[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6114622,"mediaKeyId","2742617-5bb0323d49f11067073100ded5640dc5","parentId",2742617,"title","Debate over House Bill 1258 sharpens as utilities seek state siting authority and landowners press local control","audioSeconds",6912,"startMs",4608000,"endMs",11520000,"viewUrl","/Search/View?dp=1&key=2742617-5bb0323d49f11067073100ded5640dc5&start=4608&end=11520","thumbnailUrl","https://assets.pipeline.soar.com/2742617-5bb0323d49f11067073100ded5640dc5/thumbnail_4608000.jpg","articleUrl","/articles/6114622/North-Dakota/Debate-over-House-Bill-1258-sharpens-as-utilities-seek-state-siting-authority-and-landowners-press-local-control","mediaUrl","https://secure.pipeline.soar.com/6114622-1a4a2ea4e6a5a63ef5bdc4d01b5c075e/orig.mp4?Expires=1773559664&Signature=hWBeoGnZWwf~wkdnHBw0QTpuzDDiNnIyx8fJp9NYX7o6BF5E17Yy7gLx0ihD0X1HMal2j7~O6lBRSOK6GEYDvpRefAPoxqkULZthNXD2Vhzg8k2vGu6JfLnx0zjcWOrazPehCYIc5KiWT1TIBWDMe8sIfnygKRT5~-t~ujK8xiyUQrRtO3rRhp76o8G8dlxDWIkcAdf2Jz8ZxVlwXXSUSaDLie7Eizwj5bcXC0nvS8jtUaFPGK9lJ2GtvGr6VJU6CaExTeQsPq6clNLaMw7Fwy3wWoIM292aBJ5QXPC-vqCDd4eXmBkUg7ADhMWrFhY8kUYbhKBPuMJcKQrW~0cm0g__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota State Legislature","date","2025-03-21T00:00:00Z","article","House Bill 12 58, a bill that would vest primary siting authority for electric transmission facilities with the North Dakota Public Service Commission and allow state permits to preempt local zoning and land‑use ordinances, drew extended support and opposition testimony before the Senate Energy and Natural Resources Committee.

Sponsor Representative Mike Brandenburg told the committee the bill is necessary for statewide economic development and grid reliability and argued that local ordinances imposing very large setbacks would effectively block needed transmission. “You can't have both,” Brandenburg said. “You can't have the authority and you can't have the money.”

Utility and business supporters described the bill as a parity and predictability measure. Dennis Pathroff, representing the Power Companies of North Dakota (PCND), and company engineers from Otter Tail Power Company and Montana‑Dakota Utilities testified that the measure aligns transmission siting procedures with existing rules for pipeline siting and argued the Public Service Commission is the appropriate forum to weigh statewide grid needs. Jason Weyers of Otter Tail summarized planned work on the Jamestown‑to‑Ellendale (JEDEX) project, saying the line is part of MISO’s long‑range plan and that construction is anticipated to begin in summer 2026 and be complete by the end of 2028.

Utility witnesses described outreach efforts and engineering constraints. Otter Tail said it has held more than 65 public meetings and more than 300 individual landowner meetings and had acquired roughly two‑thirds of the necessary land rights. Engineers testified buried 345‑kilovolt transmission lines are generally infeasible at scale because undergrounding can be 10–20 times more expensive, more disruptive to land and take longer to restore after faults; Rob Frank of MDU said, “Transmission lines are safe and have a proven track record with no health impacts to those living near or working nearby.” Technical testimony described typical foundations for structures as 7 to 14 feet in diameter and double‑circuit designs that can carry two circuits in the future.

Opponents — farmers, township and county officials and landowner groups — urged the committee to preserve local land‑use authority. Charlie Sorensen, a farmer and township leader, said the bill “would largely turn over the control of local zoning to the Public Service Commission” and argued the Public Service Commission lacks local knowledge and that local hearings are closer and more accessible for affected residents. Legal counsel for Northwest Landowners Association urged lawmakers to wait for pending court rulings over the meaning of parallel language that is currently being litigated, saying in-court interpretation of that wording could determine how a statute would operate in practice.

A central flashpoint at the hearing was township and county ordinances enacted in parts of southeast North Dakota that require a 2,640‑foot (half‑mile) setback from occupied rural residences for transmission lines; proponents of those local measures said the standards give affected landowners notice and a seat at the table, while utilities said such setbacks would push lines into mid‑field corridors, cause greater agricultural disruption and make routing infeasible. Committee members asked about options such as waivers in local ordinances and the ability of utilities to negotiate easements; Otter Tail said waivers exist but that in some townships the same landowners would control the necessary waivers and that the waiver approach may not be feasible.

Legal and policy questions also loomed. Northwest Landowners Association’s counsel argued the bill imports language that is the subject of ongoing litigation and that courts may ultimately define its reach; others urged the committee to consider whether the statute aligns with the long‑standing principle that local governments retain zoning responsibility. Some township and county witnesses urged amendments, including requiring a unanimous PSC decision before preemption or preserving a stronger role for local conditional‑use permitting.

Outcome: The committee heard roughly 90 minutes of opposition testimony and several hours of support testimony; no final vote was taken during the hearing. The bill remains under committee consideration pending further drafting, potential amendments and review of legal questions raised by opponents.

