ACTION ALERTS

Tell your Representatives to protect landowner rights and pass HB 1182.

This bill is going to the floor with a slim 8-6 "do pass" vote from the House Natural Resources Committee. It would require the oil and gas industry to notify ALL surface owners and their tenants within one half mile of a location set to be drilled for oil and gas. We would like one mile, but first we must get it through the House.

Call or e-mail the House Majority Leader, Assistant Majority Leader, House Minority Leader and Assistant Minority Leader. If we can get them to support the bill in party caucuses, we will have a better chance to win on the floor. You can reach any legislator at 1-800-635-3447 (1-800-NDLEGIS) or 701-328-3373 . For home phone numbers go to www.drcinfo.com, click Legislative Updates, then Map of Legislative Districts, then the legislator's name. Tell them you are calling to support House Bill 1182.

Protect local control over animal factories; oppose HB 1420

Come to the hearing if you can, Thursday, January 25, 9 a.m. in the Peace Garden Room. This bill would totally eliminate the possibility of counties or townships from enacting or enforcing zoning on animal factories, including critical bonding requirements to protect the public against the cost of toxic clean-up. Everything would be up to the state, whose regulations and enforcement are very weak.

Call your Representatives and tell them to protect local control and oppose HB 1420. Especially important are members of the House Agriculture Committee, Reps. Dennis Johnson, Joyce Kingsbury, Wesley Belter, Mike Brandenburg, Craig Headland, Brenda Heller, Gerald Uglem, John Wall, Tracy Boe, Rod Froelich, Phil Mueller, Kenton Onstad and Ben Vig.

ACTION IN THE PAST WEEK:

Renewable Energy Bills:

HB 1231: Passed the House Natural Resources Committee by one vote. DRC staff submitted oral testimony opposing the bill, which would allow the sellers of property to maintain the rights to wind payments after the property is sold.
HB 1193: DRC staff provided testimony on this bill in the House Natural Resources Committee, introduced at the request of Basin Electric, which proposes to classify electricity generated from hydropower as renewable. This would enable Basin to claim its WAPA allotment for renewable energy credits. DRC would support the bill if there were an amendment specifying that the credits could not be used for trading on the renewables market. The Committee voted a unanimous Do Pass, and the bill now goes to the floor of the House.
SB 2156: Even sponsors had trouble explaining this bill, which appears to add clean, renewable energy bonds to the definition of “municipal security” in the century code. It received a “Do Pass” from the Senate Finance and Taxation Committee and will now go to the full Senate.

Oil & Gas Bills:

HB 1229: The House Natural Resources Committee unanimously recommended a Do Pass on this bill with amendments. Originally worded to restrict oil or gas wells from being drilled within 660 feet of a residence, it was amended to 500 feet. DRC member Tom Irgens of Spingbrook testified on this bill recommended a distance of 1220 feet. The bill was vigorously opposed by industry representatives. It will now go to the floor for a vote by the full House.
HB 1182: The House Natural Resources Committee passed this bill out of committee 8-6. It would require that notice of drilling be given to surface owners and tenants within ½ mile of the well site. It was amended to require newspaper notification. Member Tom Irgens of Springbrook also testified on this bill but asked that it be amended to extend to a one-mile radius.
HB 1060: Would allow for addition sources of funding for the removal of abandoned oil and gas equipment and would create a geothermal, subsurface mineral and coal exploration fund. The House Natural Resources Committee recommended a Do Pass with slight amendments
HB 1073: This would exempt pipelines carrying carbon dioxide from taxation. It passed the house 93-0.
HB 1279: Was re-referred to the House Natural Resources Committee. It would extend the tax exemption for shallow gas wells that was due to sunset July, 2007.
HB 1257: The House Natural Resources Committee recommended a Do Pass on this bill, which would assure that oil and gas royalty payments are made to mineral owners whose title and interest are not in dispute. The bill will now go to the full House.
SB 2157: Was withdrawn. This bill would have changed way the oil extraction tax is computed. It appears that this bill would have decreased the amount of oil extraction tax the state collects because that tax is currently based on a price that is higher than ND crude.

