Signed by Governor Kelly Armstrong

Vote Smart's Synopsis:

Vote to pass a bill that amends the authority for large energy developments in North Dakota.

Highlights:

• Specifies a certificate of site compatibility for an electric energy conversion facility may not supersede or preempt any local land use, zoning, or building rules, regulations, or ordinances and a size may not be designated that violates local land use, zoning, or building rules, regulations, or ordinances (Sec. 1).

• Specifies except as provided in this section, a permit for the construction of an electric transmission facility within a designated corridor supersedes and preempts any local land use, or zoning regulations (Sec. 1).

• Requires that before an electric transmission facility is approved, the commission must comply with the road use agreements of the impacted political subdivision. Specifies that a permit may supersede and preempt the requirements of a political subdivision if the applicant shows by a preponderance of evidence that the rules and regulations are overly restrictive (Sec. 1).

• Specifies when an application for a certificate for an electric transmission facility is filed, the commission shall notify the townships with retained zoning authority, cities, and counties in which any part of the proposed corridor is located (Sec. 1).

• Specifies that the commission may not schedule a public hearing sooner than 45 days from the date notification is sent by mail or electronic mail (Sec. 1).

• Specifies that upon notification, a political subdivision shall provide a listing to the commission of all local requirements identified under this subsection (Sec. 1).

• Requires that the listing of requirements must be filed at least ten days before the hearing or the requirements are superseded and preempted (Sec. 1).

• Requires all applicants to comply with all local requirements provided by the commission under subdivision d (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the authority for large energy developments in North Dakota.

Highlights:

• Specifies a certificate of site compatibility for an electric energy conversion facility may not supersede or preempt any local land use, zoning, or building rules, regulations, or ordinances and a size may not be designated that violates local land use, zoning, or building rules, regulations, or ordinances (Sec. 1).

• Specifies except as provided in this section, a permit for the construction of an electric transmission facility within a designated corridor supersedes and preempts any local land use, or zoning regulations (Sec. 1).

• Requires that before an electric transmission facility is approved, the commission must comply with the road use agreements of the impacted political subdivision. Specifies that a permit may supersede and preempt the requirements of a political subdivision if the applicant shows by a preponderance of evidence that the rules and regulations are overly restrictive (Sec. 1).

• Specifies when an application for a certificate for an electric transmission facility is filed, the commission shall notify the townships with retained zoning authority, cities, and counties in which any part of the proposed corridor is located (Sec. 1).

• Specifies that the commission may not schedule a public hearing sooner than 45 days from the date notification is sent by mail or electronic mail (Sec. 1).

• Specifies that upon notification, a political subdivision shall provide a listing to the commission of all local requirements identified under this subsection (Sec. 1).

• Requires that the listing of requirements must be filed at least ten days before the hearing or the requirements are superseded and preempted (Sec. 1).

• Requires all applicants to comply with all local requirements provided by the commission under subdivision d (Sec. 1).

Full Bill Text