25.0776.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Roers, Hogue
Representatives Lefor, Louser
A BILL for an Act to create and enact a new section to chapter 23.1-01, a new section to chapter
54-07, and a new section to chapter 61-03 of the North Dakota Century Code, relating to
standards for well drilling and installation of water well pumps, pitless units, and monitoring
wells, a boards review task force, and requirements for firms engaged in water well work,
installation of water well pump and pitless units, monitoring well work, and drilling of geothermal
systems; to amend and reenact section 6-09-43, subdivision j of subsection 2 of section
15.1-01-04, sections 15.1-07-33 and 23-35-02.2, subsection 1 of section 50-06-01.4, sections
52-02-02 and 52-02-08, subsection 1 of section 54-07-01.2, sections 54-54-05, 54-59-26,
54-59-27, 54-59-34, 54-59-36, 54-59-37, 54-59-39, 61-03-01.3, 61-04.1-03, 61-04.1-08,
61-04.1-09, 61-04.1-12, 61-04.1-14, 61-04.1-15, 61-04.1-16, 61-04.1-17, 61-04.1-18,
61-04.1-19, 61-04.1-20, 61-04.1-21, 61-04.1-33, 61-04.1-34, 61-04.1-37, 61-04.1-38, and
61-04.1-39, and subdivision a of subsection 2 of section 65-02-03.1 of the North Dakota
Century Code, relating to the wastewater recycling treatment guide, boards and commissions,
the unemployment insurance advisory council, gubernatorial appointments, the committee on
aging, health information technology advisory committee, statewide longitudinal data system
committee, atmospheric resource board, the department of health and human services, the
council on the arts, the state engineer, the superintendent of public instruction, job service North
Dakota, and workforce safety and insurance coordinating committee; to repeal chapter 8-11.1,
sections 12-48-06.1, 15.1-37-05, 15.1-37-06, and 15.1-37-08, chapter 17-07, sections
19-24.1-38, 19.1-24.1-39, and 23-35-02.3, chapters 34-16 and 43-35, sections 50-06-05.6,
50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27, 52-02-07, 54-34.3-10, 54-54-10, 54-59-25,
54-59-33, 54-59-35, 54-59-38, 54-60-25, 55-01-13, 55-01-14, 61-04.1-04, 61-04.1-05,
61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36 of the North Dakota Century Code,
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ENGROSSED SENATE BILL NO. 2308
FIRST ENGROSSMENT
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relating to occupational and professional boards, the midwest interstate passenger rail compact,
prison industry advisory committee, energy policy commission, medical marijuana advisory
committee, onsite wastewater recycling technical committee, state board of water well
contractors, committee on aging, brain injury advisory council, early childhood council,
unemployment insurance advisory council, commission on the status of women, health
information technology advisory committee, poet laureate nominating board, rural development
council, America 250 commission, atmospheric resource board, and Devils Lake outlet
management advisory committee; to provide for a legislative management report; to provide an
effective date; and to provide an expiration date.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 6-09-43 of the North Dakota Century Code is amended
and reenacted as follows:
6-09-43. Health information technology planning loan fund - Appropriation.
1.The health information technology planning loan fund is established in the Bank for the
purpose of providing low-interest loans to health care entities to assist those entities in
improving health information technology infrastructure. This fund is a revolving loan
fund. All moneys transferred into the fund, interest upon moneys in the fund, and
collections of interest and principal on loans made from the fund are appropriated for
disbursement according to this section.
2.The Bank shall make loans from this fund to health care entities as approved by the
health information technology office director, in collaboration with the health
information technology advisory committee, in accordance with the criteria established
by the health information technology director under section 54-59-26.
3.The Bank shall administer the health information technology planning loan fund. Funds
in the loan fund may be used for loans as provided under this section and the costs of
administration of the fund. Annually, the Bank may deduct a service fee for
administering the revolving loan fund maintained under this section.
4.An application for a loan under this section must be made to the health information
technology office. The health information technology office director, in collaboration
with the health information technology advisory committee, may approve the
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application of a qualified applicant that meets the criteria established by the health
information technology office director. The health information technology office shall
forward approved applications to the Bank. Upon approval of the application by the
Bank, the Bank shall make the loan from the revolving loan fund as provided under
this section.
5.The Bank may do all acts necessary to negotiate loans and preserve security as
deemed necessary, to exercise any right of redemption, and to bring suit in order to
collect interest and principal due the revolving loan fund under mortgages, contracts,
and notes executed to obtain loans under this section. If the applicant's plan for
financing provides for a loan of funds from sources other than the state of North
Dakota, the Bank may make a loan subordinate security interest. The Bank may
recover from the revolving loan fund amounts actually expended by the Bank for legal
fees and to effect a redemption.
SECTION 2. AMENDMENT. Subdivision j of subsection 2 of section 15.1-01-04 of the North
Dakota Century Code is amended and reenacted as follows:
j.The following gubernatorial appointees:
(1)An individual representing the statewide longitudinal data system
committee;
(2)An individual representing tribal school interests;
(3)(2)An individual employed as a public school administrator;
(4)(3)An individual employed as a public school principal;
(5)(4)An individual employed as a public elementary school teacher;
(6)(5)An individual employed as a public secondary school teacher;
(7)(6)A director of a special education unit; and
(8)(7)A director of a regional education association.
SECTION 3. AMENDMENT. Section 15.1-07-33 of the North Dakota Century Code is
amended and reenacted as follows:
15.1-07-33. Student information system - Exemption.
1.Notwithstanding any other technology requirements imposed by the superintendent of
public instruction or the information technology department, each school district shall
implement the state student information system administered by the information
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technology department and use it as its principal student information system. Each
school district shall use a state course code, assigned by the department of public
instruction, to identify all local classes in the state student information system.
