Category Archive: Legislation/Legal

1. PSC Requiring Bonds for Wind Farm Reclamation

   September 5, 2014 Leave a Comment

   North Dakota’s Public Service Commission (PSC) voted this week to require a 10-year old wind farm to purchase a bond to cover reclamation costs at their wind project in Dickey County.  Last year, the PSC sent letters to the owners of four wind projects to inform them of the PSC’s intent to insure that land is properly reclaimed after a project is decommissioned. Under state law, land reclamation bonds are required prior to mining coal; however wind farm owners do not have to post a guaranty bond for decommissioning until after the 10th year of operation.   Read more in Prairie Business Magazine.  

2. Legislators Tour Oil Patch

   August 29, 2014 Leave a Comment

   Forty state legislators traveled to the oil patch this week to see first-hand the development and impacts in Watford City and the rest of McKenzie County, which is the largest oil producing county in the state. Oil patch leaders plan to seek an increase in the amount of oil tax revenue that is sent directly back to impacted communities and counties. The 2015 legislative session is set to convene on January 6. Read more in Prairie Business Magazine.

3. Wind Project Receives Regulatory Approval

   August 22, 2014 Leave a Comment

   Thunder Spirit Wind LLC received approval from the North Dakota Public Service Commission last week to proceed with construction of a 150 MW wind farm near Hettinger. The PSC approved the project on a split vote, with Commissioner Christmann citing concerns over the amount of wind energy as part of North Dakota’s energy portfolio. Project approval was granted after the company appealed and overturned a Federal Aviation Administration decision regarding the proximity of the wind farm to Hettinger’s airport. Read more in Prairie Business Magazine.

4. Hearing Set on Oil-By-Rail Safety

   August 22, 2014 Leave a Comment

   State oil regulators have scheduled a hearing at 9 am on September 23rd to receive testimony and public comment on the safety and marketability of transporting crude oil by rail. The hearing will be held in Bismarck at the Department of Mineral Resources office. The agency is seeking technical comments. Written comments will be received by the agency until September 22nd. The North Dakota Industrial Commission is considering new technical rules on equipment used in North Dakota’s oil patch. Hearing details can be found here. Read more in the Bismarck Tribune.

5. EmPower Commission Releases Recommendations

   August 14, 2014 Leave a Comment

   The North Dakota EmPower Commission recently finalized a slate of legislative and policy recommendations aimed at further enhancing all of the state’s energy sectors. The group is recommending that the state legislature invest $1 billion in infrastructure to help address needs in the state’s booming oil patch. The EmPower Commission is comprised of representatives from oil and gas, coal, ethanol, wind and other energy sectors. Click here to read the EmPower report. Read more in the Dickinson Press.

6. Landowners Concerned Over Rights of Mineral Owners Versus Surface Owners

   August 8, 2014 Leave a Comment

   Several landowners in western North Dakota are concerned about the rights of mineral owners superseding the rights of surface owners. While acknowledging the significant economic impact that the oil industry has on their local economies and the state’s economy, landowners are concerned about ongoing damage to roads, landowner compensation levels and dust damaging crops and livestock. Landowners also want to see a state-run mediation program improved to work more in the interest of surface owners. Read more in the Bakken Breakout.

7. Federal Rules on Rail Transport Open for Comment

   July 25, 2014 Leave a Comment

   The federal Department of Transportation released proposed regulations for comment this week regarding rail car requirements and safety guidelines for the transport of certain types of flammable liquids, including petroleum and ethanol. Industry officials, Senators Hoeven and Heitmamp and Governor Dalrymple lauded the new proposal. The North Dakota Ethanol Council is concerned that the rail industry won’t be able to meet the demand for new rail cars without disruption to rail service. Read more in the Bakken Breakout.

8. Larger Share of Tax Revenue Sought for Oil & Gas Producing Counties

   July 2, 2014 Leave a Comment

   The North Dakota Association of Oil & Gas Producing Counties says changes may be made in the next legislative session to increase the share of oil and gas taxes going back to oil and gas producing counties. The association has been working with legislators and others to discuss potential legislative proposals. Legislators may consider increasing the share received by oil production counties to 60 percent, with the state receiving the remaining 40 percent of the oil production and extraction tax revenues. Read more in the Dickinson Press.

9. Airports Awarded Energy Impact Grants

   June 11, 2014 Leave a Comment

   The State Land Board awarded energy impact grants this week for airport upgrades in New Town and Killdeer. The combined grant awards total nearly $9 million, with another $2 million committed to the Killdeer airport during the next fiscal year. The 2013 legislature set-aside $60 million in oil and gas impact grant funding for airport grants during this biennium. The land board has allocated more than $100 million in grant funding to oil-impacted cities since the start of the biennium. Read more in Prairie Business.

10. Legacy Fund to Surpass $2 Billion

    May 23, 2014 Leave a Comment

    State officials estimate that North Dakota’s Legacy Fund will soon top $2 billion and the fund is expected to reach $3 billion by the end of the 2013-15 biennium.  Established by a constitutional measure passed by North Dakota voters in 2010, the Legacy Fund receives 30 percent of oil and gas production and extraction tax revenue collected in the state.  The fund cannot be touched until 2017, when state legislators can first use earnings from the fund and can spend up to 15 percent of the fund principal if two-thirds of the legislature agrees.  Read more in the Bismarck Tribune.