Public Service Commission loses formal sign‑off on DOT rail grant/loan applications under committee recommendation

The House Transportation Committee voted to give Senate Bill 2068 a do‑pass recommendation after hearing from the Public Service Commission that the agency's role will shift from formal approver to active advisor on DOT rail grants, loans and planning.

Conrad Crockford, compliance division director for the Public Service Commission, told the committee that current Century Code provisions require the North Dakota Department of Transportation to seek PSC approval before applying for two state rail loan programs and, in practice, the PSC's formal sign‑off often occurs late in the process. The PSC recommended removing the formal approval requirement because the DOT already conducts the public outreach and planning work and the PSC participates in ongoing railroad planning meetings and advisory committees.

"The PSC is better suited for an advisory role and will continue to actively participate in NDDOT's freight advisory committee, the North Dakota long range transportation plan, monthly railroad planning meetings, along with other cooperative initiatives," Crockford said.

Committee members asked whether PSC would still be involved and whether scheduling special commission meetings had created timing bottlenecks. Crockford said PSC staff work with DOT regularly and that requiring a formal three‑member commission vote could delay time‑sensitive applications; the agency's commissioners were supportive of the proposed change.

Representative Christensen moved a do‑pass recommendation; Representative Fralick seconded. The clerk recorded the committee vote as 12‑0‑2 and the motion carried. Representative Fralick was named the bill carrier.

The change would not remove PSC participation in planning but would remove the statutory approval step, leaving DOT able to apply for federal and state rail grants and loans while keeping PSC as a consulted partner.