2009 Legislation
 
Below is a list of the House and Senate file numbers of each bill introduced during the 2009 session and a short summary of the effect of the bill. For more information about a particular bill, click on the bill number.
 
Senate Bills:
 
SB 2031: Property Tax Reduction for Wind. This bill extends the reduction of taxable value (from 3% to 1.5%) of a centrally assessed wind generation unity with a nameplate capacity of 100 kilowatts for more, from January 1, 2011 to January 1, 2015.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Set for hearing 1/27/09. Committee reports Do Pass (7-0) 1/29/09. Passed Senate (45-0) 1/30/09. Referred to House Finance & Taxation; set for hearing 2/25/09. Committee reports Do Pass (8-5) 3/3/09. Passed House (82-11) 3/4/09; returned to Senate. Signed by Governor 3/19/09.
   
SB 2032: Sales and Use Tax Exemption for Wind. Makes permanent the sales and use tax exemption for materials used in the construction or expansion of a wind generation facility.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Set for hearing 9 a.m., 1/27/09. Committee reports Do Pass as amended (7-0) 1/29/09. Passed Senate (45-0) 2/2/09. Sent to House. Referred to House Finance & Taxation; set for hearing 2/25/09. Committee reports Do Pass (9-4) 3/3/09. Passed House (87-6) 3/4-/09; returned to Senate. Signed by Governor 3/19/09.
 
SB 2033: Income Tax Credit for Renewable Energy. This bill extends the 15% income tax credit for installation of geothermal, solar, wind or other renewables, from an end date of January 1, 2011 to and end date of January 1, 2015. It also limits the sale of unused renewable credits.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Set for hearing 10:30 a.m., 1/27/09. Committee reports Do Pass as amended (7-0) 2/5/09. Passed SEnate (43-0) 2/10/09. Referred to House Finance & Taxation; set for hearing 2/25/09. Committee reports Do Pass as amended (11-0) 3/5/09. Passed House (89-1) 3/9/09. Senate concurred with House amendments (45-0) 3/17/09. Signed by Governor 3/19/09.
 
SB 2034: Tax Exemption of Using CO2 for Oil Extraction. Extends the oil extraction tax exemption from 10 years from the date of incremental production to an unlimited duration.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Committee hearing set for 11 a.m., 1/20/09. Committee reports Do Pass (7-0) 2/11/09. Passed Senate (44-0) 2/13/09. Referred to House Natural Resources; set for hearing 2/27/09. Committee reports Do Pass (10-0) 2/27/09. Sent to House floor. Passed House (94-0) 3/2/09. Signed by Governor 4/8/09.
   
SB 2035: Coal Conversion Tax Exemption for Beneficiated Coal. A power plant using beneficiated coal will receive sales, use, and severance tax exemptions on the coal purchased for coal beneficiation that is used in agricultural commodity processing.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Committee hearing 10 a.m., 1/13/09. Committee recommends Do Pass (7-0) 1/27/09; referred to Senate floor. Senate Passes (46-0) 1/29/09. Referred to House Finance & Taxation; set for hearing 2/25/09. Committee recommends Do Pass as amended (10-0) 3/13/09. Passed House (92-0) 3/17/09. Senate concurred with House amendments (47-0) 4/14/09. Signed by Governor 4/21/09.
   
SB 2036: Coal Conversion Tax Exemption. Extends the coal conversion tax exemption for repowering plants to generation facilities using beneficiated coal.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Finance & Taxation. Committee hearing 11 a.m., 1/13/09. Committee recommends Do Pass (7-0) 1/21/09. Senate passes (45-0) 1/22/09; referred to House. Referred to House Natural Resources; set for hearing 2/26/09. Committee reports Do Pass (9-0) 2/26/09. Passed House (87-0) 2/27/09. Signed by Speaker 3/3/09. Signed by Governor 4/8/09
 
SB 2060: A bill to allow utility infrastructure to be eligible under the North Dakota renaissance zone laws/incentives.
Status: Introduced and referred to Industry, Business & Labor. Set for hearing 9 am 1/13/09. Committee hearing re-set for 9 a.m., 1/21/09. Committee recommends Do Pass as amended (7-0) 1/21/09. Passed Senate (46-0) 1/26/09; referred to House. Referred to House Finance & Taxation. Set for hearing 3/2/09. Committee recommends Do Pass (7-6) 3/17/09. Passed House (58-34) 4/6/09. Senate refused to concur with House amendments; Senate appointed Senators Potter, Andrist and Nodland to conference committee 4/10/09. House appoints Representatives Froseth, Grande and S. Kelsh to conference committee 4/15/09. Conference Committee report 4/22/09; placed on calendar (Senate accede). Senate adopts conference report (46-0) 4/23/09. Signed by Governor 4/30/09.
   
