot-related risks. The report summarized federal and state law, including North Dakota’s existing computer-generated image provisions, the federal PROTECT Act, the Take It Down Act, and recent federal executive orders on AI policy. Members discussed the need for child-safety protections, the limits of executive orders, and broader concerns about AI’s effect on critical thinking and misinformation. The committee then heard from BCI Special Agent Cassidy Halsef, who said AI is already driving a sharp rise in child exploitation cases in North Dakota, including AI-generated explicit images of real minors and school-based incidents involving mass-shared manipulated images. She said investigators are seeing more cyber tips, more difficult forensic work, and lasting harm to victims and families, and urged stronger legal penalties, specialized training, victim services, and prevention education in schools and communities.

Summary: The committee met at Spirit Lake Tribe and heard an extended discussion with Spirit Lake tribal leaders and program directors about government-to-government relations with the state. Chairwoman Street and others outlined a number of concerns and requests, including taxation of tribal and trust lands, state school support for non-beneficiary students, homelessness services, Indian-managed health care, gaming/e-tabs, the Feather Alert system, industrial farming near waterways, tourism and cultural issues, and the need for more consistent tribal consultation. Committee members responded that many of these issues had previously been passed along without direct action, and several members emphasized the committee’s role in education, communication, and preparing possible legislation or resolutions for the next session. Tribal representatives also offered to provide training on treaties, IHS 638, and compact services to help legislators better understand tribal jurisdiction and billing issues. A major portion of the meeting focused on Spirit Lake Fish and Wildlife concerns, especially jurisdictional “gray areas” around hunting and fishing on the reservation, recognition of tribal licenses, and the boundary of the reservation around Spirit Lake/Devils Lake. Tribal officials said they wanted a co-stewardship agreement or MOU with the state to clarify jurisdiction, improve cooperation, and address invasive species and aquatic nuisance species. Committee members discussed whether to draft legislation or a resolution directing the executive branch and state agencies to negotiate such an agreement, and they asked for further input from the North Dakota Game and Fish Department at a future meeting. The committee also discussed county involvement in land status changes and trust land issues, with Spirit Lake leaders describing a past Benson County resolution that tried to block fee-to-trust transfers and saying it was later rescinded. The committee then heard from Benson County tax equalization director Randy Thompson, who explained how the county values land and handles tax-exempt, inundated, and fee-to-trust parcels. Members asked about the impact of tax-exempt lands on county services and discussed prior legislation that helped counties with large tax-exempt bases. The committee also received a presentation from Dr. Steven Smith of Sisseton Wahpeton College, who described the college’s programs, economic impact, and funding needs, including support for non-beneficiary students and workforce training. Members asked about expanding tribal college education into correctional settings, and Smith said the idea was worth exploring through the tribal college system. Finally, HHS interim medical services director Christoph Framing presented remotely on 1115 Medicaid waivers and the IMD exclusion, explaining current state funding mechanisms for inpatient and residential behavioral health services and the bill draft directing HHS to pursue a waiver for IMD payments.

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Summary: The Employee Benefits Committee met to hear presentations on state employee health insurance, compensation, leave policies, labor market conditions, and prevailing wage issues, then later took up committee rules and bill-draft jurisdiction. PERS reviewed the history and structure of the state health plan, noting the state has paid the full family premium since 1979, described cost-control and benefit-enhancement changes over time, and explained current plan options, wellness incentives, employer wellness discounts, and the upcoming bid process for the 2027-29 contract. HRMS then presented compensation comparisons showing state classified pay generally trails private and regional markets, with larger gaps at higher-level jobs, and reviewed benefits and leave policies, including the new enhanced annual leave and new-hire leave, the state’s unpaid family leave structure, and varying tuition reimbursement practices. Job Service reported on labor force trends, low unemployment, high labor force participation, job openings, and wage growth, and OMB said there are no state prevailing-wage requirements beyond federal Davis-Bacon rules for federally funded projects. The committee then considered a proposed amendment to Joint Rule 211 to better align the health insurance mandate review process with recent statutory changes. Members discussed how the rule should reference both the committee’s required actuarial reports and the Legislative Council cost-benefit analysis, and the amendment was adopted on a roll call vote. The committee also discussed how its jurisdiction decisions affect whether a bill draft receives actuarial analysis, with staff explaining that a decision not to take jurisdiction means the bill is not treated as impacting the relevant retirement or health plans for purposes of that analysis. After that, the committee began reviewing bill drafts for jurisdiction. The first draft, bill draft 33, would automatically renew pre-tax elections for dental and vision coverage during open enrollment instead of requiring annual re-election. Members debated whether it had any actuarial impact, noting the state does not pay those premiums directly, and the discussion was still underway when the transcript ended.

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Summary: The committee met with a quorum, approved the March 4, 2026 minutes, and received a lengthy Department of Public Instruction presentation from Stanley Schauer Jr. on North Dakota student performance data in math and ELA, with comparisons between students with disabilities and students without disabilities. Schauer explained the assessment systems used, the 1% alternate assessment cap for students with the most significant cognitive disabilities, the absence of 2019-20 data due to the pandemic, and how state standards are set by North Dakota educators. Members asked about cohort trends, the role of alternate assessments, grade-level patterns, and whether the state should focus more on reducing the novice category than on moving students from approaching to proficient. Schauer also discussed the new NDA Plus assessment, the state’s planned growth model, and the possibility of future breakdowns by disability category or by schools using science-of-math approaches. Special education educators testified that students with disabilities continued to receive services during COVID because of FAPE obligations, which likely helped limit learning loss, and emphasized that IEP teams focus on individual growth rather than only proficiency buckets. Committee members then shifted to special education funding and possible funding models. Brandon Bombach of Grand Forks Public Schools presented on the state aid formula, focusing on the special education weighting factor and arguing that the current formula does not adequately respond to growing student needs because it counts enrollment but does not adjust when the number of students with IEPs rises. He used examples to show that a district can have the same enrollment and receive the same weighting even if the number of students needing services increases. Members discussed whether the formula should be tied more closely to actual need and accountability, and the chair indicated that the committee would continue gathering data and ideas for a later meeting.