23.0939.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2264
of North Dakota
Introduced by
Senators Kannianen, Boehm, Rust
Representatives B. Anderson, Fegley, Longmuir
1 A BILL for an Act to amend and reenact sections 49-22-08.1, 49-22.1-06, and 49-22.1-07 of the
2 North Dakota Century Code, relating to notification to landowners.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 49-22-08.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 49-22-08.1. Application for a permit - Notice of filing - Amendment - Designation of a
7 route.
8 1. An application for a route permit for an electric transmission facility within a designated
9 corridor must be filed no later than two years after the issuance of the certificate and
10 must be in such form as the commission may prescribe, containing the following
11 information:
12 a. A description of the type, size, and design of the proposed facility.
13 b. A description of the location of the proposed facility.
14 c. An evaluation of the proposed route with regard to the applicable considerations
15 set out in section 49-22-09 and the criteria established pursuant to section
16 49-22-05.1.
17 d. A description of mitigative measures that will be taken to minimize all foreseen
18 adverse impacts resulting from the location, construction, and operation of the
19 proposed facility.
20 e. A description of the right-of-way preparation and construction and reclamation
21 procedures.
22 f. A statement setting forth the manner in which:
23 (1) The utility will inform affected landowners of easement acquisition, and
24 necessary easement conditions and restrictions.
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1 (2) The utility will compensate landowners for easements, without reference to
2 the actual consideration to be paid.
3 g. Such other information as the utility may consider relevant or the commission
4 may require.
5 2. After determining that the application is complete, the commission shall serve a notice
6 of filing of the application on such persons and agencies that the commission may
7 deem appropriate and shall publish a notice of filing of the application in the official
8 newspaper of each county in which any portion of the designated corridor is located.
9 3. A copy of the application shall be furnished to any person or agency, upon request to
10 the commission within thirty days of either service or publication of the notice of filing.
11 4. Within thirty days following service of the notice of filing of a complete application by
12 the commission, the applicant shall provide a copy of the commission's notice of filing
13 of the application by first-class mail to the owner of record of any land located within
14 the requested corridor. For purposes of this subsection, the owner of record means the
15 owner identified by the county treasurer to receive the real estate tax statement.
16 5. An application for an amendment of a permit shall be in such form and contain such
17 information as the commission shall prescribe.
18 5.6. The commission shall designate a route for the construction of an electric transmission
19 facility following the study and hearings provided for in this chapter. This designation
20 shall be made in accordance with the evidence presented at the hearings, an
21 evaluation of the information provided in the application, the criteria established
22 pursuant to section 49-22-05.1, and the considerations set out in section 49-22-09 in a
23 finding with reasons for the designation, and shall be made in a timely manner no later
24 than six months after the filing of a completed application. The time for designation of
25 a route may be extended by the commission for just cause. The failure of the
26 commission to act within the time limit provided in this section shall not operate to
27 divest the commission of jurisdiction in any permit proceeding. Upon designation of a
28 route the commission shall issue a permit to the applicant with such terms, conditions,
29 or modifications deemed necessary.
30 SECTION 2. AMENDMENT. Section 49-22.1-06 of the North Dakota Century Code is
31 amended and reenacted as follows:
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1 49-22.1-06. Application for a certificate - Notice of filing - Amendment - Designation of
2 a site or corridor.
3 1. An application for a certificate must be in the form prescribed by the commission
4 containing the following information:
5 a. A description of the size and type of facility.
6 b. A summary of any studies that have been made of the environmental impact of
7 the facility.
8 c. A statement explaining the need for the facility.
9 d. An identification of the location of the preferred site for any gas or liquid energy
10 conversion facility.
11 e. An identification of the location of the preferred corridor for any gas or liquid
12 transmission facility.
13 f. A description of the merits and detriments of any location identified and a
14 comprehensive analysis with supporting data showing the reasons why the
15 preferred location is best suited for the facility.
16 g. A description of mitigative measures that will be taken to minimize all foreseen
17 adverse impacts resulting from the location, construction, and operation of the
18 proposed facility.
19 h. An evaluation of the proposed site or corridor with regard to the applicable
20 considerations set out in section 49-22.1-09 and the criteria established pursuant
21 to section 49-22.1-03.
22 i. Any other information as the applicant considers relevant or the commission may
23 require.
24 2. After determining the application is complete, the commission shall serve a notice of
25 filing of the application on those persons and agencies the commission deems
26 appropriate and shall publish a notice of filing of the application in the official
27 newspaper of each county in which any portion of the site or corridor is proposed to be
28 located.
