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North Dakota House Bill HB1539

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1539 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1539
4-(Representatives Novak, Grueneich)
5-(Senators Erbele, Kessel, Patten)
6-AN ACT to amend and reenact section 49-22-03 and subdivision e of subsection 1 of section 49-22-22
7-of the North Dakota Century Code, relating to backup electric generation.
1+25.1287.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Novak, Grueneich
7+Senators Erbele, Kessel, Patten
8+A BILL for an Act to amend and reenact section 49-22-03 and subdivision e of subsection 1 of
9+section 49-22-22 of the North Dakota Century Code, relating to backup electric generation.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 49-22-03 of the North Dakota Century Code is amended and
10-reenacted as follows:
11+SECTION 1. AMENDMENT. Section 49-22-03 of the North Dakota Century Code is
12+amended and reenacted as follows:
1113 49-22-03. Definitions.
1214 In this chapter, unless the context or subject matter otherwise requires:
13-1."Backup electric generation" means electric generation that is not interconnected with the grid
14-and is generated on a temporary basis to replace primary source electric generation when
15-unavailable.
16-2."Certificate" means the certificate of site compatibility or the certificate of corridor compatibility
17-issued under this chapter.
15+1."Backup electric generation" means electric generation that is not interconnected with
16+the grid and is generated on a temporary basis to replace primary source electric
17+generation when unavailable.
18+2."Certificate" means the certificate of site compatibility or the certificate of corridor
19+compatibility issued under this chapter.
1820 2.3."Commission" means the North Dakota public service commission.
1921 3.4."Construction" includes a clearing of land, excavation, or other action affecting the
2022 environment of the site after April 9, 1975, but does not include activities:
2123 a.Conducted wholly within the geographic location for which a utility has previously
22-obtained a certificate or permit under this chapter, or on which a facility was constructed
23-before April 9, 1975, if:
24-(1)The activities are for the construction of the same type of facility as the existing type
25-of facility as identified in a subdivision of subsection 56 or 67 or in subsection 1314
26-of this section and the activities are:
27-(a)Within the geographic boundaries of a previously issued certificate or permit;
28-(b)For an electric energy conversion facility constructed before April 9, 1975,
29-within the geographic location on which the facility was built; or
30-(c)For an electric transmission facility constructed before April 9, 1975, within a
31-width of three hundred fifty feet [106.68 meters] on either side of the
32-centerline;
33-(2)Except as provided in subdivision b, the activities do not affect any known exclusion
34-or avoidance area;
24+obtained a certificate or permit under this chapter, or on which a facility was
25+constructed before April 9, 1975, if:
26+(1)The activities are for the construction of the same type of facility as the
27+existing type of facility as identified in a subdivision of subsection 56 or 67 or
28+in subsection 1314 of this section and the activities are:
29+(a)Within the geographic boundaries of a previously issued certificate or
30+permit;
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58+(b)For an electric energy conversion facility constructed before April 9,
59+1975, within the geographic location on which the facility was built; or
60+(c)For an electric transmission facility constructed before April 9, 1975,
61+within a width of three hundred fifty feet [106.68 meters] on either side
62+of the centerline;
63+(2)Except as provided in subdivision b, the activities do not affect any known
64+exclusion or avoidance area;
3565 (3)The activities are for the construction:
3666 (a)Of a new electric energy conversion facility;
37-(b)Of a new electric transmission facility; H. B. NO. 1539 - PAGE 2
67+(b)Of a new electric transmission facility;
3868 (c)To improve the existing electric energy conversion facility or electric
3969 transmission facility; or
4070 (d)To increase or decrease the capacity of the existing electric energy
4171 conversion facility or electric transmission facility; and
42-(4)Before conducting any activities, the utility certifies in writing to the commission that:
72+(4)Before conducting any activities, the utility certifies in writing to the
73+commission that:
4374 (a)The activities will not affect a known exclusion or avoidance area;
4475 (b)The activities are for the construction:
4576 [1]Of a new electric energy conversion facility;
4677 [2]Of a new electric transmission facility;
4778 [3]To improve the existing electric energy conversion or electric
4879 transmission facility; or
49-[4]To increase or decrease the capacity of the existing electric energy
50-conversion facility or electric transmission facility; and
51-(c)The utility will comply with all applicable conditions and protections in siting
52-laws and rules and commission orders previously issued for any part of the
53-facility.
