N.D. Cent. Code § 17-01-01 — ND Code / Title 17 / Chapter 17-01 / Section 17-01-01
17-01-01. Low-emission technology
Status: in_force

17-01-01. Low-emission technology

The legislative assembly adopts the low-emission technology initiative with the goal that the

agricultural, forestry, natural resources, and working land of the United States should provide

energy from low-emission technology and continue to produce safe, abundant, and affordable

food, fuel, feed, and fiber. Increasing America's low-emission technology use will bring new

advancements to market and save consumers money, reduce the nation's dependence on oil

from the Middle East, create good new jobs in rural America, clean up the air, reduce urban

smog, and address global warming issues. As used in this initiative, low-emission technology

includes biofuels, solar, wind, hydropower, geothermal, carbon recycling, carbon sequestration,

use of waste heat, recycling, hydrogen, coal, oil, natural gas, and energy efficiency initiatives.

Investing and acknowledging a commitment to low-emission technology allows the state to use

its abundant natural resources for the benefit of current and future generations. This initiative

provides North Dakota consumers with affordable, reliable, resilient, and sustainable energy for

the benefit of the state's economy and communities.
N.D. Cent. Code § 17-06-12 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-12
17-06-12. Continuing appropriation
Status: in_force

17-06-12. Continuing appropriation

The council shall forward all moneys received under this chapter to the state treasurer for

deposit in the ethanol fund. All moneys in the ethanol fund are appropriated on a continuing

basis to the council to carry out this chapter.
N.D. Cent. Code § 17-04-07 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-07
17-04-07. Wind energy facility liens
Status: in_force

17-04-07. Wind energy facility liens

For any wind turbine and associated facilities that are part of an electric energy conversion

facility designed for or capable of generation by wind energy conversion exceeding one-half

megawatt of electricity and for which a lien is provided under chapter 35-27, the lien is upon

only the improvement and not upon the land.
N.D. Cent. Code § 17-06-10 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-10
17-06-10. Refund of assessment
Status: in_force

17-06-10. Refund of assessment

1. To receive a refund of any assessment paid in accordance with this chapter, a

producer shall submit to the council a written request for a refund application within

sixty days after the conclusion of each calendar quarter.

2. The producer shall complete the refund application and return the application to the

council, together with a record of the assessment collected, within ninety days after the

conclusion of each calendar quarter. The council shall then refund the net amount of

the assessment that had been collected.

3. If a request for a refund is not submitted to the council within the prescribed time

period, the producer is presumed to have agreed to the assessment.
N.D. Cent. Code § 17-05-03 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-03
17-05-03. Definitions
Status: in_force

17-05-03. Definitions

As used in this chapter:

1. "Authority" means the industrial commission acting as the North Dakota transmission

authority.

2. "Commission" means the industrial commission.

3. "Notice of intent" means the notice a person delivers to the authority indicating

willingness to construct transmission facilities contemplated by the authority or to

provide services fulfilling the need for such transmission facilities.

4. "Project area" means the geographic area in which construction of a transmission

facility contemplated by the authority is likely to occur.

5. "Transmission facilities" means electric transmission lines and substations, and related

structures, equipment, rights of way, and works of public improvement, located within

and outside this state, excluding electric generating facilities.
N.D. Cent. Code § 17-05-08 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-08
17-05-08. Evidences of indebtedness
Status: in_force

17-05-08. Evidences of indebtedness

1. Evidences of indebtedness of the authority must be authorized by resolution of the

industrial commission and may be issued in one or more series and must bear such

date or dates, mature at such time or times, bear interest at such rate or rates of

interest per year, be in such denomination or denominations, be in such form, either

coupon or registered, carry such conversion or registration privileges, have such rank

or priority, be executed in such manner, be payable from such sources in such medium

of payment at such place or places within or without the state, and be subject to such

terms of redemption, with or without premium, as such resolution or resolutions may

provide. Evidences of indebtedness of the authority are to mature not more than forty

years from the date of issue. Evidences of indebtedness of the authority may be sold

at such time or times and at such price or prices as the authority determines.