2.The statewide longitudinal data system committeesuperintendent of public instruction
may exempt a school district from having to implement and utilize the state student
information system if the school district demonstrates that:
a.The district has acquired and is using a student information system determined to
be compatible with the statewide longitudinal data system; or
b.In accordance with requirements of the bureau of Indian education, the district
has acquired and is utilizing a student information system that is determined to
be comparable by the superintendent.
SECTION 4. AMENDMENT. Section 23-35-02.2 of the North Dakota Century Code is
amended and reenacted as follows:
23-35-02.2. Public health units to adopt onsite wastewater recycling treatment guide.
Each public health unit shall adopt the statewide technical guide for onsite wastewater
recycling treatment technologies and sewage distribution technologies established by the onsite
wastewater recycling technical committeedepartment of environmental quality .
SECTION 5. A new section to chapter 23.1-01 of the North Dakota Century Code is created
and enacted as follows:
Standards for well drilling and installation of water well pumps, pitless units, and
monitoring wells - Reports required.
1.All construction of water wells must comply with the rules adopted by the department
of environmental quality. Within thirty days after the completion of each well, each
water well contractor shall furnish to the department on forms provided by the
department any information required by the department, including a log of formations
penetrated, well depth, and casing size and weight. A copy of each report also must be
furnished to the customer. All information submitted must remain the property of the
department.
2.All installation of water well pumps and pitless units must comply with the rules
adopted by the department of environmental quality.
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3.All monitoring wells constructed must comply with the rules adopted by the department
of environmental quality. Each monitoring well contractor shall furnish all reports
required by the rules of the department.
4.All drilling of geothermal systems must comply with the rules adopted by the
department of environmental quality and the state geologist.
SECTION 6. AMENDMENT. Subsection 1 of section 50-06-01.4 of the North Dakota
Century Code is amended and reenacted as follows:
1.The department includes the state hospital, the regional human service centers, a
vocational rehabilitation unit, public health division, and other units or offices and
administrative and fiscal support services as the commissioner of the department
determines necessary. The department must be structured to promote efficient and
effective operations and, consistent with fulfilling its prescribed statutory duties, shall
act as the official agency of the state in the discharge of the following functions not
otherwise by law made the responsibility of another state agency:
a.(1)Administration of programs for children and families, including adoption
services and the licensure of child-placing agencies, foster care services
and the licensure of foster care arrangements, certification of shelter care
services, child protection services, children's trust fund, licensure of early
childhood programs, refugee services, in-home community-based services,
quality control, and administration of the interstate compacts on the
placement of children and juveniles, and the early childhood services
advisory board.
(2)Administration of programs to identify all available options for effectively
maximizing the provision of early childhood services within the state and
address the coordinated utilization of facilities and personnel for the
provision of early childhood services within the state.
b.Administration of programs for individuals with developmental disabilities,
including licensure of facilities and services, the establishment funding for family
members and corporate guardianships, and the design and implementation of a
community-based service system for persons in need of habilitation.
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c.Administration of aging service programs, including nutrition, transportation,
advocacy, social, ombudsman, recreation, and related services funded under the
Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and
community-based services, licensure of adult foster care homes, and the
committee on aging.
d.Administration of behavioral health programs, including reviewing and identifying
service needs and activities in the state's behavioral health system in an effort to
ensure health and safety, access to services, and quality of services; establishing
quality assurance standards for the licensure of substance use disorder program
services and facilities; providing policy leadership in partnership with public and
private entities; and providing chronic disease management, regional intervention
services, and twenty-four-hour crisis services for individuals with behavioral
health disorders.
e.Administration of economic assistance programs, including temporary assistance
for needy families, the supplemental nutrition assistance program, home energy
assistance, child care assistance, refugee assistance, work experience, work
incentive, and quality control.
f.Administration of medical service programs, including medical assistance for
children's health insurance program, Medicaid waivers, early and periodic
screening, diagnosis and treatment, utilization control, autism services, and
claims processing.
g.Administration of general assistance.
h.Administration of child support.
i.Administration of program, services, and licensing outlined in title 23 and other
previous duties of the state department of health and state health council.
j.Administration of a program to improve the quality of life for an individual with
brain injury and the individual's family through brain injury awareness, prevention,
research, education, collaboration, support services, and advocacy.
SECTION 7. AMENDMENT. Section 52-02-02 of the North Dakota Century Code is
amended and reenacted as follows:
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52-02-02. Powers, duties, organization, and methods of procedure of bureau - Seal.
The bureau may adopt, amend, or rescind such rules and regulations, make such
expenditures, require such reports, make such investigations, and take such other action as it
deems necessary or suitable in the administration of the North Dakota unemployment
compensation law. Such rulesAll rules and regulations are effective upon publication in the
manner, not inconsistent with the provisions of the North Dakota unemployment compensation
law, which the bureau shall prescribe. The bureau shall determine its own organization and
methods of procedure in accordance with the provisions of the North Dakota unemployment
compensation law and shall have an official seal which shall be noticed judicially.
SECTION 8. AMENDMENT. Section 52-02-08 of the North Dakota Century Code is
amended and reenacted as follows:
52-02-08. Bureau and advisory councils to take steps to stabilize employment.
The bureau, with the advice and aid of its advisory councils, and through its appropriate
divisions, shall take appropriate steps to:
1.Reduce and prevent unemployment.
2.Encourage and assist in the adoption of practical methods of career and technical
education training, retraining, and career development counseling.
3.Investigate, recommend, advise, and assist in the establishment and operation, by
municipalities, counties, school districts, and the state, of reserves for public works to
be used in times of business depression and unemployment.
