23.8084.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1097
of North Dakota
Introduced by
Energy and Natural Resources Committee
(At the request of the Public Service Commission)
1 A BILL for an Act to create and enact subsection 15 of section 49-22-03 and section 49-22-16.5,
2 of the North Dakota Century Code, relating to the definition of utility-scale energy storage and
3 route adjustments for electric transmission lines; and to amend and reenact subsection 5 of
4 section 49-22-03, subsection 4 of section 49-22-13, subsection 4 of section 49-22-22,
5 subsections 6 and 7 of section 49-22.1-01, subsection 4 of section 49-22.1-10, and
6 subsection 4 of section 49-22.1-21 of the North Dakota Century Code, relating to the definition
7 of electric energy conversion facility, the publication of notices of public hearings, payment of an
8 administrative fee, adding hydrogen to definitions, the publication of a public hearing, and the
9 payment of an administrative fee.
10 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11 SECTION 1. AMENDMENT. Subsection 5 of section 49-22-03 of the North Dakota Century
12 Code is amended and reenacted as follows:
13 5. "Electric energy conversion facility" means a plant, addition, or combination of plant
14 and addition, designed for or capable of:
15 a. Generation by wind energy conversion exceeding one-half megawatt of
16 electricity; or
17 b. Generation by any means other than wind energy conversion exceeding fifty
18 megawatts of electricity; or
19 c. Utility-scale energy storage.
20 SECTION 2. Subsection 15 of section 49-22-03 of the North Dakota Century Code is
21 created and enacted as follows:
22 15. "Utility-scale energy storage" means a plant, addition, or combination of plant and
23 addition, designed for operation as a grid resource and capable of five megawatts or
24 more of rated power capacity.
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1 SECTION 3. AMENDMENT. Subsection 4 of section 49-22-13 of the North Dakota Century
2 Code is amended and reenacted as follows:
3 4. Notice of a public hearing shallmust be given by the commission by service on such
4 persons and agencies that the commission may deem appropriate and twice by
5 publication, once at least twenty days prior to such hearing and a second time within
6 twenty days prior to such at a reasonable interval before the hearing. Notice of a
7 public hearing and notice of opportunity for a public hearing on an application for a
8 certificate, a permit, a transfer or amendment of a certificate or permit, or a waiver
9 shall be given at the expense of the applicant. In an emergency the commission, in its
10 discretion, may notice a hearing upon less than twenty days.
11 SECTION 4. Section 49-22-16.5 of the North Dakota Century Code is created and enacted
12 as follows:
13 49-22-16.5. Route adjustment before or during construction for an electric
14 transmission line.
15 1. Before or during construction, a utility, without any action by the commission, may
16 adjust the route of an electric transmission line within the designated corridor if, before
17 conducting any construction activities associated with the adjustment, the utility files
18 with the commission certification and supporting documentation that:
19 a. The construction activities will be within the designated corridor;
20 b. The construction activities will not affect any known exclusion or avoidance areas
21 within the designated corridor; and
22 c. The utility will comply with the commission's order, laws, and rules designating
23 the corridor and designating the route.
24 2. Before or during construction, a utility may adjust the route of an electric transmission
25 line within the designated corridor which may affect an avoidance area if, before
26 conducting any construction activities associated with the adjustment, the utility:
27 a. Files with the commission certification and supporting documentation that:
28 (1) The construction activities are within the designated corridor;
29 (2) The construction activities will not affect any known exclusion areas within
30 the designated corridor;
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1 (3) The construction activities are expected to impact an avoidance area with a
2 specific description of the avoidance area expected to be impacted;
3 (4) Each owner of real property on which the adjustment is to be located and
4 any applicable governmental entity with an interest in the same adjustment
5 area do not oppose the adjustment, unless the utility previously received
6 authorization from the commission for the impact to the avoidance area;
7 (5) For an impact for which the utility does not already have approval or has not
8 filed the approval in paragraph 4, the utility has good cause and a specific
9 reason to impact the avoidance area, and a reasonable alternative does not
10 exist; and
11 (6) The utility will comply with the commission's order, laws, and rules
12 designating the corridor and designating the route.
13 b. Receives the commission's written authorization that the utility may impact the
14 avoidance area. If the commission does not authorize the impact to the
15 avoidance area, the utility must obtain siting authority for the affected portion of
16 the route adjustment. If the commission fails to act within ten working days of
17 receipt of the utility's filing of the certification and supporting documentation under
18 subdivision a of subsection 2, the route adjustment is deemed approved.
19 3. Before or during construction, a utility, without any action by the commission, may
20 adjust the route of an electric transmission line outside the designated corridor if,
21 before conducting any construction activities associated with the adjustment, the
22 utility:
23 a. Files with the commission certification and supporting documentation that:
24 (1) The construction activities will not affect any known exclusion or avoidance
25 areas;
26 (2) The route outside the corridor is no longer than one and one-half miles
27 [2.41 kilometers];
28 (3) The utility will comply with the commission's orders, laws, and rules
29 designating the corridor and designating the route; and
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1 (4) Each owner of real property on which the adjustment is to be located and
2 any applicable governmental entity with an interest in the same adjustment
3 area do not oppose the adjustment.
4 b. Files detailed field studies indicating exclusion and avoidance areas for an area
5 encompassing the route outside the designated corridor equal to the length of the
6 adjustment of the proposed corridor.