29 3. A copy of the application must be furnished to any person or agency, upon request to
30 the commission within thirty days of either service or publication of the notice of filing.
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1 4. Within thirty days following service of the notice of filing of a complete application by
2 the commission, the applicant shall provide a copy of the commission's notice of filing
3 of the application by first-class mail to the owner of record of any land located within
4 the requested corridor. For purposes of this subsection, the owner of record means the
5 owner identified by the county treasurer to receive the real estate tax statement.
6 5. An application for an amendment of a certificate must be in the form and contain the
7 information as the commission prescribes.
8 5.6. The commission may designate a site or corridor for a proposed facility following the
9 study and hearings provided for in this chapter. Any designation must be made in
10 accordance with the evidence presented at the hearings, an evaluation of the
11 information provided in the application, the criteria established pursuant to section
12 49-22.1-03, and the considerations set out in section 49-22.1-09 in a finding with
13 reasons for the designation, and must be made in a timely manner no later than six
14 months after the filing of a completed application for a certificate of site compatibility or
15 no later than three months after the filing of a completed application for a certificate of
16 corridor compatibility. The time for designation of a site or corridor may be extended by
17 the commission for just cause. The failure of the commission to act within the time
18 limits provided in this section does not operate to divest the commission of jurisdiction
19 in any certification proceeding. The commission shall indicate the reasons for any
20 refusal of designation. Upon designation of a site or corridor, the commission shall
21 issue a certificate of site compatibility or a certificate of corridor compatibility with the
22 terms, conditions, or modifications deemed necessary.
23 SECTION 3. AMENDMENT. Section 49-22.1-07 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 49-22.1-07. Application for a permit - Notice of filing - Amendment - Designation of a
26 route.
27 1. An application for a route permit for a gas or liquid transmission facility within a
28 designated corridor must be filed no later than two years after the issuance of the
29 certificate and must be in the form the commission prescribes, containing the following
30 information:
31 a. A description of the type, size, and design of the proposed facility.
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1 b. A description of the location of the proposed facility.
2 c. An evaluation of the proposed route with regard to the applicable considerations
3 set out in section 49-22.1-09 and the criteria established pursuant to section
4 49-22.1-03.
5 d. A description of mitigative measures that will be taken to minimize all foreseen
6 adverse impacts resulting from the location, construction, and operation of the
7 proposed facility.
8 e. A description of the right-of-way preparation and construction and reclamation
9 procedures.
10 f. A statement setting forth the manner in which:
11 (1) The utility will inform affected landowners of easement acquisition, and
12 necessary easement conditions and restrictions.
13 (2) The utility will compensate landowners for easements, without reference to
14 the actual consideration to be paid.
15 g. Any other information the utility considers relevant or the commission requires.
16 2. After determining the application is complete, the commission shall serve a notice of
17 filing of the application on those persons and agencies the commission deems
18 appropriate and shall publish a notice of filing of the application in the official
19 newspaper of each county in which any portion of the designated corridor is located.
20 3. A copy of the application must be furnished to any person or agency, upon request to
21 the commission within thirty days of either service or publication of the notice of filing.
22 4. Within thirty days following service of the notice of filing of a complete application by
23 the commission, the applicant shall provide a copy of the commission's notice of filing
24 of the application by first-class mail to the owner of record of any land located within
25 the requested corridor. For purposes of this subsection, the owner of record means the
26 owner identified by the county treasurer to receive the real estate tax statement.
27 5. An application for an amendment of a permit must be in the form and contain the
28 information the commission prescribes.
29 5.6. The commission shall designate a route for the construction of a gas or liquid
30 transmission facility following the study and hearings provided for in this chapter. This
31 designation must be made in accordance with the evidence presented at the hearings,
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1 an evaluation of the information provided in the application, the criteria established
2 pursuant to section 49-22.1-03, and the considerations set out in section 49-22.1-06 in
3 a finding with reasons for the designation, and must be made in a timely manner no
4 later than six months after the filing of a completed application. The time for
5 designation of a route may be extended by the commission for just cause. The failure
6 of the commission to act within the time limit provided in this section does not operate
7 to divest the commission of jurisdiction in any permit proceeding. Upon designation of
8 a route the commission shall issue a permit to the applicant with the terms, conditions,
9 or modifications deemed necessary.
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Statutes affected: INTRODUCED: 49-22-08.1, 49-22.1-06, 49-22.1-07
Prepared by the Legislative Council staff for Senator Kannianen: 49-22-08.2, 49-22.1-08
FIRST ENGROSSMENT: 49-22-08.1, 49-22-08.2, 49-22.1-06, 49-22.1-07, 49-22.1-08