SB 2095: A bill giving the Industrial Commission authority to permit, inspect, implement rules, and enforce the geological storing of carbon dioxide.
Status: Referred to Natural Resources; hearing 9 a.m. 1/16/09. Committee reports Do Pass as amended (7-0) 2/2/09. Passed Senate (47-0) 2/4/09. Referred to House Natural Resources; set for hearing 2/26/09. Committee reports Do Pass (11-0) 3/4/09. Passed House (92-1) 3/11/09. Signed by Governor 4/8/09.
   
SB 2129: Expanding the state biomass incentive program to include demonstrations on the commercial feasibility of producing, harvesting, and delivering biomass feedstock.
Status: Referred to Agriculture; hearing 9 am 1/16/09. Committee recommends Do Pass as amended (6-0) 1/22/09; re-referred to Appropriations. Committee hearing 10 a.m. 1/28/09. Recalled from committee by Senate. Senate passed (44-3) 1/27/09. Referred to House Agriculture. Hearing set for 3/12/09. Committee recommends Do Pass as amended (12-0) 3/17/09. Passed House (79-4) 3/20/09. Senate concurred with House amendments (44-2) 4/16/09. Signed by Governor 4/22/09.
   
SB 2137: A bill expanding the powers of the Public Service Commission to distribute money deposited with any application (not just rate cases) to pay expenses incurred in the processing of the case. It sets forth the application fees for rate cases, environmental cost adjustments to rates, transmission cost adjustments, and advance determination of prudence.
Status: Referred to Natural Resources; committee hearing 9:45 am 1/8/09. Committee reported to Pass as Amended (7-0) 1/12/09. Passed Senate 1/14/09 (46-0). Referred to House Natural Resources; hearing set for 2/27/09. Committee reports Do Pass (9-0) 2/27/09. Sent to House floor. Passed House (94-0) 3/2/09. Signed by Governor 4/8/09.
 
SB 2139: A bill prohibiting pore space from being severed from the land.
Status: Referred to Natural Resources. Committee hearing 9 am 1/16/09. Committee reports Do Pass as amended (7-0) 2/2/09. Passed Senate (47-0) 2/4/09; emergency clause carried. Referred to House Natural Resources; set for hearing 2/26/09. Committee reports Do Pass, as amended (11-0) 2/27/09. Passed House as amended (93-0) 3/11/09. Senate concurred with House amendments (46-0) 3/23/09. Signed by Governor 4/8/09.
 
SB 2221: A bill to allow a 20% credit against state privilege taxes on any coal conversion facility that captures/reduces its CO2 by 20%.
Status: Introduced; referred to Finance & Taxation 1/14/09. Committee hearing 9:45 a.m., 1/28/09. Committee reports Do Pass as amended (7-0) 2/5/09. Re-referred to Appropriations Committee; Appropriations recommends Do Pass (13-0) 2/11/09. Re-referred back to Appropriations 2/13/09. Appropriations recommends Do Pass as amended (13-0) 2/16/09. Passed Senate (45-1) 2/18/09. Referred to House Finance & Taxation. Set for hearing 3/10/09. Re-referred to Appropriations 3/11/09. Committee reports Do Pass (22-0) 4/10/09. Passed House (93-0) 4/13/09. Signed by Governor 4/22/09.
  
SB 2245: Voiding wind easements if construction of a tower has not taken place in five years.
Status: Introduced 1/19/09; referred to Natural Resources. Committee hearing 9:30 a.m. 1/30/09. Committee recommends Do Pass (6-0) 2/16/09. Passed Senate (45-1) 2/18/09. Referred to House Natural Resources; hearing set 3/5/09. Committee reports Do Pass (12-0) 3/9/09. Passed House (93-0) 3/11/09. Signed by Governor 4/8/09.
   
SB 2273: http:// Increasing the public bidding threshold.
Status: Introduced 1/19/09; referred to Government and Veterans Affairs. Withdrawn from consideration.
 
SB 2275: http:// Prohibiting elected officials from appearing in public service announcements.
Status: Introduced 1/19/09; referred to Judiciary. Committee hearing 10:30 a.m. 1/28/09. Committee reported back without recommendation (6-0) 2/17-09. Senate adopted amendment; Failed to pass Senate (23-23) 2/18/09. Motion to reconsider laid on table. 
 
