DRC WEEKLY LEGISLATIVE UPDATE

FEBRUARY 16, 2007

ACTION IN THE PAST WEEK:

SB 2331: This bill would deprive counties and townships of key zoning rights. The Senate Ag Committee sent this bill to the floor with no recommendation. It failed 18-29. DRC opposed this bill.
HB 1420: The original bill would have prevented townships and counties from enacting any regulations pertaining to a confined animal feeding operation that relate to health or the environment, but it was amended. DRC is no longer opposing the amended version of the bill, which passed the House 75-16.
HB 1124: DRC had opposed this bill, which was introduced 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, was improved when it was amended to say that inspection means that the seed met the requirements of the seed department at the time of inspection. We will be reviewing our position. It passed the House February 90-1.
HB 1501: 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. The Health Department opposed the bill and it was amended to reflect current statute. Passed the House 84-8.

HB 1221: This bill, which would allow companies to recoup expenses incurred meeting federal mandates by raising rates, was amended to include any state laws or rules to implement federal mandates and passed the House 78-16. DRC supported the bill but sought to amend it by repealing 1995 legislation that forbids the Public Service Commission from considering environmental “externality values” (such as health or environmental costs), or environmental regulations that have not yet been enacted, when it sets rates or evaluates resource plans. These amendments failed in committee.

Renewable Energy Bills

HB 1363: This bill would have allowed the Public Service Commission to have jurisdiction over decommissioning of wind farms. If failed on a vote of 34-57. DRC supported this bill.
HB 1456: This bill, which would direct the PSC to study wind farm siting issues, passed the House 75-16. DRC is supporting this bill.
HB 1506: This bill would enact a statewide renewable and recycled energy objective of 10% by 2015. It passed 90-3. DRC supports this bill.
SB 2282: 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. It received an 8-6 “do not pass” from the House Transportation Committee and failed on the floor of the Senate 22-24.
SB 2288: This was an ambitious renewable energy bill that was amended to seriously corrupt the original intent. It outlines the makeup of a renewable energy policy council and designates an appropriation, with the PSC determining where the money should go. It also sets up a biomass energy research center. It was amended to change references to renewable energy to “energy independence,” and puts representatives from the petroleum and lignite industries on the council. DRC supported the original version but will reevaluate its position. It received a 14-0 “do pass” out of the committee and passed the Senate 45-1.

Oil & Gas Bills

HB 1511: This bill, which DRC supports, requires that idle wells that have not produced oil or gas in paying quantities for one year to either be put back into production, properly temporarily abandoned or plugged and reclaimed. If one of those options is not completed, the well will be put on a single well bond equal to the actual cost of reclamation. It passed the House this week 62-28.

ACTION IN THE COMING WEEK:

HCR 3061: Directs the legislative Council to study the financial and environmental impacts of confined animal feeding operations on property owners and communities and to recommend laws concerning siting and regulation. House Agriculture Committee, Peace Garden Room, Thursday, February 22, 9 a.m.
SCR 4007: A resolution urging Congress to adequately fund state meat inspection programs and to allow interstate sales of state-inspected meat products. House Agriculture Committee, Peace Garden Room, Thursday, February 22, 9 a.m.

HB 1028: This bill would create an Energy Development and Transmission Committee, the function of which would be to study every facet of the state’s energy industry and make recommendations relating to policy. Senate Industry, Business & Labor, Roosevelt Park Room, Wednesday, February 21, 2:30 p.m.

HB 1193: This bill, introduced at the request of Basin Electric, proposes to classify electricity generated from hydropower as renewable. This would enable Basin to claim its WAPA allotment for renewable energy credits. DRC opposed this provision in the House because it would slow the development of new renewable technology. Senate Natural Resources Committee, Fort Lincoln Room, Thursday, February 22, 11 a.m.
HB 1231: Would allow the sellers of property to maintain the rights to wind payments after the property is sold. DRC opposes this bill. Senate Natural Resources Committee, Fort Lincoln Room, Friday, February 23, 11 a.m.

Oil and Gas Bills

HB 1229: 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 1229, 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. We are hoping to amend the bill in the Senate to specify a distance of 1mile. Senate Natural Resources Committee, Fort Lincoln Room, Friday, February 23, 10:15 a.m.

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