54-b.Otherwise qualifying for exclusion under subdivision a, except that the activities are
55-expected to affect a known avoidance area and the utility before conducting any
56-activities:
80+[4]To increase or decrease the capacity of the existing electric
81+energy conversion facility or electric transmission facility; and
82+(c)The utility will comply with all applicable conditions and protections in
83+siting laws and rules and commission orders previously issued for any
84+part of the facility.
85+b.Otherwise qualifying for exclusion under subdivision a, except that the activities
86+are expected to affect a known avoidance area and the utility before conducting
87+any activities:
5788 (1)Certifies in writing to the commission that:
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58122 (a)The activities will not affect a known exclusion area;
59123 (b)The activities are for the construction:
60124 [1]Of a new electric energy conversion facility;
61125 [2]Of a new electric transmission facility;
62-[3]To improve the existing electric energy conversion facility or electric
63-transmission facility; or
64-[4]To increase or decrease the capacity of the existing electric energy
65-conversion facility or electric transmission facility; and
66-(c)The utility will comply with all applicable conditions and protections in siting
67-laws and rules and commission orders previously issued for any part of the
68-facility;
69-(2)Notifies the commission in writing that the activities are expected to impact an
70-avoidance area and provides information on the specific avoidance area expected
71-to be impacted and the reasons why impact cannot be avoided; and
72-(3)Receives the commission's written approval for the impact to the avoidance area,
73-based on a determination that there is no reasonable alternative to the expected
74-impact. If the commission does not approve impacting the avoidance area, the utility
75-must obtain siting authority under this chapter for the affected portion of the site or
76-route. If the commission fails to act on the notification required by this subdivision H. B. NO. 1539 - PAGE 3
77-within thirty days of the utility's filing the notification, the impact to the avoidance
78-area is deemed approved.
126+[3]To improve the existing electric energy conversion facility or
127+electric transmission facility; or
128+[4]To increase or decrease the capacity of the existing electric
129+energy conversion facility or electric transmission facility; and
130+(c)The utility will comply with all applicable conditions and protections in
131+siting laws and rules and commission orders previously issued for any
132+part of the facility;
133+(2)Notifies the commission in writing that the activities are expected to impact
134+an avoidance area and provides information on the specific avoidance area
135+expected to be impacted and the reasons why impact cannot be avoided;
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137+(3)Receives the commission's written approval for the impact to the avoidance
138+area, based on a determination that there is no reasonable alternative to the
139+expected impact. If the commission does not approve impacting the
140+avoidance area, the utility must obtain siting authority under this chapter for
141+the affected portion of the site or route. If the commission fails to act on the
142+notification required by this subdivision within thirty days of the utility's filing
143+the notification, the impact to the avoidance area is deemed approved.
79144 c.Incident to preliminary engineering or environmental studies.
80-4.5."Corridor" means the area of land where a designated route may be established for an electric
81-transmission facility.
82-5.6."Electric energy conversion facility" means a plant, addition, or combination of plant and
83-addition, excluding onsite backup electric generation, designed for or capable of:
84-a.Generation by wind energy conversion exceeding one-half megawatt of electricity;
85-b.Generation by any means other than wind energy conversion exceeding fifty megawatts
86-of electricity; or
145+4.5."Corridor" means the area of land where a designated route may be established for an
146+electric transmission facility.
147+5.6."Electric energy conversion facility" means a plant, addition, or combination of plant
148+and addition, excluding onsite backup electric generation, designed for or capable of:
149+a.Generation by wind energy conversion exceeding one-half megawatt of
150+electricity;
151+b.Generation by any means other than wind energy conversion exceeding fifty
152+megawatts of electricity; or
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87186 c.Utility-scale energy storage.
88-6.7."Electric transmission facility" means an electric transmission line and associated facilities with
89-a design in excess of one hundred fifteen kilovolts. "Electric transmission facility" does not
90-include:
187+6.7."Electric transmission facility" means an electric transmission line and associated
188+facilities with a design in excess of one hundred fifteen kilovolts. "Electric transmission
189+facility" does not include:
91190 a.A temporary electric transmission line loop that is:
92-(1)Connected and adjacent to an existing electric transmission facility that was sited
93-under this chapter;
94-(2)Within the corridor of the sited facility and does not cross known exclusion or
95-avoidance areas; and
191+(1)Connected and adjacent to an existing electric transmission facility that was
192+sited under this chapter;
193+(2)Within the corridor of the sited facility and does not cross known exclusion
194+or avoidance areas; and
96195 (3)In place for less than one year; or
97196 b.An electric transmission line that is less than one mile [1.61 kilometers] long.