SB 2297: http:// A bill relating to the assessment and imposition of taxes against RECs.
Status: Introduced 1/28/09; referred to Finance & Taxation. Committee hearing 9 a.m. 1/28/09. Committee recommends Do Pass as amended (6-0) 2/12/09. Passed Senate (47-0) 2/16/09. Referred to House Finance & Taxation. Set for hearing 3/10/09. Committee recommends Do Pass (10-1) 3/17/09. Passed House (90-0) 3/19/09. Signed by Governor 4/9/09.
 
SB 2376:  A bill to allow the Transmission Authority to issue bonds to replenish reserves.
Status: Introduced 1/26/09; referred to Natural Resources. Set for hearing 9:45 a.m., 2/5/09. Committee reports Do Pass as amended (7-0) 2/6/09. Passed Senate (46-0) 2/11/09. Referred to House Natural Resources. Hearing set for 3/5/09. Committee reports Do Pass (12-1) 3/9/09. Passed House (93-0) 3/11/09. Signed by Governor 3/19/09.
 
SB 2401:  Raising the threshold for public bidding.
Status: Introduced 1/26/09; referred to Political Subdivisions. Set for hearing 2/5/09. Committee recommends Do Pass as amended (6-0) 2/6/09. Passed Senate (47-0) 2/12/09. Referred to House Political Subdivisions. Set for hearing 3/12/09. Committee reports Do Pass as amended (12-0) 3/20/09. Passed House (85-2) 4/1/09. Senate refused to concur with House amendments; Senate appointed Senators Olafson, J. Lee, and Bakke to conference committee 4/10/09. House appoints Representatives Headland, N. Johnson, and Mock to conference committee. Conference Committee report 4/22/09; placed on calendar (House accede). Senate adopts Conference committee report. House adopts committee report (83-9) 4/23/09. Signed by Governor 4/30/09.
 
SB 2413: Sales and use tax exemption for equipment to generate electricity from waste heat or flared gas.
Status: Introduced 1/26/09; referred to Finance & Taxation. Set for hearing 10:15 a.m., 2/5/09. Committee recommends Do Pass (7-0) 2/6/09. Passed Senate (46-0) 2/11/09. Referred to House Finance & Taxation. Hearing set for 3/4/09. Committee recommends Do Pass as amended (12-0) 3/13/09. Passed House (93-0) 3/18/09. Senate concurred with House amendments (46-0) 4/14/09. Signed by Governor 4/22/09.
 
SB 2443: A delayed bill regarding relocation of electric facilities due to implementation of the American Recovery & Reinvestment Act of 2009 (federal stimulus act).
Status: Introduced 3/24/09; referred to Judiciary. Set for hearing 3/30/09. Re-set for hearing 4/6/09. Committee reports Do Pass as amended (6-0) 4/7/09. Senate passed (47-0); referred to House Political Subdivisions 4/9/09. Set for hearing 4/13/09. Committee reports Do Pass as amended (10-1) 4/17/09. Passed Senate (44-0) 4/22/09. Signed by Governor 4/24/09.

  
House Bills:
 
HB 1032: Pertaining primarily to pipelines, a bill to expand the definition of “construction” in transmission and pipeline siting processes to include land on which is located an energy conversion facility or transmission facility construction before April 9, 1975. This subjects these types of projects to the provisions of chapter 40-22 of the North Dakota Century Code pertaining to filing applications for construction, siting and routing of transmission.
Status: Introduced 1/6/09; referred to Natural Resources. Committee hearing 11 a.m. 1/9/09. Committee recommends Do Pass as amended (12-0) 1/30/09. Passed House (94-0) 2/5/09. Referred to Senate Natural Resources; hearing set for 3/6/09. Committee reports Do Pass (7-0) 4/3/09. Passed Senate (46-0) 4/10/09. Signed by Governor 4/21/09.
 
HB 1033: A bill to reduce the time allowed for the Public Service Commission to designate the route for a new transmission facility from 6 months to 3 months, after receiving the routing application.
Status: Pre-filed bill from Energy Development and Transmission Committee. Referred to Natural Resources Committee. Committee hearing 11 a.m., 1/16/09. Committee reports Do NOT Pass (9-0) 1/23/09. Failed House (71-23) 1/27/09. 
 