7 4. Before or during construction, a utility may adjust the electric transmission line outside
8 the designated corridor that may affect an avoidance area if, before conducting any
9 construction activities associated with the adjustment, the utility:
10 a. Files with the commission certification and supporting documentation that:
11 (1) The construction activities will not affect any known exclusion areas;
12 (2) The construction activities are expected to impact an avoidance area with a
13 specific description of the avoidance area expected to be impacted;
14 (3) The utility has good cause and a specific reason to impact the avoidance
15 area, and a reasonable alternative does not exist;
16 (4) The route outside the corridor is no longer than one and one-half miles
17 [2.41 kilometers];
18 (5) The utility will comply with the commission's orders, laws, and rules
19 designating the corridor and designating the route; and
20 (6) Each owner of real property on which the adjustment is to be located and
21 any applicable governmental entity with an interest in the same adjustment
22 area do not oppose the adjustment.
23 b. Files detailed field studies indicating exclusion and avoidance areas for an area
24 encompassing the route outside the designated corridor equal to the length of the
25 adjustment of the proposed corridor.
26 c. Receives the commission's written authorization that the utility may impact the
27 avoidance area. If the commission does not authorize the impact to the
28 avoidance area, the utility must obtain siting authority for the affected portion of
29 the route adjustment. If the commission fails to act within ten working days of
30 receipt of the utility's filing of the certification and supporting documentation under
31 subdivisions a and b of subsection 4, the route adjustment is deemed approved.
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1 5. The commission is not required to hold a public hearing or publish a notice of
2 opportunity for a public hearing for any route adjustment under this section.
3 SECTION 5. AMENDMENT. Subsection 4 of section 49-22-22 of the North Dakota Century
4 Code is amended and reenacted as follows:
5 4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility
6 and route permit, and transfer of a certificate or permit under this chapter shall pay to
7 the commission an administrative fee equal to one hundred dollars for each
8 one million dollars of original investment, not to exceed twenty-five thousand dollars.
9 The administrative fee must be deposited in the public service commission program
10 fund.
11 SECTION 6. AMENDMENT. Subsections 6 and 7 of section 49-22.1-01 of the North Dakota
12 Century Code are amended and reenacted as follows:
13 6. "Gas or liquid energy conversion facility" means any plant, addition, or combination of
14 plant and addition, designed for or capable of:
15 a. Manufacture or refinement of one hundred million cubic feet [2831684.66 cubic
16 meters] or more of gas or hydrogen per day, regardless of the end use of the gas;
17 b. Manufacture or refinement of fifty thousand barrels [7949.36 cubic meters] or
18 more of liquid hydrocarbon products per day; or
19 c. Enrichment of uranium minerals.
20 7. "Gas or liquid transmission facility" means any of the following:
21 a. A gas or liquid transmission line and associated facilities designed for or capable
22 of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products,
23 hydrogen, or carbon dioxide. This subdivision does not apply to:
24 (1) An oil or gas pipeline gathering system;
25 (2) A natural gas distribution system;
26 (3) Carbon dioxide storage facility underground equipment, including a flow
27 line, subject to chapter 38-22;
28 (4) A pipeline with an outside diameter of four and one-half inches
29 [11.43 centimeters] or less which will not be trenched and will be plowed in
30 with a power mechanism having a vertical knife or horizontally directionally
31 drilled, and its associated facilities; or
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1 (5) A pipeline that is less than one mile [1.61 kilometers] long. For purposes of
2 this chapter, a gathering system includes the pipelines and associated
3 facilities used to collect oil from the lease site to the first pipeline storage
4 site where pressure is increased for further transport, or pipelines and
5 associated facilities used to collect gas from the well to the gas processing
6 facility at which end-use consumer-quality gas is produced, with or without
7 the addition of odorant.
8 b. A liquid transmission line and associated facilities designed for or capable of
9 transporting water from or to an energy conversion facility.
10 SECTION 7. AMENDMENT. Subsection 4 of section 49-22.1-10 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 4. Notice of a public hearing must be given by the commission by service on those
13 persons the commission deems appropriate and twice by publication, once at least
14 twenty days before the hearing and a second time within twenty daysat a reasonable
15 interval before the hearing. Notice of a public hearing and notice of opportunity for a
16 public hearing on an application for a certificate, a permit, a transfer or amendment of
17 a certificate or permit, or a waiver must be given at the expense of the applicant. In an
18 emergency the commission may notice a hearing upon less than twenty days.
19 SECTION 8. AMENDMENT. Subsection 4 of section 49-22.1-21 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility
22 and route permit, and transfer of a certificate or permit under this chapter shall pay to
23 the commission an administrative fee equal to one hundred dollars for each
24 one million dollars of original investment, not to exceed twenty-five thousand dollars.
25 The administrative fee must be deposited into the public service commission program
26 fund.
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Statutes affected: INTRODUCED: 49-22-03, 49-22-13, 49-22-22, 49-22.1-10, 49-22.1-21
Adopted by the Senate Energy and Natural Resources Committee: 49-22-22
Enrollment: 49-22-03, 49-22-13, 49-22-22, 49-22.1-10, 49-22.1-21
PREFILED: 49-22-03, 49-22-13, 49-22-22, 49-22.1-10, 49-22.1-21