Previously, I wrote about HB 1258 and how it slipped under the radar in the House:
As I wrote on February 7th:
HB 1258 states that local zoning ordinances may not apply when addressing projects that have been permitted by the state. Basically, the State of North Dakota is taking over zoning regulations, and carving local governments out of the process except to let them submit public comment like any other citizen.
This is directly targeting counties like Burleigh County and Emmons County that have stood up for their citizens on the Summit Carbon Solutions Pipeline.
But, this would also affect counties that have stood up to the state’s policies on things like wind farms too.
The bill’s sponsor, Rep. Mike Brandenburg is seeking to add an amendment onto the bill that was passed by the House to make it retroactive to January 1st, 2025.
This is specifically designed so that the citizens who met in Edgeley cannot do anything about the new law - unless they go out and get signatures to refer it to the voters. Which I think they could pull off, if they wanted to do so.
The testimony in the Senate Committee was very similar to that which was given on SB 2208 previously - which the Senate did defeat:
As the Bismarck Tribune reported:
House Bill 1258 would give the state Public Service Commission the authority to override rules set by local governments that conflict with a state approval for an electric transmission project. It passed through the House of Representatives 86-7-1. There was no opposing testimony as the bill went through the House committee hearings, but the room for the Senate committee hearing was overflowed Friday.
[…]
Derrick Braaten, an attorney who frequently represents landowners at odds with energy companies, said local opposition to projects is not inevitable. He pointed to the North Plains Connector, a proposed 420-mile transmission project that would run from Montana to North Dakota.
"I didn't even represent landowners on it because I passed them off to another firm. And I told that company, 'Let me know when you go into your PSC siting proceedings because I'll come and testify for you because I've never seen a company do it right, and that well.' But it can be done," he said.
Senators will have to decide if they want to go down this road.
If the retroactivity clause is added in the Senate, the House will have another chance to agree or disagree.
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