HB 1048: Mutual Aid. Requires the Department of Emergency Services to prepare guidelines and model intrastate mutual aid agreements for political subdivisions.
Status: Pre-filed bill from Public Safety Committee. Referred to Political Subidivisons. Committee hearing 1/9/09 at 9 a.m. Committee recommends Do Pass as amended (10-3) 1/27/09. Passed House (83-1) 1/30/09. Referred to Senate Political Subdivisions; set for hearing 2/27/09. Committee reports Do Pass (6-0) 3/4/09. Passed Senate (47-0) 3/9/09. Signed by Governor 4/8/09.
 
HB 1104: A bill exempting certain records in possession of a public entity from the open records laws of section 44-04-18. Those records include records containing information on liability reserves of a risk management fund; and incident reports, investigations or other risk management fund records of a pending case.
Status: Introduced 1/6/09; referred to Judiciary. Committee recommends Do Pass (13-0) 1/13/09. House passes (93-1) on 1/14/09. Sent to Senate. Referred to Senate Judiciary; set for hearing 2/17/09. Committee reports Do Pass (6-0) 2/26/09. Passed Senate (46-0) 2/27/09. Signed by Governor 3/5/09.
 
HB 1220: A bill to exempt from the definition of “meeting” emergency operations conducted by a governing body during a disaster or emergency declared.
Status: Introduced 1/8/08; referred to Judiciary. Committee hearing set for 9:45 a.m., 1/20/09. Committee reports Do Pass as amended (12-0) 1/21/09. Passed House (87-0) 1/22/09. Referred to Senate Government & Veterans Affairs. Hearing set for 3/6/09. Committee reports Do Pass (5-0) 3/9/09. Passed Senate (45-1) 3/10/09. Signed by Governor 3/19/09.
 
HB 1254: A bill to prohibit a political subdivision from spending funds to oppose or support a statewide initiated measure or any ballot measure.
Status: Introduced 1/9/09; referred to Political Subdivisions. House request return from committee 1/19/09. Withdrawn from further consideration.
   
HB 1277: Allowing an income tax credit for geothermal energy devices.
Status: Introduced 1/9/09; referred to Finance & Taxation. Committee hearing set for 11 a.m., 1/20/09. Committee recommends Do NOT Pass (7-6) 1/27/09. Failed to pass House (46-39) 1/30/09.
 
HB 1283: Stating that a chance meeting or social gathering does NOT constitute a public meeting that governing officials need to give notice or otherwise apply open meeting regulations.
Status: Introduced 1/12/09; referred to Judiciary. Set for hearing 9 a.m., 2/2/09. Committee reports Do NOT Pass (12-1) 2/3/09. Fails House (71-21) 2/6/09.
 
HB 1285: Stating that a state officer or employee may NOT participate in any portion of a national, regional or state association meeting (that the state pays the dues for) if that meeting, or any portion of it, is closed to the public or all attendees, and if that meeting would be considered an open meeting under ND law.
Status: Introduced 1/12/09; referred to Judiciary. Committee reports Do NOT Pass (12-1) 2/3/09. Fails House (76-16) 2/6/09.
 
HB 1322: A bill to create an energy policy commission to study taxation of energy industries, including the use and effectiveness of tax incentives to promote energy development, and the possibility of a wind generation tax.
Status: Introduced 1/12/09; referred to Natural Resources.  Committee hearing 10 a.m., 1/30/09. Committee recommends Do Pass as amended (13-0) 2/6/09. Re-referred to Natural Resources 2/10/09. Committee recommends Do Pass as amended (12-0) 2/13/09. Passed House (92-0) 2/16/09. Referred to Senate Natural Resources. Set for hearing 3/5/09. Committee reports Do Pass as amended (6-0) 3/10/09. Re-referred to Appropriations. Request return from committee. Passed Senate (47-0) 3/12/09. House refused to concur with Senate amendments; House appoints Representatives Damschen, Keiser, and S. Kelsh to conference committee 4/10/09. Senate appoints Senators Lyson, Erbele and Pomeroy to conference committee 4/14/09. Conference Committee meets 4/16/09. Conference committee reports back (Senate recede); House and Senate adopt conference committee report 4/17/09. Senate passes conference committee report (46-0) 4/21/09. Signed by Governor 4/24/09.
 
HB 1347: A bill to prohibit using resources of a political subdivision to support or oppose a statewide initiated or referred measure, or a constitutional measure or amendment.
Status: Introduced 1/12/09; referred to Judiciary. Committee hearing 8 a.m., 1/26/09. Set for additional hearing 2/2/09. Amended to included that public revenue cannot be spent on political subdivision ballot measures as well as statewide. Committee recommmends Do Pass (8-5) 2/10/09. Passed House (64-27) 2/13/09. Referred to Judiciary. Set for hearing 3/9/09. Committee recommends Do Pass as amended (5-0) (amended as an interim study) 4/2/09. Passed Senate as amended (45-0) 4/3/09. House refused to concur with Senate amendments; House appoints Representatives Koppelman, Boehning and Zaiser to conference committee 4/10/09. Senate appoints Senators Lyson, Nething and Schneider to conference committee 4/14/09. House adopts conference committee report (60-32) 4/28/09. Senate rejects conference committee report (41-5) 4/28/09. 
 