4.Promote the re-employment of unemployed workers throughout the state in every
other way that may be feasible.
5.Carry on and publish the results of investigations and research studies.
SECTION 9. AMENDMENT. Subsection 1 of section 54-07-01.2 of the North Dakota
Century Code is amended and reenacted as follows:
1.Notwithstanding sections 2-05-01, 4.1-05-02, 4.1-26-02, 6-01-03, 6-09-02.1,
12-55.1-02, 12-59-01, 15-39.1-05.1, 15.1-01-01, 15.1-13-02, 20.1-02-23, 23.1-01-02,
36-01-01, 37-18.1-01, 50-06-05.6, 54-34.3-10, 54-54-02, 55-01-01, and 61-02-04, all
members of the following boards and commissions must, subject to the limitations of
this section, be considered to have resigned from such boards and commissions
effective January first of the first year of each four-year term of the governor:
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a.The aeronautics commission.
b.The milk marketing board.
c.The dairy promotion commission.
d.The state banking board.
e.The state credit union board.
f.The advisory board of directors to the Bank of North Dakota.
g.The pardon advisory board.
h.The state parole board.
i.The state board of public school education.
j.The education standards and practices board.
k.The board of trustees of the teachers' fund for retirement.
l.The state game and fish advisory board.
m.The environmental review advisory council.
n.The board of animal health.
o.The administrative committee on veterans' affairs.
p.The committee on aging.
q.The commission on the status of women.
r.The North Dakota council on the arts.
s.q.The state historical board.
t.r.The state water commission.
SECTION 10. A new section to chapter 54-07 of the North Dakota Century Code is created
and enacted as follows:
Boards review task force - Report to legislative management.
1.The office of the governor shall provide staffing and administrative services to the
boards review task force. The task force shall:
a.Review and assess all boards for inefficiencies and duplication of responsibilities;
b.Issue performance evaluations; and
c.Make recommendations to the legislative assembly regarding minimizing and
streamlining government operations through the consolidation or elimination of
boards.
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2.In addition to the governor or the governor's designee, who shall serve as the
presiding officer of the task force, the task force must include:
a.A member of the senate, appointed by the senate majority leader.
b.A member of the house of representatives, appointed by the house of
representatives majority leader.
c.A representative of an organization representing cities, appointed by the
governor.
d.A representative of an organization representing counties, appointed by the
governor.
e.A representative of the business community, appointed by the governor.
f.A memberrepresentative of an occupational licensing board, appointed by the
governor.
g.A member at large, appointed by the governor.
3.A member of the task force who is not a state employee is entitled to reimbursement
for mileage and expenses as provided by law for state officers and employees, to be
paid by the office of the governor. A state employee who is a member of the task force
is entitled to receive that employee's regular salary and is entitled to reimbursement
for mileage and expenses to be paid by the employing agency. A member of the task
force who is a member of the legislative assembly is entitled to receive per diem
compensation at the rate provided under section 54 - 35 - 10 for each day performing
official duties of the task force. The legislative council shall pay the per diem
compensation and reimbursement for travel and expenses as provided by law for any
member of the task force who is a member of the legislative assembly.
4.Before October 1, 2026, the task force shall provide a report of its findings and
recommendations and any proposed legislation necessary to implement the
recommendations to the legislative management.
SECTION 11. AMENDMENT. Section 54-54-05 of the North Dakota Century Code is
amended and reenacted as follows:
54-54-05. Duties of council.
The duties of the council are:
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1.To stimulate and encourage throughout the state the study and presentation of the
performing and fine arts and public interest and participation therein.
2.To make such surveys as may be deemed advisable of public and private institutions
engaged within the state in artistic and cultural activities, including but not limited to,
music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and
to make recommendations concerning appropriate methods to encourage participation
in and appreciation of the arts to meet the legitimate needs and aspirations of persons
in all parts of the state.
3.To take such steps as may be necessary and appropriate to encourage public interest
in the cultural heritage of our state and to expand the state's cultural resources.
4.To encourage and assist freedom of artistic expression essential for the well-being of
the arts.
5.To determine the artistic value of property as provided by section 1-08-04.1.
6.To administer a poet laureate program that selects the poet laureate and requires the
poet laureate to participate in at least four public events around the state each year.
SECTION 12. AMENDMENT. Section 54-59-26 of the North Dakota Century Code is
amended and reenacted as follows:
54-59-26. Health information technology office - Duties - Loan and grant programs.
1.The health information technology office is created in the department. The health
information technology advisory committee shall make recommendations to the health
information technology office for implementing an interoperable health information
infrastructure that is consistent with emerging national standards; promote the
adoption and use of electronic health records and other health information
technologies; and promote interoperability of health information systems for the
purpose of improving health care quality, patient safety, and the overall efficiency of
health care and public health services.
2.The health information technology office director, in collaboration with the health
information technology advisory committee, shall:
a.Apply for federal funds that may be available to assist the state and health care
providers in implementing and improving health information technology.
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b.Implement and administer a health information exchange that utilizes information
infrastructure and systems in a secure and cost-effective manner to facilitate the
collection, storage, and transmission of health records.
c.Adopt rules under chapter 28-32 for the use of health information, use of the
health information exchange, and participation in the health information
exchange.
d.Adopt rules under chapter 28-32 for accessing the health information exchange
to ensure appropriate and required privacy and security protections and relating
to the authority of the director to suspend, eliminate, or terminate the right to
participate in the health information exchange.
e.Establish a health information technology planning loan program to provide
low-interest loans to health care entities to assist those entities in improving their
health information technology infrastructure under section 6-09-43.
f.Facilitate and expand electronic health information exchange in the state, directly
or by awarding grants.
g.Establish an application process and eligibility criteria for and accept and process
applications for loans and grants under subdivisions e and f. The eligibility criteria
must be consistent with federal requirements associated with federal funds
received under subdivision a. The eligibility criteria for loans under subdivision f
must include a requirement that the recipient's approved health information
technology be strategically aligned with the state's health information technology
plan and the associated federal standards and that the recipient has passed an
onsite electronic medical record readiness assessment conducted by an
assessment team determined by the health information technology advisory
committee and the health information technology office director.
h.Determine fees and charges for access and participation in the health information
exchange. Any moneys collected under this subdivision must be deposited in the
electronic health information exchange fund.
i.Consult and coordinate with the department of health and human services to
facilitate the collection of health information from health care providers and state
agencies for public health purposes, including identifiable health information that
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may be used by state agencies, departments, or institutions to comply with
applicable state or federal laws.
