North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1414 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.1156.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Heilman, Hendrix
7	7	Senator Magrum
8	8	A BILL for an Act to amend and reenact sections 32-15-02, 49-19-01, 49-19-11, and 49-19-19 of
9	9	the North Dakota Century Code, relating to the revocation of common carrier status of carbon
10	10	dioxide pipelines; and to repeal section 38-22-10 of the North Dakota Century Code, relating to
11	11	the exercise of public domain in geological storage of carbon dioxide.
12	12	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13	13	SECTION 1. AMENDMENT. Section 32-15-02 of the North Dakota Century Code is
14	14	amended and reenacted as follows:
15	15	32-15-02. Purposes for which exercised - Prohibited uses .
16	16	1.Subject to the provisions of this chapter, the right of eminent domain may be exercised
17	17	in behalf of the following public uses:
18	18	1.a.All public uses authorized by the government of the United States.
19	19	2.b.Public buildings and grounds for the use of the state and all other public uses
20	20	authorized by the legislative assembly of the state.
21	21	3.c.Public buildings and grounds for the use of any county, city, park district, or
22	22	school district; canals, aqueducts, flumes, ditches, or pipes for conducting water
23	23	for the use of the inhabitants of any county or city, or for draining any county or
24	24	city; raising the banks of streams, removing obstructions therefrom, and
25	25	widening, deepening, or straightening their channels; roads, streets, and alleys,
26	26	and all other uses for the benefit of any county, city, or park district, or the
27	27	inhabitants thereof, which may be authorized by the legislative assembly, but the
28	28	mode of apportioning and collecting the costs of such improvement shall be such
29	29	as may be provided in the statutes by which the same may be authorized.
30	30	4.d.Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank
31	31	and turnpike roads, railroads and street railways, electric light plants and power
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33	33	HOUSE BILL NO. 1414
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59	59	Legislative Assembly
60	60	transmission lines and canals, ditches, flumes, aqueducts, and pipes for public
61	61	transportation, supplying mines, and irrigating, draining, and reclaiming lands.
62	62	5.e.Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines,
63	63	outlets, natural or otherwise, for the flow, deposit, or conduct of the tailings or
64	64	refuse from mines and mill dams.
65	65	6.f.Byroads leading from highways to residences and farms.
66	66	7.g.Telegraph and telephone lines.
67	67	8.h.Sewage disposal of any city, or of any settlement consisting of not less than ten
68	68	families, or of any public buildings belonging to the state, or of any college or
69	69	university.
70	70	9.i.Cemeteries and public parks.
71	71	10.j.Oil, gas, and coal, and carbon dioxide pipelines and works and plants for
72	72	supplying or conducting gas, oil, coal, carbon dioxide, heat, refrigeration, or
73	73	power for the use of any county, city, or the inhabitants thereof, together with
74	74	lands, buildings, and all other improvements in or upon which to erect, install,
75	75	place, maintain, use, or operate pumps, stations, tanks, and other machinery or
76	76	apparatus, and buildings, works, and plants for the purpose of generating,
77	77	refining, regulating, compressing, transmitting, or distributing the same, or
78	78	necessary for the proper development and control of such gas, oil, coal, carbon
79	79	dioxide, heat, refrigeration, or power, either at the time of the taking of said
80	80	property or for the future proper development and control thereof.
81	81	11.k.Lands sought to be acquired by the state or any duly authorized and designated
82	82	state official or board, which lands necessarily must be flooded in widening or
83	83	raising the waters of any body or stream of navigable or public water in the state
84	84	of North Dakota.
85	85	2.Notwithstanding any other provision of law, the state or a political subdivision or any
86	86	public utility, corporation, limited liability company, association, or other entity granted
87	87	the power of eminent domain by the state, may not exercise the right of eminent
88	88	domain to construct infrastructure associated with:
89	89	a.Carbon capture;
90	90	b.Solar energy;
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124	124	c.Wind energy;
125	125	d.Hydrogen energy;
126	126	e.Carbon dioxide transport for disposal in geological storage or for geological
127	127	sequestration; or
128	128	f.Anything under a federal 45Q tax credit as defined under title 25, United States
129	129	Code, section 45Q or any similar type of tax credits.