Ag Bills:

SB 2153: Was re-referred to the Senate Judiciary Committee This is a very long bill (105 pages) that amends the century code dealing with farm corporations, farm limited liability companies, cooperative associations, etc. We are looking into this bill.
SCR 4007: DRC staff gave oral testimony in support of this resolution, the intent of which is to ask Congress for more funding for state eat inspection programs and to repeal the law prohibiting interstate sales of state-inspected meat.

Coal & Transmisison:

SB 2031: Would allow utilities to charge customers for expenses related to building transmission lines. It passed the Senate 45-0.

ACTION IN THE COMING WEEK

Oil and Gas Bills:

HCR 3009: (Reps. Froelich and Meyer and Sen. Heitkamp), a resolution directing the Legislative Council to study the feasibility and desirability of building a state-owned refinery or providing incentives to the private sector to expand refining in the state. DRC will monitor this bill. House Government and Veterans Affairs Committee, Fort Union Room, Friday, January 26 8 a.m.
HB 1462: This “kitchen sink” bill would require the state to adopt the 25x’25 initiative, requiring that 25% of total energy in the U.S. be provided by agriculture, forestry and working land by 2025. It goes on to provide a tax break for shallow gas wells (which could include coal bed methane), and change the Electrical Industry Competition Committee to the Energy Development and Transmission Committee. House Natural Resources Committee, Pioneer Room, Thursday, January 25, 2 p.m.
HB 1279: (Reps. Kempenich, Headland, Solberg and Weiler and Sens. Krauter and Wanzek), Would extend the tax exemption for shallow gas wells that was due to sunset July, 2007. House Natural Resources Committee, Pioneer Room, Friday January 26, 8:30 a.m.

Ag Bills:

HB 1420: (Reps. Brandenburg, Aarsvold and Froelich and Sen. Erbele), This bill would prevent townships and counties from enacting any regulations pertaining to a confined animal feeding operation that relate to health or the environment. DRC is opposed to this bill. House Agriculture Committee, Peace Garden Room, Thursday, January 25, 9 a.m.
HB 1501: (Reps. Brandenburg, Headland and Pollert, Sens. Erbele. Olafson and Wanzek), This bill would make any person filing pleadings related to concerns over the construction or operation of a feedlot of a livestock feedlot financially responsible for all expenses incurred. House Agriculture Committee, Peace Garden Room, Friday, January 26, 9 a.m.
SB 2180: (Sens. Klein, Wanzek and Wardner and Reps. Belter, Brandenburg and Pollert), This bill would permit animal feeding operations using by-products from a biofuels plant to qualify for money under community expansion fund and would change the Biodiesel Partnership to the “Biofuels Partnership.” Senate Agriculture Committee, Roosevelt Park Room, Thursday, January 25, 8:30 a.m.
SB 2283: (Sens. Triplett, Wanzek and Warner and Reps. DeKrey, Onstad and Price), This bill would add funds to defray costs of farmer market development and promotion. Senate Agriculture Committee, Roosevelt Park Room, Friday January 26, 10:15 a.m.
HB 1124: (Agriculture Committee at the request of the State Seed Commission). Relieves the state from liability regarding the various qualities of seed and seed potatoes, including genetic identity, but not the vendor. DRC is monitoring this bill. House Judiciary Committee, Prairie Room, Tuesday, January 23, 8:30 a.m

Renewable Energy Bills:

SB 2288: (Sens. Nething, Erbele and Heitkamp and Reps. DeKrey, Gruchalla and Nelson) This is the Renewable Energy Commission bill we have been expecting from REP .

It outlines the makeup of the Commission and appropriates $20 million, with the PSC determing where the money should go. It also sets up a biomass energy research center. Senate Agriculture Committee, Roosevelt Park Room, Thursday, January 25, 2:30 p.m.