HB 1352: To create a new code chapter on energy policy—declaring that it is state policy to: develop a balanced approach to encourage growth of renewable and fossil-fuel generation, promote research into energy technology; to oppose state energy mandates; encourage transmission development, encourage lignite development, and encourage energy job development.
Status: Introduced 1/12/09; referred to Natural Resources. Committee hearing 3 p.m., 1/29/09. Committee recommends Do NOT Pass (12-0) 2/6/09. Failed to Pass House (1-92) 2/10/09.
 
HB 1353: Requiring political subdivisions planning projects that would require moving utility facilities to: meet with the utility to design a plan, use its best efforts to eliminate cost to the utility, and assist in receiving federal aid for relocation due to a highway extension. Failure to provide proper notice to the utility will result in the political subdivision taking on the entire cost of the utility facility relocation.
Status: Introduced 1/12/09; referred to Political Subdivisions. Set for hearing 8:30 a.m., 2/6/09. Committee hearing set for 8:30 a.m., 2/6/09. Committee reports Do Pass as amended (12-0) 2/16/09. Passed House (94-0) 2/18/09. Referred to Senate Industry, Business & Labor. Set for hearing 3/9/09. Committee reports Do Pass (7-0) 3/11/09. Passed Senate (47-0) 3/12/09. Signed by Governor 3/24/09.
  
HB 1384: Providing that there is not private right of action unless the statute uses express language that provides for such a right.
Status: Introduced 1/12/09; referred to Judiciary. Committee hearing 9 a.m., 1/27/09. Committee reports Do NOT Pass (8-4) 2/5/09. Failed House (73-19) 2/10/09.
 
HB 1406: A bill to appropriate funding for a full time employee at the Department of Commerce for the marketing of private wind turbines.
Status: Introduced 1/12/09; referred to Appropriations. Committee hearing 10:30 a.m. 1/19/09. Committee reports Do NOT Pass (15-8) 1/21/09. House Fails to pass (61-28) 1/23/09.
 
HB 1426: Requiring that the owner of a wind turbine shall apply to the Public Service Commission and receive approval that the proposed wind device(s) is at least 5 rotor diameters from the perimeter of the site as to prevailing winds & 2 rotor diameters from non-prevailing winds. Provides exemptions if approved by PSC under certain circumstances.
Status: Introduced 1/15/09; referred to Natural Resources. Committee hearing set for 8:30 a.m., 2/12/09. Committee reports Do Pass as amended (8-5) 2/13/09. Failed House (47-45) 2/16/09. Motion to reconsider failed 2/17/09.

HB 1509: Originally a bill to require the PSC to consider opening a docket on the behavior of wind developers in approaching the public to negotiate contracts, the bill was radically amended by committee to require that all documents pertaining to a wind easement be filed, including financial information and it forbids confidentiality agreements between developers and landowners.
Status: Introduced 1/19/09; referred to Natural Resources. Committee amended bill significantly. Committee recommends Do Pass as amended (12-0) 2/13/09. Passed House (91-0) 2/16/09. Referred to Senate Natural Resources. Set for hearing 3/13/09. Committee reports Do Pass as amended (5-2) 4/3/09. Amended by Senate and passed (32-14) 4/7/09. House refused to concur with Senate. House appoints Representatives DeKrey, Damschen and S. Kelsh to conference committee 4/14/09. Senate appoints Senators Hogue, Erbele, and Schneider to conference committee 4/16/09. Conference committee report adopted by House (86-5) 4/29/09. House adopts Conference Report (41-6) 4/30/09.

HB 1531: A bill to add a surcharge to any transmission lines that provide electricity to any state that imposes environmental restrictions affecting out-of-state coal-fired facilities.
Status: Introduced 1/19/09; referred to Finance and Taxation. Committee recommends Do NOT Pass (11-1). Failed House (88-4) 2/6/09. 
  

HCR 3034: A resolution encouraging Congress to enact federal legislation to protect railroad shippers.
Status: Introduced 1/29/09; referred to Transportation. Committee reports Do NOT Pass (10-3) 2/14/09. Failed House 2/18/09.