DRC WEEKLY LEGISLATIVE UPDATE

JANUARY 26, 2007

 Oil and Gas Bills

• HB 1129 1229: Was reconsidered on Thursday by the House Natural Resources Committee. It had previously been amended and been given a “do pass” by the committee. Originally worded to restrict oil or gas wells from being drilled within 660 feet of a residence, it was amended to 500 feet. Aspects from a notification bill, HB 1182, were amended into HB 1 2 129 on Thursday, which would require companies to notify owners of occupied dwellings ¼ mile from the proposed drilling sites of their intent to drill at least 20 days before applying for a permit. DRC wanted the area of notification to extend to a mile to correspond with laws concerning impacts to water wells, but members are pleased with the time frame. It received a “do pass” recommendation from the committee. It will now go to the floor of the House
• HB 1182: Was reconsidered after the intent of the bill was amended into HB 1229, and the committee recommended a “do not pass.” It will now go to the floor of the House.

Ag Bills

• HB 1420: Many people, including several DRC members turned out for the hearing on this bill, which proposes to prevent townships and counties from enacting any regulations pertaining to a confined animal feeding operation that relate to health or the environment. Member Todd Leake from Emerado testified on his own behalf and DRC submitted written testimony. The committee has not taken action.
• SB 2128: A bill weakening the responsibilities of the State Seed Commission, was improved by amendments in the House Agriculture Committee as a result of concerns expressed by Blaine Schmaltz, an organic seed developer from Rugby . The amendments allow for the recognition of seed developed by individuals. It received a unanimous “do pass” from the committee and will now go to the floor of the House.
• HB 1501: The state department of health opposed this bill, which 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. The committee will be working with the attorney general’s office to amend the bill.
• HCR 4007: This resolution asking Congress for more funding for state meat inspection programs and to repeal the law prohibiting interstate sales of state-inspected meat received a 6-0 “do pass” in the Senate Agriculture Committee and will now go to the full Senate.

Coal and Transmisison Transmission Bills

• HB 1496: The House Industry, Business and Labor Committ tee recommended a 13-0 “do not pass” on this bill, which 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 federal. It will now go to the floor of the House
• HB 1127: The House Government and Veterans Affairs Committee is reconsidering this bill after voting a 12-0 “do pass” earlier this week. The bill would allow information pertaining to records of the state Transmission Authority to be confidential. It will now go to the floor of the House
• HB 1496: Received a unanimous “do not pass” recommendation from the House Industry, Business and Labor Committee. This bill would prevent the PSC from allowing electricity rate increases because of actions taken in other states because of stricter-than-federal mandates. It will now go to the floor of the House .

Renewable Energy Bills

• HB 1193: Passed the house 92-0. It wasintroduced 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 and Xcel Energy to claim its purchases of hydroelectric power from Canada for renewable energy credits.
• HB 1231: A bill that would allow the seller of a property to maintain the wind lease payments after the sale of the property, passed the House 74-18. DRC staff testified in opposition to this bill.

ACTION IN THE COMING WEEK:

Ag Bills

• SB 2335: (Sens. Urlacher and Klein), Would provide an appropriation to the agriculture commissioner to expand organic production and processing in the state. Senate Agriculture Committee, Roosevelt Park Room, Friday, February 2, 8:30 a.m.
• HCR 3010: (Reps. Froelich , Brandenburg , Kempenich and Kerzman and Sens. Bowman and Taylor), A resolution urging Congress to implement Country of Origin Labeling, which was mandated in 2002 but never funded. DRC supports this resolution. House Agriculture Committee, Peace Garden Room, Thursday, February 1, 8:30 a.m.

Oil and Gas Bills

• SB 2178: (Sens. Bowman, Lyson and O’Connell and Reps. S. Meyer and Skarpohl), Would raise the counties’ caps on oil and gas production tax revenues. DRC supports this bill. Senate Finance and Taxation Committee, Lewis and Clark Room, Wednesday, January 31, 8:30 a.m.

Renewable Energy Bills

• HB 1456: (Reps. Nelson, Gulleson and Kretschmar and Sens. Horne and Klein), Would direct the PSC to study wind farm siting issues because the size requirements for PSC siting jurisdiction were reduced in the last session. House Natural Resources Committee, Pioneer Room, Friday, February 2, 8:30 a.m.
• 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. Senate Transportation Committee, Lewis and Cark Room, Thursday, February 1, 10 a.m.
• SB 2408: (Sens. Taylor, Flakoll and Mathern and Reps. Mueller, Nelson and Solberg), would allow for school transportation grants to be increased if biodiesel is being used. Senate Agriculture Committee, Roosevelt Park Room, Thursday, February 1, 8:30 a.m.
• SB 2391: (Sens. Flakoll and Anderson and by Reps. Monson and Porter), Would provide retailers of ethanol with an incentive. Senate Agriculture Committee, Roosevelt Park Room, Thursday, February 1, 2:45 p.m.

Other Bills

• HB 1483: ( Reps. Gulleson, Ekstrom, Mueller and Hawken and Sens. Erbele and Tallackson), Would require the state to purchase environmentally preferable products whenever practical. House Government and Veterans Affairs Committee, Fort Union Room, Friday, February 2, 8 a.m.

BILLS INTRODUCED BUT NO HEARINGS YET SCHEDULED:

• SB 2331: (Sens. Erbele, Olafson, Wanzek and Reps. Belter, Heller and Onstad), similar to HB 1420 in limiting the abilities of counties and townships to zone confined animal feeding operations.