North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1414

Introduced
1/13/25  
Refer
1/13/25  

Caption

The exercise of public domain in geological storage of carbon dioxide.

Impact

The implications of HB1414 extend into various facets of state law, particularly regarding how infrastructure projects are developed and regulated. The bill indicates a retreat from allowing public utilities and other entities to pursue projects leveraging eminent domain for carbon management infrastructure, potentially slowing the development of such initiatives in North Dakota. By amending existing laws, the bill restricts the means through which energy and environmental projects can be executed, which advocates argue could have a chilling effect on the necessary progress toward modernizing energy infrastructure and addressing climate change.

Summary

House Bill 1414 is a legislative proposal aimed at amending key sections of the North Dakota Century Code regarding the exercise of eminent domain related to carbon dioxide pipelines and geological storage. The bill specifically seeks to revise current regulations governing the revocation of common carrier status for carbon dioxide pipelines. A notable feature of this legislation is its prohibition on the exercise of eminent domain for constructing infrastructure associated with carbon capture and other renewable energy sources such as solar and wind energy. This implies a significant policy shift in how the state approaches energy projects and environmental stewardship.

Contention

Opposition to HB1414 may arise from stakeholders within the energy sector who support carbon capture technologies as a bridge towards transitioning to cleaner energy. Critics argue that the prohibition against employing eminent domain could hinder investments and limit strategic developments in renewable energy projects essential for long-term sustainability. Additionally, the exclusion of energy projects from using eminent domain raises concerns about competition and innovation in the energy sector, particularly in a state rich in natural resources but facing increasing regulatory scrutiny regarding environmental impacts.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2212

Eminent domain and carbon dioxide pipelines; and to declare an emergency.

ND SB2209

Eminent domain and carbon dioxide pipelines; and to declare an emergency.

ND SB2383

The carbon dioxide pipeline tax exemption; and to provide an effective date.

ND SB2314

Common carrier use of eminent domain.

ND HB1097

The definition of electric energy conversion facility, the publication of notices of public hearings, payment of an administrative fee, adding hydrogen to definitions, the publication of a public hearing, and the payment of an administrative fee; and to declare an emergency.

ND SB2036

Water resource districts, water resource boards, assessment procedures and requirements, and drains.

ND HB1014

Fuel production facility loan guarantee reserve funding, the housing incentive fund, the powers of the North Dakota pipeline authority, definitions for the clean sustainable energy authority, a clean sustainable energy authority line of credit, and an appropriation from the state fiscal recovery fund; to provide a contingent appropriation; to provide for a transfer; to provide an exemption; to provide for a study; to provide for a report; to provide a statement of legislative intent; to provide an effective date; and to declare an emergency.

ND SB2284

School district enrollment, the definition of "probationary teacher", a school district's policy governing possession of a weapon, the definition of "dangerous weapon", modification of weighting factors, transition maximums and an increase in per student payments, and the school construction revolving loan fund; to provide for a legislative management study; to provide a legislative management report; to provide an appropriation; to provide for an exemption; to provide for a transfer; and to provide an effective date.

ND HB1165

The health division, a biennial report, and reporting sexually transmitted diseases.

ND SB2009

The salary of the agriculture commissioner, the federal environmental law impact review committee, the environmental impact mitigation fund, and mitigating environmental impacts; to provide for a transfer; to provide an exemption; and to provide for a legislative management study.

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Relating to the creation of and the powers of a comprehensive multimodal urban transportation authority, including the power to impose taxes, issue bonds, and exercise limited eminent domain authority.