21.0984.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2263
of North Dakota
Introduced by
Senators Kannianen, Schaible, Weber
Representatives D. Anderson, Fegley, Jones
1 A BILL for an Act to amend and reenact section 49-22-08 of the North Dakota Century Code,
2 relating to notice requirements for an application for a certificate of site or corridor compatibility.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 49-22-08 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 49-22-08. Application for a certificate - Notice of filing - Amendment - Designation of a
7 site or corridor.
8 1. An application for a certificate must be in such form as the commission may prescribe,
9 containing the following information:
10 a. A description of the size and type of facility.
11 b. A summary of any studies which have been made of the environmental impact of
12 the facility.
13 c. A statement explaining the need for the facility.
14 d. An identification of the location of the preferred site for any electric energy
15 conversion facility.
16 e. An identification of the location of the preferred corridor for any electric
17 transmission facility.
18 f. A description of the merits and detriments of any location identified and a
19 comprehensive analysis with supporting data showing the reasons why the
20 preferred location is best suited for the facility.
21 g. A description of mitigative measures that will be taken to minimize all foreseen
22 adverse impacts resulting from the location, construction, and operation of the
23 proposed facility.
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Legislative Assembly
1 h. An evaluation of the proposed site or corridor with regard to the applicable
2 considerations set out in section 49-22-09 and the criteria established pursuant to
3 section 49-22-05.1.
4 i. Such other information as the applicant may consider relevant or the commission
5 may require.
6 2. After determining that the application is complete, the commission shall serve a notice
7 of filing of the application on such persons and agencies that the commission may
8 deem appropriate and shall publish a notice of filing of the application in the official
9 newspaper of each county in which any portion of the site or corridor is proposed to be
10 located. The applicant shall serve the notice of filing of the application on a person that
11 owns land within the requested site or corridor.
12 3. A copy of the application shall be furnished to any person or agency, upon request to
13 the commission within thirty days of either service or publication of the notice of filing.
14 4. An application for an amendment of a certificate shall be in such form and contain
15 such information as the commission shall prescribe.
16 5. The commission may designate a site or corridor for a proposed facility following the
17 study and hearings provided for in this chapter. Any designation shall be made in
18 accordance with the evidence presented at the hearings, an evaluation of the
19 information provided in the application, the criteria established pursuant to section
20 49-22-05.1, and the considerations set out in section 49-22-09 in a finding with
21 reasons for the designation, and shall be made in a timely manner no later than six
22 months after the filing of a completed application for a certificate of site compatibility or
23 no later than three months after the filing of a completed application for a certificate of
24 corridor compatibility. The time for designation of a site or corridor may be extended by
25 the commission for just cause. The failure of the commission to act within the time
26 limits provided in this section shall not operate to divest the commission of jurisdiction
27 in any certification proceeding. The commission shall indicate the reasons for any
28 refusal of designation. Upon designation of a site or corridor, the commission shall
29 issue a certificate of site compatibility or a certificate of corridor compatibility with such
30 terms, conditions, or modifications deemed necessary. The commission may not
31 condition the issuance of a certificate or permit on the applicant providing a mitigation
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Legislative Assembly
1 payment assessed or requested by another state agency or entity to offset a negative
2 impact on wildlife habitat.
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Statutes affected: INTRODUCED: 49-22-08
FIRST ENGROSSMENT: 49-22-08
Enrollment: 49-22-08