ND
North Dakota House Bill HB1258

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1258

Introduced
1/13/25  
Refer
1/13/25  
Report Pass
1/24/25  
Engrossed
1/31/25  
Refer
2/13/25  
Report DNP
4/3/25  
Enrolled
4/9/25  

Caption

Energy conversion and transmission facility siting; and to provide for retroactive application.

Impact

The implementation of HB 1258 is expected to impact state laws regarding energy facility siting significantly. By emphasizing the importance of local regulations, the bill aims to maintain local control and ensure that community interests are safeguarded during the siting process. This may empower local governments to address specific concerns regarding land use and zoning that reflect the values and priorities of their communities, aligning state energy policy more closely with local governance.

Summary

House Bill 1258 focuses on the siting of energy conversion and transmission facilities in North Dakota. Specifically, it aims to amend existing laws related to the siting process by ensuring that local land use, zoning, and building rules cannot be superseded by state permits for these facilities, unless certain conditions are met. This means that any designated route for electric transmission facilities must comply with local regulations unless the state commission determines those regulations are unreasonably restrictive compared to existing technology and consumer needs. The retroactive application of the bill to January 1, 2025, means that its provisions will apply to decisions made prior to its enactment as well.

Sentiment

Sentiment surrounding HB 1258 appears to be mixed. Proponents, including local officials and community advocates, generally view the bill positively, as it reinforces local jurisdiction and provides communities with a voice in decisions affecting their environments. However, some stakeholders, particularly those involved in the energy sector, view it with apprehension, arguing that increased local oversight may hinder the development of energy infrastructure needed to meet growing demands and could complicate the permitting process.

Contention

Notable points of contention include the balance between local control and state needs for energy development. While local officials argue for maintaining authority over land use decisions to better reflect community needs, energy developers express concern that the bill could create obstacles that impede timely and efficient project approvals. Furthermore, the requirement for the commission to justify any preemption of local rules as being unreasonably restrictive may lead to legal challenges and litigation, complicating the implementation of energy projects across the state.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1439

A property tax exemption for property of churches; to provide for application; and to provide a retroactive effective date.

ND HB1302

Anhydrous ammonia facility applications.

ND HB1546

The clean sustainable energy authority's fertilizer development incentive program; to provide for retroactive application; and to provide an effective date.

ND SB2393

The state leave sharing program, capitol grounds rent collections, and the law enforcement retirement program; to provide for a transfer; to provide an exemption; to provide a report; to provide for a retroactive application; and to provide an effective date.

ND SB2398

Baseline funding and the determination of state school aid, loans from the coal development trust fund, and evidences of indebtedness; to provide an appropriation; to provide for retroactive application; and to provide an effective date.

ND SB2180

The annual comprehensive financial report, audits of state agencies, reports, financial audits, and petitions; and to provide for retroactive application.

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 HB1512

AN ACT to provide for a legislative management study relating to statutory provisions governing certification of site compatibility for electric energy conversion facilities.

ND SB2015

A transfer of Bank of North Dakota profits to a water infrastructure revolving loan fund; to provide for a transfer; to provide an exemption; to provide for a legislative management study; to provide a report; to provide a penalty; to provide for application; to provide a retroactive effective date; to provide a contingent effective date; to provide an effective date; and to declare an emergency.

ND HB1544

Use of the North Dakota development fund; to provide for a legislative management report; to provide for retroactive application; and to provide an effective date.

Similar Bills

No similar bills found.