2. Evidences of indebtedness and grants, loans, or other forms of financial assistance

issued by the authority are payable solely from:

a. Revenues that may be received by the authority from transmission facilities,

services, or activities funded under this chapter with the proceeds of the

authority's evidences of indebtedness, subject only to prior payment of the

reasonable and necessary expenses of operating and maintaining such

transmission facilities except depreciation.

b. Amounts received by the authority under loans authorized under this chapter.

c. Revenues received by the authority under this chapter from any source other

than general tax revenues.

3. The evidences of indebtedness are not subject to taxation by the state or any of its

political subdivisions and do not constitute a debt of the state of North Dakota within

the meaning of any statutory or constitutional provision and must contain a statement

to that effect on their face.

4. The authority may establish and maintain a reserve fund for evidences of

indebtedness issued under this chapter. There must be deposited in the reserve fund:

a. All moneys appropriated by the legislative assembly to the authority for the

purpose of the reserve fund.

b. All proceeds of evidences of indebtedness issued under this chapter required to

be deposited in the reserve fund by the terms of any contract between the

authority and the holders of its evidences of indebtedness or any resolution of the

authority.

c. Any lawfully available moneys of the authority which it may determine to deposit

in the reserve fund.

d. Any moneys from any other source made available to the authority for deposit in

the reserve fund or any contractual right to the receipt of moneys by the authority

for the purpose of the fund, including a letter of credit, surety bond, or similar

instrument.

5. The authority must include in its biennial request to the office of the budget the

amount, if any, necessary to restore any reserve fund established under this section to

an amount equal to the amount required to be deposited in the fund by the terms of

any contract or resolution approved by the commission.

6. The commission may approve a resolution for the issuance of bonds as provided in

this section which states in substance that this subsection is applicable to any required

debt service reserve for bonds issued under that resolution in an aggregate amount

not to exceed two hundred forty million dollars plus costs of issuance, credit

enhancement, and any reserve funds required by agreements with or for the benefit of

holders of the evidences of indebtedness for the purposes for which the authority is

created under this chapter. The amount of any refinancing, however, may not be

counted toward the two hundred forty million dollar limitation to the extent the amount

does not exceed the outstanding amount of the obligations being refinanced. No more

than thirty percent of the total project costs or the appraised value, whichever is

greater, for any single transmission facility project may be financed by bonds issued

under this section which are supported by the debt service reserve fund approved by

the commission under this subsection. To ensure the maintenance of the required debt

service reserve fund approved by the commission under this subsection, the legislative

assembly shall appropriate and pay to the authority for deposit in the reserve fund any

sum, certified by the commission as necessary to restore the reserve fund to an

amount equal to the required debt service reserve fund approved by the commission.

7. Any pledge of revenue made by the industrial commission as security for the

authority's evidences of indebtedness is valid and binding from time to time when the

pledge is made. The revenues or other moneys so pledged and thereafter received by

the authority are immediately subject to the lien of any such pledge without any

physical delivery thereof or further act, and the lien of any such pledge is valid and

binding as against all parties having claims of any kind in tort, contract or otherwise

against the authority, regardless of whether such parties have notice thereof. Neither

the resolution nor any other instrument by which a pledge is created need be filed or

recorded, except in the records of the authority.

8. The authority is authorized and empowered to obtain from any entity of the state, any

department or agency of the United States, or any nongovernmental insurer any

insurance, guaranty, or liquidity facility, or from a financial institution a letter of credit to

the extent such insurance, guaranty, liquidity facility, or letter of credit now or hereafter

available, as to, or for, the payment or repayment of, interest or principal, or both, or

any part thereof, on any evidences of indebtedness issued by the authority pursuant to

this chapter, and to enter into any agreement or contract with respect to any such

insurance, guaranty, letter of credit, or liquidity facility, and pay any required fee,

unless the same would impair or interfere with the ability of the authority to fulfill the

terms of any agreement made with the holders of its evidences of indebtedness.

9. After issuance, all evidences of indebtedness of the authority are conclusively

presumed to be fully authorized and issued under the laws of the state, and any

person or governmental unit is estopped from questioning their authorization, sale,

issuance, execution, or delivery by the authority.