3.If the health information technology advisory committee determines that establishing a
health information exchange with another state or states will assist in providing health
information exchange services in a cost-effective manner, theThe health information
technology office director, in collaboration with the health information technology
advisory committee, may join with another state or states to establish, implement, and
administer a health information exchange consistent with other provisions of this
chapter.
SECTION 13. AMENDMENT. Section 54-59-27 of the North Dakota Century Code is
amended and reenacted as follows:
54-59-27. Health information technology office - Electronic health information
exchange fund.
1.There is created an electronic health information exchange fund. The fund consists of
moneys deposited in the fund from federal or other sources or moneys transferred into
the fund as directed by the legislative assembly. The health information technology
office shall administer this fund and shall distribute moneys in the fund accordingly.
The moneys in the fund must be used to facilitate and expand electronic health
information exchange. Moneys in the fund may be used, subject to legislative
appropriations, to provide services directly, for grants as provided under this section,
and for the costs of administration of the fund.
2.A grant applicant shall submit an application to the health information technology
office, which shall determine the applicant's eligibility based upon criteria established
by the health information technology office director in collaboration with the health
information technology advisory committee.
3.This section does not create an entitlement to any funds available for grants under this
section. The health information technology office may award these grants to the extent
funds are available and, within the office's discretion, to the extent such applications
are approved.
SECTION 14. AMENDMENT. Section 54-59-34 of the North Dakota Century Code is
amended and reenacted as follows:
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54-59-34. Statewide longitudinal data system committee - Information technology
department - Duties.
1.The statewide longitudinal data system committeedepartment shall manage a
statewide longitudinal data system among education, workforce, and training entities
that:
a.Provides for the dissemination of management information to stakeholders and
partners of state education, training, and employment systems;
b.Is required to provide on an annual basis to education and workforce
development programs, to the extent permitted by federal law, the wage record
interchange system 2 data sharing agreement and the state wage interchange
system data sharing agreement and state performance reports that measure the
aggregate outcomes of participants in the workforce and continuing education
programs, including private workforce and education programs that request the
reports; and
c.Uses data from educational and workforce systems as central sources of
statewide longitudinal data.
2.The department may, subject to federal and state privacy laws, enter interagency
agreements, including agreements designating authorized representatives of the
educational agencies participating in the system, under the Family Educational Rights
and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].
3.The statewide longitudinal data system committeedepartment shall establish policies
and adopt rules addressing access to and the collection, storage, and sharing of
information and the systems necessary to perform those functions, subject to
applicable federal and state privacy laws and interagency agreements and restrictions
relating to confidential information required to conform to applicable federal and state
privacy laws.
3.4.The statewide longitudinal data system committeedepartment shall provide operational
oversight for information sharing activities and make recommendations for and provide
oversight of information sharing budgets.
4.5.The statewide longitudinal data system committee in consultation with the information
technology department shall:
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a.Establish the terms and conditions under which a person may be authorized to
access data through the statewide longitudinal data system;
b.Direct that all statewide longitudinal data system administrators implement
approved data protection practices to ensure the security of electronic and
physical data, provided that the practices include requirements for encryption and
staff training;
c.Provide for biennial privacy and security audits of the statewide longitudinal data
system;
d.Establish protocols, including procedures, for the notification of students and
parents in the event of a data breach involving the statewide longitudinal data
system;
e.Require that data retention and disposition by the statewide longitudinal data
system be governed by the same policies as those instituted for the information
technology department; and
f.Require the provision of annual training regarding data protection to any
individuals who have access to the statewide longitudinal data system, including
school district employees, employees of the North Dakota university system
office and institutions under the control of the state board of higher education,
and elected or appointed state or local governmental officials.
6.The department may authorize studies to benefit and improve workforce training and
education.
SECTION 15. AMENDMENT. Section 54-59-36 of the North Dakota Century Code is
amended and reenacted as follows:
54-59-36. Statewide longitudinal data system committee - Report to legislative
management.
During each interim the statewide longitudinal data system committeedepartment shall
provide a report regarding the statewide longitudinal data system to one or more committees
designated by the legislative management and shall provide recommendations for further
development, cost proposals, proposals for legislation, and recommendations for data sharing
governance.
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SECTION 16. AMENDMENT. Section 54-59-37 of the North Dakota Century Code is
amended and reenacted as follows:
54-59-37. Statewide longitudinal data system committee - Continuing appropriation.
The statewide longitudinal data system committeedepartment may solicit and receive gifts,
grants, and donations from public and private sources. Any moneys received in accordance with
this section are appropriated on a continuing basis for the support of the statewide longitudinal
data system.
SECTION 17. AMENDMENT. Section 54-59-39 of the North Dakota Century Code is
amended and reenacted as follows:
54-59-39. State agencies - Mandatory provision of information - Confidentiality.
