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