SB 2339 North Dakota Senate · 69th Legislative Assembly (2025-26)

AN ACT to create and enact a new chapter to title 49 of the North Dakota Century Code, relating to strict liability and a wildfire mitigation plan of a qualified utility; and to provide for a report.

SB 2339 creates new regulations for qualified utilities in North Dakota. The bill addresses the strict liability of these utilities, meaning they could be held responsible for damages from wildfires regardless of fault. It also requires these utilities to develop and implement a wildfire mitigation plan to prevent and reduce the risk of fires. Additionally, the bill includes a provision for a report, likely related to the implementation or outcomes of these new regulations.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 21, 2025 Signed Apr 24, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

FIRST ENGROSSMENT Enrollment · 5 edits
MODERATE
This bill establishes a new chapter in North Dakota law creating wildfire mitigation plans for qualified utilities and limits their strict liability for wildfire damages. The main changes include adding definitions for hazardous vegetation and qualified utilities, requiring utilities to submit detailed wildfire mitigation plans, and creating a rebuttable presumption that utilities exercising reasonable care under these plans are not strictly liable for wildfire damages.
Scope change
The bill expands the scope by adding a new chapter to Title 49 of the North Dakota Century Code, creating new requirements for wildfire mitigation planning and limiting liability standards for utilities.
DEFINITION

Added definitions for 'hazardous vegetation' and 'qualified utility' to establish clear standards for what plants and utility types are covered under the wildfire mitigation requirements.

REQUIREMENT

Added requirement for qualified utilities to prepare and submit wildfire mitigation plans that include detailed procedures for vegetation management, infrastructure inspection, recloser disabling procedures, and community outreach.

Added requirement for utilities to publish wildfire mitigation plans and annual compliance reports on their websites within 30 days of filing or approval.

TIMELINE

Changed the plan update frequency from every three years to every two years for both electric public utilities/transmission providers and rural electric cooperatives/municipal utilities.

ENFORCEMENT

Added a rebuttable presumption that qualified utilities who prepare and comply with wildfire mitigation plans exercised reasonable standard of care, limiting courts from applying strict liability standards for wildfire-related damages.

Floor votes · Senate Apr 21, 2025 · House Apr 18, 2025

How they voted

461
Passed
Total votes 47
Apr 21, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
41 Yea 1 Nay
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
11
Committee
4
Apr 26, 2025
Introduced
Filed with Secretary Of State 04/25
legislature
Apr 24, 2025
Signed into law
Signed by Governor 04/24
upper
Apr 21, 2025
Upper · Passed
Second reading, passed, yeas 46 nays 1
upper
Apr 21, 2025
Upper · Passed
Concurred
upper
Apr 18, 2025
Lower · Passed
Second reading, passed as amended, yeas 62 nays 28
lower
Apr 17, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Apr 16, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 9 3 1
lower
Mar 20, 2025
Lower · Passed
Committee Hearing 09:00
lower
Feb 18, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
Feb 11, 2025
Upper · Passed
Second reading, passed, yeas 45 nays 1
upper
Feb 10, 2025
Upper · Passed
Amendment adopted, placed on calendar
upper
Feb 7, 2025
Upper · Passed
Reported back amended, do pass, amendment placed on calendar 7 0 0
upper
Jan 31, 2025
Upper · Passed
Committee Hearing 10:00
upper
Jan 21, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
upper
1 primary · 5 co-sponsors

Sponsors