1.The information technology department may request from any state agency:
a.All information required by 20 U.S.C. 9871(e)(2)(D);
b.Any other educational information the statewide longitudinal data system
committee determines is required for a longitudinal data system to comply with
state or federal law; and
c.Unemployment insurance wage data from job service North Dakota for education
and workforce development program evaluations, except that the information
technology department may not redisclose any data identifying an individual
unless the redisclosure is expressly permitted by a written agreement between
job service North Dakota and the department or is otherwise expressly permitted
or required by federal or state law.
2.A state agency providing information requested under subsection 1 shall enter an
interagency agreement with the department which identifies applicable federal and
state privacy laws and agency-established restrictions relating to its confidential
information the agency has determined is required to comply with federal and state
privacy laws.
3.Subject to applicable restrictions on the use and disclosure of confidential information
required to comply with federal and state privacy laws and the terms of the
interagency agreement, any state agency receiving a request for information under
subsection 1 shall provide the information at the time and in the manner required by
the information technology department.
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SECTION 18. AMENDMENT. Section 61-03-01.3 of the North Dakota Century Code is
amended and reenacted as follows:
61-03-01.3. Director - State engineer - Powers and duties.
1.The director shall:
a.Enforce all rules adopted by the department;
b.Hire a state engineer who is a qualified professional engineer, has appropriate
hydrology experience, and will report to the director;
c.Hire other employees as necessary to carry out the duties of the department and
director;
d.Organize the department in an efficient manner; and
e.Take any other action necessary and appropriate for administration of the
department.
f.Adopt rules to license water well contractors, water well pump and pitless unit
installers, monitoring well contractors, and geothermal system drillers.
g.Advise the governor and the state water commission regarding operations of
Devils Lake outlets.
h.Recommend an operational plan for the Devils Lake outlet based on Sheyenne
River capacity and water quality considerations .
2.The state engineer is responsible for and shall manage the department's oversight of
dam safety, water appropriations, and construction and drainage permits, and
associated technical duties related to public safety and property protection.
SECTION 19. A new section to chapter 61-03 of the North Dakota Century Code is created
and enacted as follows:
Requirements for firms engaged in water well work, installation of water well pumps
and pitless units, monitoring well work, and drilling of geothermal systems - Exceptions.
1.A person, partnership, association, corporation, or limited liability company may not
engage in the business of constructing a water well in this state unless at all times a
certified water well contractor, who is responsible for the proper construction or
alteration of a water well, is in charge. This section does not prohibit any person,
partnership, association, corporation, or limited liability company from constructing any
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water well on the person's or entity's own premises for the person's or entity's own
use.
2.A person may not engage in the business of installing water well pumps and pitless
units in the state after July 1, 1986, unless a certified installer, who is responsible for
the proper installation of the pump and pitless unit, is in charge of the installation. This
chapter does not prohibit any person from installing water well pumps and pitless units
on that person's own premises for that person's own use.
3.A person may not engage in the business of constructing a monitoring well in this state
unless at all times a certified monitoring well contractor, who is responsible for the
proper construction or alteration of the monitoring well, is in charge. This section does
not prohibit any person from installing a monitoring well on that person's own premises
for that person's own use.
4.A person may not engage in the business of drilling geothermal systems in the state
after July 1, 2008, unless a certified driller, who is responsible for the proper drilling of
the geothermal system, is in charge of the drilling. This section does not prohibit a
person from drilling geothermal systems on that person's own premises for that
person's own use.
SECTION 20. AMENDMENT. Section 61-04.1-03 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-03. Definitions.
As used in this chapter, unless the context otherwise requires:
1."Board" means the North Dakota atmospheric resource board which, in the exercise of
the powers granted under this chapter, has all of the powers of an administrative
agency as defined in chapter 28-32.
2."Controller" refers to any licensee duly authorized in this state to engage in weather
modification operations.
3.2."Geographical region" means a geographical area with a contiguous boundary that
may enclose a portion of any county or counties.
4.3."Hail suppression" refers to the activation of any process that will reduce, modify,
suppress, eliminate, or soften hail formed in clouds or storms.
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5.4."Increasing precipitation" refers to the activation of any process that will actually result
in greater amounts of moisture reaching the ground in any area from a cloud or cloud
system than would have occurred naturally.
6.5."Initiating precipitation" refers to the process of causing precipitation from clouds which
could not otherwise have occurred naturally or inducing precipitation significantly
earlier than would have occurred naturally.
7.6."Operation" means the performance of any weather modification activity undertaken
for the purpose of producing or attempting to produce any form of modifying effect
upon the weather within a limited geographical area or within a limited period of time.
8.7."Research and development" means exploration, field experimentation, and extension
of investigative findings and theories of a scientific or technical nature into practical
application for experimental and demonstration purposes, including the experimental
production of models, devices, equipment, materials, and processes.
9.8."Weather modification" means and extends to the control, alteration, and amelioration
of weather elements, including man-caused changes in the natural precipitation
process, hail suppression or modification, and alteration of other weather phenomena,
including clouds, temperature, wind direction, and velocity, and the initiating,
increasing, decreasing, and otherwise modifying by artificial methods of precipitation in
the form of rain, snow, hail, mist, or fog through cloud seeding, electrification, or by
other means to provide immediate practical benefits.
10.9."Weather modification authority" means the governing body created by a board of
county commissioners under section 61-04.1-22.1, 61-04.1-23, 61-04.1-27,
61-04.1-29, or 61-04.1-31.
SECTION 21. AMENDMENT. Section 61-04.1-08 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-08. Powers and duties of boardthe department.
The boarddepartment has the following powers and duties:
1.The board shall appoint an executive director to serve at the board's discretion and to
perform duties assigned by the board.
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2.The board shall authorize the employment of staff the board deems necessary to carry
out the provisions of this chapter. The executive director shall hire the staff, subject to
the approval of the board.