130	130	SECTION 2. AMENDMENT. Section 49-19-01 of the North Dakota Century Code is
131	131	amended and reenacted as follows:
132	132	49-19-01. Definition of common pipeline carriers.
133	133	EverySubject to subsection 2 of section 32 - 15 - 02, every person:
134	134	1.Owning, operating, or managing any pipeline or any part of any pipeline within this
135	135	state for the transportation of crude petroleum, gas, or coal, or carbon dioxide to or for
136	136	the public for hire, or engaged in the business of transporting crude petroleum, gas, or
137	137	coal, or carbon dioxide by pipelines;
138	138	2.Owning, operating, managing, or participating in the ownership, operation, or
139	139	management of, under lease, contract of purchase, agreement to buy or sell, or other
140	140	agreement or arrangement of any kind whatsoever, any pipeline, or any part of any
141	141	pipeline, for the transportation of crude petroleum, gas, or coal bought from others
142	142	from any oil, gas, or coal field or place of production, to any distributing, refining, or
143	143	marketing center or reshipping point;
144	144	3.Engaged in the business of producing, purchasing, transporting for hire or transporting
145	145	for sale within this state of natural gas, which is transported through pipelines, or any
146	146	part of a pipeline, the right of way for which is granted or secured under the provisions
147	147	of this chapter or, subject to chapter 32-15, through the exercise of the right of eminent
148	148	domain; or
149	149	4.Made a common carrier by or under the terms of a contract with or in pursuance of the
150	150	laws of the United States, is a common carrier and is subject to the provisions of this
151	151	chapter as a common pipeline carrier.
152	152	SECTION 3. AMENDMENT. Section 49-19-11 of the North Dakota Century Code is
153	153	amended and reenacted as follows:
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186	186	49-19-11. Pipeline carrier must agree to carry without discrimination.
187	187	A common pipeline carrier, in the acceptance of the provisions of this chapter, shall agree
188	188	expressly that it, without discrimination, will accept, carry, or purchase, the oil, coal, or gas, or
189	189	carbon dioxide of the state or of any person not the owner of any pipeline, operating a lease or
190	190	purchasing oil, coal, or gas, or carbon dioxide at prices and under regulations to be prescribed
191	191	by the commission.
192	192	SECTION 4. AMENDMENT. Section 49-19-19 of the North Dakota Century Code is
193	193	amended and reenacted as follows:
194	194	49-19-19. Discrimination between shippers in facilities furnished, service rendered,
195	195	and rates prohibited.
196	196	No
197	197	1.A common pipeline carrier may not discriminate between or against shippers in regard
198	198	toregarding facilities furnished, services rendered, or rates charged under the same or
199	199	similar circumstances in the transportation of crude petroleum, coal, or gas, or carbon
200	200	dioxide, nor may there be any discrimination in the transportation of crude petroleum,
201	201	coal, or gas, or carbon dioxide produced or purchased by itself directly or indirectly. In
202	202	thisthe connection the pipeline must be considered as a shipper of the crude
203	203	petroleum, coal, or gas, or carbon dioxide produced or purchased by itself directly or
204	204	indirectly and handled through its facilities. No such
205	205	2.A carrier in such operationoperating under this section, directly or indirectly, may not
206	206	charge, demand, collect, or receive from anyone a greater or lesser compensation for
207	207	any service rendered than from another for a like contemporaneous service. This does
208	208	not limitThis section does not preclude the right of the commission to prescribe rates
209	209	and regulations from or to some places different from other rates or regulations for
210	210	transportation from or to other places as it may determine, nor is any carrier guilty of
211	211	discrimination when obeying any order of the commission. Where there is offered for
212	212	transportation more crude petroleum, or coal, or carbon dioxide than can be
213	213	transported immediately, the sameproduct must be apportioned equitably. Gas must
214	214	be taken on a pro rata basis or on such basis as may be established by the industrial
215	215	commission pursuant to section 38-08-06.
216	216	SECTION 5. REPEAL. Section 38-22-10 of the North Dakota Century Code is repealed.
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