Ending: The hearing made clear the policy tension at the center of North Dakota’s energy expansion: utilities and state authorities pressing for predictable, statewide siting to support grid reliability and economic development, and local landowners and township officials defending local control and property interests. Lawmakers signaled interest in clarifying statutory language and in pursuing follow‑up work before making a final decision.","mediaType","Video","parentTitle","Senate Energy and Natural Resources Friday, Mar 21, 2025 8:53 AM - 12:06 PM","oneSentenceSummary","House Bill 12 58, a bill that would vest primary siting authority for electric transmission facilities with the North Dakota Public Service Commission and allow state permits to preempt local zoning and land‑use ordinances, drew extended support and opposition testimony before the Senate Energy and Natural Resources Committee.","taxTitle","Energy and Natural Resources, Senate, Legislative, North Dakota","taxId",28903,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6114626,"Senate committee hears bill to create wastewater grant program, sponsors, DEQ and cities outline need",3684,491000,4175000,"/Search/View?dp=1&key=2742617-5bb0323d49f11067073100ded5640dc5&start=491&end=4175","https://assets.pipeline.soar.com/2742617-5bb0323d49f11067073100ded5640dc5/thumbnail_491000.jpg","/articles/6114626/North-Dakota/Senate-committee-hears-bill-to-create-wastewater-grant-program-sponsors-DEQ-and-cities-outline-need","https://secure.pipeline.soar.com/6114626-e84a5b947374c6ebeb8a7e3723fd89f0/orig.mp4?Expires=1773559664&Signature=COVeQtcdOakimZu7D9ONB-SZZGxE3vv~P2PQ4rrfj9aITBlBre0RXl2a4e9A5uuyJJ~yRcs6toJ1qfN2N8s1Jy6Ua1dAdEKlb7F6~VgHK2I~iUZCNzF5Yq4KnrlbOZBRD5BrCLewP95kOzpT9qdNJn3wsdy5g42nVvZytn3AlZbYEaufdVoaBIf6a6eHBiv45f0wYkpHvNFu2OK6y-0VBOtSF3CDLUTzL7F5-74epZr7SlL-On4Bpt83m3VwBlxzmy592JrWznAJTgE0gKSeSXEXBglwF~80OjiQHzVkRP68B2SugRGYPLY4ReCtNQE7y~YVI7nkQAm48jOXJs58eA__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 1577, which would create a wastewater infrastructure grant program to be administered by the North Dakota Department of Environmental Quality, was the subject of testimony before the Senate Energy and Natural Resources Committee. Representative Alisa Mitskog, the bill sponsor, told the committee “House Bill 1577 proposes to provide a wastewater grant program to be administered through the Department of Environmental Quality.”

The bill as amended directs $25 million from the State Infrastructure Fund (SIF) to the program, down from an original $50 million request. Under the bill’s proposed structure grants would cover up to 60 percent of eligible project costs, with a 40 percent local match. The sponsor and witnesses said the request is intended as a first step to address long-standing gaps in wastewater funding across North Dakota.

Why it matters: Witnesses said wastewater projects have lagged behind drinking-water spending and that many small communities lack the capacity to carry large project costs. Diane Eamonts, executive director of the North Dakota Public Finance Authority, told the committee the Clean Water State Revolving Fund has fewer grant and loan-forgiveness opportunities than the drinking-water side; she said that pattern creates “significant challenges particularly for small communities that are already financially strained.”

Committee members pressed details on eligibility and prioritization. Representative Mitskog said the bill’s language was amended to include a carve‑out for smaller communities and that $12.5 million of the appropriation was directed to cities under the 12,500 population threshold. Matt Gardner, executive director of the North Dakota League of Cities, provided the committee an eight‑page intended‑use plan compiled by the Department of Environmental Quality and said the DEQ priority list contains about 300 wastewater projects totaling roughly $1.7 billion. Gardner told senators, “there’s 300 projects there, totaling for 1,700,000,000.0.”

DEQ and program details: David Brushwein, director of municipal facilities at DEQ, described the agency’s Clean Water State Revolving Fund (Clean Water SRF) ranking process and said the SRF’s priority list can contain many projects that remain on the list for years while communities seek funding. Brushwein said a $25 million appropriation would affect roughly eight projects on DEQ’s list and that most of those are small communities replacing existing infrastructure rather than building new systems. He also confirmed that the Clean Water SRF has an emergency clause to finance projects if a community loses wastewater service.

Funding context and local capacity: Witnesses and committee members discussed how local capacity to provide a 40 percent match will limit applications. Representative Mitskog and Matt Gardner agreed many small towns cannot absorb full project costs through utility rates or special assessments; Gardner noted statewide drinking-water cost‑share programs and federal funding have historically benefited drinking‑water borrowers more than wastewater borrowers. Diane Eamonts described recent loan‑approval and loan‑forgiveness totals and showed that drinking‑water projects have received higher grant shares than clean-water projects.

Local examples and next steps: Matt Veil, finance director for the city of Horace, said his city would seek a grant if the program passes for an estimated project north of $6 million to complete a phase of sewer work that sends wastewater to Fargo for treatment. DEQ and the Public Finance Authority witnesses said the agencies will model application and ranking procedures on existing SRF practices; DEQ staff will be available to answer detailed questions on eligibility, ranking and readiness to proceed.

Outcome: The committee heard testimony in favor and neutral information from DEQ and the Public Finance Authority. No committee action or final vote on House Bill 1577 was recorded at the hearing.

Ending: Sponsors and local officials urged the committee to consider the proposal as an initial program to begin addressing statewide wastewater needs, while acknowledging the appropriation size will not fully meet the backlog of projects. The bill will return to committee for further consideration and technical questions about application criteria, prioritization and the mechanics of the 60/40 cost share.","House Bill 1577, which would create a wastewater infrastructure grant program to be administered by the North Dakota Department of Environmental Quality, was the subject of testimony before the Senate Energy and Natural Resources Committee.","actionData","errors"]

Article not found

Debate over House Bill 1258 sharpens as utilities seek state siting authority and landowners press local control

Senate committee hears bill to create wastewater grant program, sponsors, DEQ and cities outline need