3.The boarddepartment shall adopt rules concerning qualifications, procedures, and
conditions for issuance, revocation, suspension, and modification of licenses and
permits; standards and instructions governing weather modification operations,
including monitoring and evaluation, recordkeeping, and reporting, and the
boarddepartment shall establish procedures and forms for this recordkeeping and
reporting. The boarddepartment may adopt all other rules necessary to the
administration of this chapter. The provisions of chapter 28-32 apply to this chapter
and rules of the boarddepartment must be published in the North Dakota
Administrative Code.
4.2.The boarddepartment may contract with any person to carry out weather modification
operations and, in connection with regulated weather modification operations in a
county or geographical region, shall carry on monitoring and evaluation activities.
5.3.The boarddepartment may order any person who is conducting weather modification
operations in violation of this chapter or any rules adopted to implement this chapter,
to cease and desist from those operations and the order is enforceable in any court of
competent jurisdiction within this state.
6.4.The boarddepartment may cooperate and contract with any person engaged in
activities similar to the work of the boarddepartment and may make contracts and
agreements to carry out programs consistent with the purpose and intent of this
chapter. The boarddepartment may request and accept any grants of funds or services
from any person and expend these funds or use these services to carry out this
chapter.
7.5.The boarddepartment shall monitor the current state of knowledge regarding the
magnitude and impacts of possible regional and global climatic changes and shall
provide information to other state agencies that may benefit from this knowledge.
8.6.The boarddepartment shall administer and enforce the provisions of this chapter and
do all things reasonably necessary to effectuate the purposes of this chapter.
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9.7.The boarddepartment may plan and study a hail suppression pilot program that would
provide urban and rural hail suppression operations statewide or to any portion of the
state.
SECTION 22. AMENDMENT. Section 61-04.1-09 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-09. BoardDepartment of water resources to establish research and
development program - Hail suppression pilot program.
1.The boarddepartment of water resources shall establish a program of weather
modification research and development in this state. The boarddepartment shall
supervise and coordinate all research and development activities in the state or
research and development activities outside of the state participated in or conducted
by any state institution or state or county agency.
2.If the boarddepartment plans and studies a hail suppression pilot program, the
boarddepartment may conduct a planning phase that includes studying the impact on
the environment, providing public education, and formulating an operations plan.
SECTION 23. AMENDMENT. Section 61-04.1-12 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-12. Exemptions.
The boarddepartment of water resources may provide by rule for exemption of the following
activities from the license and permit requirements of section 61-04.1-11:
1.Research and development conducted by the state, political subdivisions of the state,
colleges and universities of the state, agencies of the federal government, or bona fide
research corporations.
2.Weather modification operations of an emergency nature taken against fire, frost, or
fog.
Exempted activities shallmust be conducted so as not to unduly interfere with weather
modification operations conducted under a permit issued in accordance with this chapter.
SECTION 24. AMENDMENT. Section 61-04.1-14 of the North Dakota Century Code is
amended and reenacted as follows:
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61-04.1-14. Issuance of license - Fee.
The boarddepartment of water resources shall provide, by rule, the procedure and criteria
for the issuance of a license. The boarddepartment, in accordance with its rules, shall issue a
weather modification license to each applicant who:
1.Pays a license fee of fifty dollars.
2.Demonstrates competence to engage in weather modification operations, to the
satisfaction of the boarddepartment.
3.Designates an agent for the service of process pursuant to section 61-04.1-13 or
chapter 10-19.1.
Each license issued by the board shall bedepartment is nontransferable and shall expireexpires
on December thirty-first of the year of issuance. A license shall beis revocable for cause at any
time prior to such date if, after holding a hearing upon due notice, the board shall
determinedepartment determines that cause for revocation exists. License fees collected by the
board shalldepartment must be paid into the general fund in the state treasury.
SECTION 25. AMENDMENT. Section 61-04.1-15 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-15. Revocation or suspension of license.
The boarddepartment of water resources may suspend or revoke a license for any of the
following reasons:
1.Incompetency.
2.Dishonest practice.
3.False or fraudulent representations made in obtaining a license or permit under this
chapter.
4.Failure to comply with any provisions of this chapter or any rules adopted by the
boarddepartment pursuant to this chapter.
SECTION 26. AMENDMENT. Section 61-04.1-16 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-16. Permit required - Issuance of permit - Fee.
1.A weather modification permit shall beis required for each geographical area, as set
out in the operational plan required by subdivision b, in which a person intends to
conduct weather modification operations. Each permit issued by the board shall
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expiredepartment of water resources expires on December thirty-first of the year of
issuance. A person applying for a weather modification operational permit shall file an
application with the boarddepartment, in such form as the board shall
prescribedepartment prescribes, which application shallmust be accompanied by an
application fee of twenty-five dollars and contain such information as the
boarddepartment, by rule, may require, and in addition, each applicant for a permit
shall:
a.Furnish proof of financial responsibility as provided by section 61-04.1-19.
b.Set forth a complete operational plan for the proposed operation which shallmust
include a specific statement of its nature and object, a map of the proposed
operating area which specifies the primary target area for the proposed operation
and shows the area that is reasonably expected to be affected by such operation,
a statement of the approximate time during which the operation is to be
conducted, a list of the materials and methods to be used in conducting the
operation, and such other detailed information as may be needed to describe the
operation.
2.The boarddepartment may issue the permit if it determines that:
a.The applicant holds a valid weather modification license issued under this
chapter.
b.The applicant has furnished satisfactory proof of financial responsibility in
accordance with section 61-04.1-19.
c.The applicant has paid the required application fee.
d.The operation:
(1)Is reasonably conceived to improve water quantity or quality, reduce loss
from weather hazards, provide economic benefits for the people of this
state, advance scientific knowledge, or otherwise carry out the purposes of
this chapter.