98-7.8."Facility" means an electric energy conversion facility, electric transmission facility, or both.
99-8.9."Permit" means the permit for the construction of an electric transmission facility within a
100-designated corridor issued under this chapter.
101-9.10."Person" includes an individual, firm, association, partnership, cooperative, corporation, limited
102-liability company, or any department, agency, or instrumentality of a state or of the federal
103-government, or any subdivision thereof.
104-10.11."Power emergency" means an electric transmission line and associated facilities that have
105-been damaged or destroyed by natural or manmade causes resulting in a loss of power
106-supply to consumers of the power.
107-11.12."Repower" means construction activities to completely or partially dismantle and replace
108-turbine equipment at an existing wind energy conversion facility site that result in an increase
109-of the facility's generation output potential or turbine height. The term does not include routine
110-turbine maintenance or routine replacement of malfunctioning turbines or turbine components.
111-12.13."Route" means the location of an electric transmission facility within a designated corridor.
197+7.8."Facility" means an electric energy conversion facility, electric transmission facility, or
198+both.
199+8.9."Permit" means the permit for the construction of an electric transmission facility within
200+a designated corridor issued under this chapter.
201+9.10."Person" includes an individual, firm, association, partnership, cooperative,
202+corporation, limited liability company, or any department, agency, or instrumentality of
203+a state or of the federal government, or any subdivision thereof.
204+10.11."Power emergency" means an electric transmission line and associated facilities that
205+have been damaged or destroyed by natural or manmade causes resulting in a loss of
206+power supply to consumers of the power.
207+11.12."Repower" means construction activities to completely or partially dismantle and
208+replace turbine equipment at an existing wind energy conversion facility site that result
209+in an increase of the facility's generation output potential or turbine height. The term
210+does not include routine turbine maintenance or routine replacement of malfunctioning
211+turbines or turbine components.
212+12.13."Route" means the location of an electric transmission facility within a designated
213+corridor.
112214 13.14."Site" means the location of an electric energy conversion facility.
113-14.15."Utility" means a person engaged in and controlling the electric generation, the transmission of
114-electric energy, or the transmission of water from or to any electric energy conversion facility. H. B. NO. 1539 - PAGE 4
115-15.16."Utility-scale energy storage" means a plant, addition, or combination of plant and addition,
116-designed for operation as a grid resource and capable of five megawatts or more of rated
117-power capacity.
118-SECTION 2. AMENDMENT. Subdivision e of subsection 1 of section 49-22-22 of the North Dakota
119-Century Code is amended and reenacted as follows:
120-e.An applicant certifying to the commission under subsection 34 of section 49-22-03 shall
121-pay an amount to be determined by the commission to cover anticipated expenses of
122-processing the application. H. B. NO. 1539 - PAGE 5
123-____________________________ ____________________________
124-Speaker of the House President of the Senate
125-____________________________ ____________________________
126-Chief Clerk of the House Secretary of the Senate
127-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
128-Assembly of North Dakota and is known on the records of that body as House Bill No. 1539.
129-House Vote: Yeas 91 Nays 0 Absent 3
130-Senate Vote:Yeas 47 Nays 0 Absent 0
131-____________________________
132-Chief Clerk of the House
133-Received by the Governor at ________M. on _____________________________________, 2025.
134-Approved at ________M. on __________________________________________________, 2025.
135-____________________________
136-Governor
137-Filed in this office this ___________day of _______________________________________, 2025,
138-at ________ o’clock ________M.
139-____________________________
140-Secretary of State
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246+14.15."Utility" means a person engaged in and controlling the electric generation, the
247+transmission of electric energy, or the transmission of water from or to any electric
248+energy conversion facility.
249+15.16."Utility-scale energy storage" means a plant, addition, or combination of plant and
250+addition, designed for operation as a grid resource and capable of five megawatts or
251+more of rated power capacity.
252+SECTION 2. AMENDMENT. Subdivision e of subsection 1 of section 49-22-22 of the North
253+Dakota Century Code is amended and reenacted as follows:
254+e.An applicant certifying to the commission under subsection 34 of section
255+49-22-03 shall pay an amount to be determined by the commission to cover
256+anticipated expenses of processing the application.
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