10. When the authority has issued evidences of indebtedness and pledged the revenues

of the transmission facilities for the payment thereof as herein provided, the authority

shall operate and maintain the transmission facilities and shall impose and collect fees

and charges for the services furnished by the transmission facilities, including those

furnished to the authority itself, in the amounts and at the rates as are fully sufficient at

all times to:

a. Pay the expenses of operating and maintaining the transmission facilities;

b. Provide a debt service fund sufficient to assure the prompt payment of principal

and interest on the evidences of indebtedness at maturity; and

c. Provide a reasonable fund for contingencies as may be required by the resolution

authorizing the evidences of indebtedness.
N.D. Cent. Code § 17-04-06 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-06
17-04-06. Requirements for wind easements and wind energy leases
Status: in_force

17-04-06. Requirements for wind easements and wind energy leases

1. In a wind easement and a wind energy lease, the easement and lease:

a. Must be delivered to the property owner with a cover page containing the

following paragraph with the correct term of years in the blank and in at least

sixteen-point type:

Special message to property owners

This is an important agreement our lawyers have drafted that will bind you

and your land for up to ________ years. We will give you enough time to

study and thoroughly understand it. We strongly encourage you to hire a

lawyer to explain this agreement to you. You may talk with your neighbors

about the wind project and find out if they also received a proposed contract.

You and your neighbors may choose to hire the same attorney to review the

agreement and negotiate changes on your behalf.

b. May not be executed by the parties until at least ten business days after the first

proposed easement or lease has been delivered to the property owner.

c. May not require either party to maintain the confidentiality of any negotiations or

the terms of any proposed lease or easement except that the parties may agree

to a mutual confidentiality agreement in the final executed lease or easement.

d. Must preserve the right of the property owner to continue conducting business

operations as currently conducted for the term of the agreement. When a wind

energy facility is being constructed and when it is completed, the property owner

must make accommodations to the developer, owner, or operator of the facility for

the facility's business operations to allow the construction and operation of the

wind energy facility.

e. May not make the property owner liable for any property tax associated with the

wind energy facility or other equipment related to wind energy generation.

f. May not make the property owner liable for any damages caused by the wind

energy facility and equipment or the operation of the generating facility and

equipment, including liability or damage to the property owner or to third parties.

g. Must obligate the developer, owner, and operator of the wind energy facility to

comply with federal, state, and local laws and regulations and may not make the

property owner liable in the case of a violation.

h. Must allow the property owner to terminate the agreement if the wind energy

facility has not operated for a period of at least three years unless the property

owner receives the normal minimum lease payments that would have occurred if

the wind energy facility had been operating during that time. For the purposes of

this subdivision, the term "normal minimum lease payments" means a payment in

the lease or easement called a "base amount" or "minimum payment", or similar

language, or if this language is not provided for in the lease or easement,

payments at least equal to the periodic payments received by the property owner

in the last calendar year that the wind energy facility was in full operation.

i. Must state clearly any circumstances that will allow the developer, owner, and

operator of the wind energy facility to withhold payments from the property owner.

2. The owner of the wind energy facility shall carry general liability insurance relating to

claims for property damage or bodily injury arising out of the construction or operation

of the wind energy facility project site and may include the property owner as an

additional insured on the policy.

3. If the terms of the wind easement or wind energy lease are not in accordance with this

section, the court may reform the easement or lease in accordance with this section,

void the easement or lease, or order any relief allowed by law.
N.D. Cent. Code § 17-04-05 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-05
17-04-05. Wind energy leases - Termination
Status: in_force

17-04-05. Wind energy leases - Termination

1. A lease for wind energy purposes is void and terminates if the following have not

occurred with respect to the property that is the subject of the lease within five years

after the lease commences:

a. A certificate of site compatibility or conditional use permit has been issued, if

required; and

b. A transmission interconnection request is in process and not under suspension.