(2)Is designed to include adequate safeguards to minimize or avoid possible
damage to the public health, safety, welfare, or the environment.
(3)Will not adversely affect another operation for which a permit has been
issued.
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e.The applicant has North Dakota workforce safety and insurance coverage for all
employees working in this state.
f.The applicant has furnished a performance bond as required by section
61-04.1-34.
g.The applicant has complied with such other requirements for the issuance of
permits as may be required by the rules and regulations of the boarddepartment.
h.The applicant has furnished a bid bond.
i.The applicant has registered, with the North Dakota aeronautics commission, any
aircraft intended to be used in connection with the operation.
To carry out the objectives and purposes of this chapter, the boarddepartment may
condition and limit permits as to primary target areas, time of the operation, materials,
equipment, and methods to be used in conducting the operation, emergency shutdown
procedure, emergency assistance, and such other operational requirements as may
be established by the boarddepartment.
3.The board shalldepartment may issue only one permit at a time for operations in any
geographical area if two or more operations conducted in such an area according to
permit limitations might adversely interfere with one another.
4.All permit fees collected by the board shalldepartment must be paid into the general
fund of the state treasury.
SECTION 27. AMENDMENT. Section 61-04.1-17 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-17. Hearings.
The boarddepartment of water resources shall give public notice, in the official county
newspaper or newspapers in the area of the state reasonably expected to be affected by
operations conducted under a permit, that it is considering an application for such permit, and, if
objection to the issuance of the permit is received by the boarddepartment within twenty days,
the boarddepartment may hold a public hearing for the purpose of obtaining information from
the public concerning the effects of issuing the permit. The boarddepartment may also hold
such hearings upon its own motion.
SECTION 28. AMENDMENT. Section 61-04.1-18 of the North Dakota Century Code is
amended and reenacted as follows:
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61-04.1-18. Revocation, suspension, or modification of permit.
The boarddepartment of water resources may suspend or revoke a permit if it appears that
the permittee no longer has the qualifications necessary for the issuance of an original permit or
has violated any provision of this chapter, or any of the rules adopted under it.
The boarddepartment may revise the conditions and limits of a permit if:
1.The permittee is given notice and a reasonable opportunity for a hearing, to be held in
accordance with chapter 28-32.
2.It appears to the boarddepartment that a modification of the conditions and limits of a
permit is necessary to protect the public's health, safety, welfare, or the environment.
If it appears to the boarddepartment that an emergency situation exists or is impending which
could endanger the public's health, safety, welfare, or the environment, the boarddepartment
may, without prior notice or hearing, immediately modify the conditions or limits of a permit, or
order temporary suspension of a permit. The issuance of such an order shallmust include notice
of a hearing to be held within ten days thereafter on the question of permanently modifying the
conditions and limits or continuing the suspension of the permit. Failure to comply with an order
temporarily suspending an operation or modifying the conditions and limits of a permit shall beis
grounds for immediate revocation of the license and permit of the person controlling or engaged
in the operation.
SECTION 29. AMENDMENT. Section 61-04.1-19 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-19. Proof of financial responsibility.
Proof of financial responsibility is made by showing to the satisfaction of the
boarddepartment of water resources that the permittee has the ability to respond in damages to
liability which might reasonably result from the operation for which the permit is sought. Such
proofProof of financial responsibility may be shown by:
1.Presentation to the boarddepartment of proof of a prepaid noncancelable insurance
policy against such liability, in an amount approved by the boarddepartment.
2.Filing with the boarddepartment a corporate surety bond, cash, or negotiable
securities in an amount approved by the boarddepartment.
SECTION 30. AMENDMENT. Section 61-04.1-20 of the North Dakota Century Code is
amended and reenacted as follows:
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61-04.1-20. BoardDepartment of water resources may create operating districts -
Representation of noncontracting counties.
The boarddepartment of water resources may place any county or geographical region for
which a person contracts with the state for weather modification operations in any operational
district the boarddepartment determines necessary to best provide that county or geographical
region with the benefits of weather modification. In determining the boundaries of an operating
district, the boarddeparatment shall consider the patterns of crops within the state, climatic
patterns, and the limitations of aircraft and other technical equipment. The boarddepartment
may assign any county that has not created a weather modification authority under this chapter
to an operating district solely for the purpose of representation on the operations committee of
that district.
SECTION 31. AMENDMENT. Section 61-04.1-21 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-21. District operations advisory committees created - Duties.
1.There must be a district operations advisory committee in each operations district
created in accordance with section 61-04.1-20. Each committee must be composed of
one commissioner of the weather modification authority, if a weather modification
authority exists, from each county within the district; a representative of each person
contracting for a geographical region assigned to the district; and one member of the
board of county commissioners from each county assigned to the district. Each
advisory committee, upon majority vote, with the concurrence of the boarddepartment
of water resources, shall adopt rules and bylaws necessary to govern that committee's
procedures and meetings. Each committee shall evaluate weather modification
operations within that committee's district and make recommendations and proposals
to the boarddepartment concerning these operations.
2.The weather modification authority of any county authorized to contract for weather
modification operations under this chapter which is not assigned to an operations
district shall assume the functions of the district operations committee and may
exercise the powers and duties assigned to the operations committees by this chapter
and by the rules of the boarddepartment.
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SECTION 32. AMENDMENT. Section 61-04.1-33 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-33. Bids required - When.
