25.1343.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Patten, Kessel, Boehm
Representatives Novak, Porter
A BILL for an Act to amend and reenact sections 49-02-26 and 49-02-34 of the North Dakota
Century Code, relating to qualifications for renewable electricity and recycled energy credits and
public reporting requirement; and to repeal sections 49-02-28, 49-02-29, 49-02-30, 49-02-31,
49-02-32, and 49-02-33 of the North Dakota Century Code, relating to the state renewable and
recycled energy objectives, qualifications and applications to the statewide objectives, the
purchase and retirement of renewable energy certificates to meet the objectives, verification of
generation and the purchase of certificates, and economic evaluations on the use of renewable
and recycled energy.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 49-02-26 of the North Dakota Century Code is
amended and reenacted as follows:
49-02-26. Qualifying for renewable electricity and recycled energy credits - Exception
for certain hydroelectric facilities.
Except as otherwise provided in this section, forFor purposes of qualifying for renewable
electricity and recycled energy credits, electricity must be generated from a source identified in
section 49-02-25. For electricity generated from hydroelectric facilities, the hydroelectric facility
must have an inservice date of January 1, 2007, or later, or be new hydroelectric generation
obtained from repowering or efficiency improvements to hydroelectric facilities existing on
August 1, 2007.
SECTION 2. AMENDMENT. Section 49-02-34 of the North Dakota Century Code is
amended and reenacted as follows:
Page No. 1 25.1343.01000
SENATE BILL NO. 2359
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21 Sixty-ninth
Legislative Assembly
49-02-34. Public reporting on progress toward meeting the renewable energy and
recycled energy objective.
Commencing on June 30, 2009, retail providers shall report annually on the provider's
previous calendar year's energy sales. This report must include information regarding qualifying
electricity delivered and renewable energy and recycled energy certificates purchased and
retired as a percentage of annual retail sales and a brief narrative report that describes steps
taken to meet the objective over time and identifies any challenges or barriers encountered in
meeting the objective. Retail providers shall report annually to the public service commission,
which regarding the provider's previous calendar year energy sales. The commission shall
make data and narrative reports publicly available and accessible electronically on the internet.
Distribution cooperatives may aggregate their reporting through generation and transmission
cooperatives and municipal utilities may aggregate their reporting through a municipal power
agency.
SECTION 3. REPEAL. Sections 49-02-28, 49-02-29, 49-02-30, 49-02-31, 49-02-32, and
49-02-33 of the North Dakota Century Code are repealed.
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