HB 1363: (Reps. Nelson, Kreidt and Weisz and Sens. Holmberg and Triplett),This bill would allow the Public Service Commission to have jurisdiction over decommissioning of wind farms. DRC supports this bill. House Natural Resources Committee, Pioneer Room, Thursday, January 25, 10:30 a.m.
HB 1458: (Reps. Monson, Boehning and S. Kelsh and Sens. Andreson, Flakoll and Grindberg), Would direct the Commerce Department to create a hydrogen roadmap for the state involving a study. House Natural Resources Committee, Pioneer Room, Friday January 26, 8:30 a.m.
HB 1506: (Reps. Monson, Dahl and S. Kelsh and Sen. Erbele), This bill would enact a statewide renewable and recycled energy objective of 10% by 2015. DRC supports this bill, which will be heard by the House Natural Resources Committee, Pioneer Room, Thursday, January 25, 10:30 a.m.
HB 1515: (Reps. Monson and Porter and Sen. Olafson), Would create a biomass demonstration project that would be open to sportsmen and a biomass incentive and research program through the Industrial Commission. House Natural Resources Committee, Pioneer Room, Thursday, January 25, 2 p.m.
SB 2298: (Sens. Klein, Erbele and Grindberg and Reps. Brandenburg, Headland and Pollert) This bill redefines a power plant to include any unit with a generating capacity of 50 thousand kilowatts or more which would allow smaller generating facilities to be eligible for a tax break. It also allows a purchaser of an installed geothermal, wind or solar device at the time that installation is complete, to claim a tax credit.

Coal and Transmission Bills:

HB 1365: ( Reps Belter and Kerzman and Sens. Christmann and O’Connell), Would provide a tax break for power plant production and upgrade equipment purchased after January 2007. House Finance & Taxation Committee, Fort Totten Room, Wedesday, January 24, 9:30 a.m.

BILLS INTRODUCED BUT NO HEARINGS YET SCHEDULED:

Renewable Energy Bills:

HB 1456 (Reps. Nelson, Gulleson and Kertschmar and Sens. Horne and Klein), Would direct the PSC to study wind farm siting issues
HB 1514: ( Reps. Monson and Nelson and Sen. Olafson), would add “biomass” to the definition of energy devices that qualify for a state tax credit.
SB 2282: (Sens. Heitkamp, Erbele and Wanzek and Reps. Gullseon, Nelson and Wall), Sets a goal of replacing 25% of all petroleum used in the state with biofuels by the year 2020 and creates tax credits for biofuel purchases.
SCR 4009: (Sen. Heitkamp and Rep. Nelson), would require every gasoline dealer in the state to offer a 10% blend of ethanol and dealers of diesel to offer a blend of at least 2% of biodiesel.

Coal and Transmission:

HB 1496: (Reps. Brandenburg and Headland and Sen. Erbele), This bill would mandate that the PSC may not allow increases in electric rates as a result of actions in other states that require higher cost resources to be built as a result of environmental mandates stricter than than federal.

Oil and Gas:

HB 1511: (Reps. S. Meyer, Drovdal, Keiser and Onstad and Sen. Heitkamp), Would require that if a well has not produced oil or gas in paying quantities for one year, it must be placed in abandoned well status, returned to production, plugged and reclaimed or properly temporarily abandoned or placed on a single well bond equal to the actual cost of plugging and reclaiming.

Ag:

SB 2278: (Sens. Wanzek, Heitkamp and Klein and Reps. Belter, Boe and D. Johnson), Would create a state repository within the ND Department of Health for political subdivision zoning information regarding concentrated animal feeding operations, and would prevent such regulations from being enforced until they are filed with the state.

Other:

HB 1483: (Reps. Gulleson, Ekstrom, Mueller and Hawken and Sens. Erbele and Tallackson), Would require the state to purchase environmentally preferable products whenever practical.

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