WheneverIf the board shall undertake to contractdepartment of water resources contracts
with any licensed controller in an amount in excess of ten thousand dollars in any one year, the
boarddepartment shall advertise for proposals for such weather modification activities and, in its
proceedings with respect to bids therefor, shall substantially follow the manner and form
required by the laws of this state for the purchase of supplies by the office of management and
budget. The board shalldepartment may not enter into noa contract or agreement for weather
modification services except with a controller, holding the permit as required by this chapter,
except for the purpose of gathering technical information, and making studies or surveys.
SECTION 33. AMENDMENT. Section 61-04.1-34 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-34. Performance bond, cash, or negotiable securities required.
Before the board shall contractdepartment of water resources contracts with any controller,
itthe department shall require the controller to furnish a surety bond or cash or negotiable
securities for the faithful performance of the contract in such amount as determined by the
boarddepartment, conditioned that the licensee and the licensee's agents will in all respects
faithfully perform all weather modification contracts undertaken with the boarddepartment and
will comply with all provisions of this chapter and the contract entered into by the
boarddepartment and the licensee.
SECTION 34. AMENDMENT. Section 61-04.1-37 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-37. Liability of controller.
1.An operation conducted under the license and permit requirements of this chapter is
not an ultrahazardous or abnormally dangerous activity which makes the permittee
subject to liability without fault.
2.Dissemination of materials and substances into the atmosphere by a permittee acting
within the conditions and limits of the permittee's permit shalldo not constitute
trespass.
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3.Except as provided in this section and in section 61-04.1-36, nothing in this chapter
shalldoes not prevent any person adversely affected by a weather modification
operation from recovering damages resulting from negligent or intentionally harmful
conduct by a permittee.
4.The fact that a person holds a license or was issued a permit under this chapter, or
that the person has complied with the rules adopted by the board pursuant
todepartment of water resources under this chapter, is not admissible as a defense in
any legal action which may be brought against the person.
SECTION 35. AMENDMENT. Section 61-04.1-38 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-38. BoardDepartment of water resources may receive and expend funds.
1.The boarddepartment of water resources may receive and accept in the name of the
state any funds that are offered or become available from any federal grant or
appropriation, private gift, donation, or bequest, county funds, or funds from any other
source except license and permit fees, and to expend these funds for the expense of
administering this chapter, and, with the exception of county funds and funds from any
other person contracting with the boarddepartment for weather modification
operations, for the encouragement of research and development in weather
modification by any private person, the North Dakota state university, the university of
North Dakota, or any other appropriate state, county, or public agency in this state by
direct grant, contract, or other means.
2.All federal grants, federal appropriations, private gifts, donations, or bequests, county
funds, or funds from any other source except license and permit fees, received by the
boarddepartment must be paid over to the state treasurer, who shall credit this amount
to a special fund in the state treasury known as the state weather modification fundthe
water commission fund. All proceeds deposited by the state treasurer in the state
weather modificationwater commission fund are appropriated to the boarddepartment
and, if expended, must be disbursed by warrant-check prepared by the office of
management and budget upon vouchers submitted by the boarddepartment and must
be used for the purpose of paying for the expense of administration of this chapter
and, with the exception of county funds or funds from any other person contracting
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with the boarddepartment for weather modification operations, for the encouragement
of research and development in weather modification by any private person, the North
Dakota state university, the university of North Dakota, or any other appropriate state,
county, or public agency by direct grant, contract, or other means.
SECTION 36. AMENDMENT. Section 61-04.1-39 of the North Dakota Century Code is
amended and reenacted as follows:
61-04.1-39. Payment for weather modification - State to provide funds.
Any weather modification authority or person that contracted with the boarddepartment of
water resources for weather modification operations under this chapter shall appropriate to the
state weather modificationwater commission fund the amount determined by the
boarddepartment to be necessary to provide that weather modification authority or person with
weather modification operations. The boarddepartment may expend, from the state weather
modificationwater commission fund, the funds the boarddepartment deems necessary to
provide a contracting weather modification authority or person with weather modification
operations.
SECTION 37. AMENDMENT. Subdivision a of subsection 2 of section 65-02-03.1 of the
North Dakota Century Code is amended and reenacted as follows:
a.A departing member representing an employer must be replaced by a member
representing an employer, most of whose employees are in a different rate
classification than those of the employer represented by the departing member.
The governor shall appoint the member for an employer representative from a list
of three potential candidates submitted by a coordinating committee appointed by
the governor, composed ofan organization of business associations. The
organization shall accept qualified candidate recommendations received from
representatives from the associated general contractors of North Dakota, the
North Dakota petroleum council, the greater North Dakota chamber of
commerce, the North Dakota motor carriers association, the North Dakota
hospital association, the national federation of independent business, the lignite
energy council, and other statewide business interests.
SECTION 38. REPEAL. Chapter 8-11.1, sections 12-48-06.1, 15.1-37-05, 15.1-37-06, and
15.1-37-08, chapter 17-07, sections 19-24.1-38, 19.1-24.1-39, and 23-35-02.3, chapters 34-16
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31 Sixty-ninth
Legislative Assembly
and 43-35, sections 50-06-05.6, 50-06.4-10, 50-11.1-25, 50-11.1-26, 50-11.1-27, 52-02-07,
54-34.3-10, 54-54-10, 54-59-25, 54-59-33, 54-59-35, 54-59-38, 54-60-25, 61-04.1-04,
61-04.1-05, 61-04.1-06, 61-04.1-07, and 61-04.1-10, and chapter 61-36 of the North Dakota
Century Code are repealed.
SECTION 39. REPEAL. Sections 55-01-13 and 55-01-14 of the North Dakota Century
Code are repealed.
SECTION 40. EFFECTIVE DATE. Section 41 of this Act is effective December 31, 2026.
SECTION 41. EXPIRATION DATE. Section 12 of this Act is effective through December 1,
2026, and after that date is ineffective.
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