HB 1258 North Dakota House · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact subsection 2 of section 49-22-16 of the of the North Dakota Century Code, relating to energy conversion and transmission facility siting; and to provide for retroactive application.

HB 1258 amends a section of the North Dakota Century Code related to the siting of energy conversion and transmission facilities. This bill modifies the rules and processes for approving where facilities like power plants or major transmission lines can be built. It affects energy companies seeking to develop projects and the state's regulatory body responsible for their approval. A key provision states that these changes will apply retroactively, meaning they could impact projects already in progress or previously considered under older rules.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

House Passage

Jan 2025

Senate Passage

Apr 2025

Signed into Law

Apr 2025

Introduced Jan 13, 2025 Signed Apr 18, 2025

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What changed between versions

FIRST ENGROSSMENT → Enrollment · 4 edits

MODERATE

This bill modifies how energy transmission and conversion facilities interact with local land use rules. It clarifies that site compatibility certificates for energy conversion facilities cannot override local zoning, while transmission facility permits can override local rules under specific conditions. The changes also establish notification requirements and timelines for public hearings when transmission corridors are proposed.

Scope change

The bill applies retroactively to January 1, 2025, and clarifies the distinction between energy conversion facilities and transmission facilities regarding their authority to override local regulations.

REQUIREMENT

Site compatibility certificates for electric energy conversion facilities can no longer override local land use, zoning, or building rules.

Permits for electric transmission facilities can override local rules, but only after the commission finds those rules are unreasonable or conflict with state/federal laws.

The commission must notify local governments 45 days before scheduling public hearings on transmission corridors, and local governments must submit their requirements at least 10 days before the hearing.

TIMELINE

The act applies retroactively to January 1, 2025.

Floor votes · Senate Apr 4, 2025 · House Jan 30, 2025

How they voted

27–18

Passed · 2 other

Total votes 47

Apr 4, 2025

D Democratic5

3 Yea 2 Nay

60% Yea

R Republican42

24 Yea 16 Nay 2

57% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 21, 2025

Introduced

Filed with Secretary Of State 04/17

legislature

Apr 18, 2025

Signed into law

Signed by Governor 04/15

lower

Apr 4, 2025

Upper · Passed

Second reading, passed, yeas 27 nays 18

upper

Apr 3, 2025

Upper · Passed

Reported back, do not pass, placed on calendar 4 3 0

upper

Mar 21, 2025

Upper · Passed

Committee Hearing 10:00

upper

Feb 13, 2025

Introduced

Introduced, first reading, referred Energy and Natural Resources Committee

upper

Jan 30, 2025

Lower · Passed

Second reading, passed, yeas 86 nays 7

lower

Jan 27, 2025

Lower · Passed

Amendment adopted, placed on calendar

lower

Jan 24, 2025

Lower · Passed

Reported back amended, do pass, amendment placed on calendar 11 0 2

lower

Jan 23, 2025

Lower · Passed

Committee Hearing 09:00

lower

Jan 13, 2025

Introduced

Introduced, first reading, referred Energy and Natural Resources Committee

lower

1 primary · 11 co-sponsors