2. A wind lease is presumed to be abandoned if a period of thirty-six consecutive months

has passed with no construction or operation of the wind farm facility. If the operator of

the wind farm facility does not file a plan with the public service commission outlining

the steps and schedule for continuing construction or operation of the facility within the

thirty-six month period, the owner of the energy rights may provide, by certified mail or

other personal delivery to the owner of the wind easement, a sixty-day written notice of

the intent to terminate the lease. If, within sixty days of the receipt of the notice of the

intent to terminate, the owner of the lease fails to provide a written objection to the

notice by certified mail or other personal delivery, the owner of the energy rights may

file a notice of termination with the county recorder in the county in which the real

property is located. Termination of the easement becomes effective when the notice of

termination is filed and recorded with the county recorder.
N.D. Cent. Code § 17-06-07 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-07
17-06-07. Assessment
Status: in_force

17-06-07. Assessment

An assessment at the rate of three one-hundredths of one cent per gallon is imposed upon

all ethanol produced and sold in this state.
N.D. Cent. Code § 17-05-14 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-14
17-05-14. Access to authority records - Confidentiality
Status: in_force

17-05-14. Access to authority records - Confidentiality

1. Materials and data submitted to, or made or received by, the authority, to the extent

that the authority determines the materials or data consist of trade secrets or

commercial, financial, or proprietary information of individuals or entities applying to or

contracting with the authority or receiving authority services under this chapter are

subject to section 44-04-18.4.

2. A person or entity must file a request with the authority to have material designated as

confidential under subsection 1. A request to have material designated as confidential

is exempt as defined in section 44-04-17.1. The request must contain any information

required by the authority and must include at least:

a. A general description of the nature of the information sought to be protected.

b. An explanation of why the information derives independent economic value,

actual or potential, from not being generally known to other persons.

c. An explanation of why the information is not readily ascertainable by proper

means by other persons.

d. A general description of any person or entity that may obtain economic value from

disclosure or use of the information and how the person or entity may obtain this

value.

e. A description of the efforts used to maintain the secrecy of the information.

3. The information submitted under subsection 2 is confidential. The authority shall

examine the request and determine whether the information is relevant to the matter at

hand and is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If

the authority determines the information is either not relevant or not a trade secret, the

authority shall notify the requester and the requester may ask for the return of the

information and request within ten days of the notice. If no return is sought, the

information and request are a public record.
N.D. Cent. Code § 17-05-09 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-09
17-05-09. Public service commission jurisdiction and consultation
Status: in_force

17-05-09. Public service commission jurisdiction and consultation

1. The authority and the transmission facilities built under this chapter, until sold or

disposed of by the authority, are exempt from the provisions of title 49 except for

chapters 49-22 and 49-22.1. Upon sale or disposal by the authority, transmission

facilities built under this chapter are subject to the provisions of title 49.

2. The authority shall consult with the public service commission with respect to the rates

charged by the authority for use of its transmission facilities and such rates must

thereafter be considered just and reasonable in proceedings before the public service

commission pursuant to section 49-05-06.

3. The authority shall conduct its activities in consultation with transmission providers,

wind interests, the lignite research council, and other persons having relevant

expertise.
N.D. Cent. Code § 17-06-01 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-01
17-06-01. Definitions
Status: in_force

17-06-01. Definitions

As used in this chapter:

1. "Council" means the North Dakota ethanol council.

2. "Producer" means the owner of a facility that is located in this state and which

produces annually more than one million gallons of agriculturally derived denatured

ethanol that is suitable for blending with a petroleum product for use in internal

combustion engines.
N.D. Cent. Code § 17-06-02 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-02
17-06-02. Council - Membership - Election - Term
Status: in_force

17-06-02. Council - Membership - Election - Term

1. The council consists of one individual appointed by each producer.

2. Each member of the council must be employed by a producer in the state.

3. The term of each member is four years and begins on April first following the members'

appointment. The terms must be staggered by the council to ensure that an

approximately equal number of appointments expire each year.

4. If at any time during a member's term the member ceases to possess any of the

qualifications provided by this section, the member's office is deemed vacant and the

producer who appointed that member shall appoint another qualified individual for the

remainder of the term.
N.D. Cent. Code § 17-05-01 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-01
17-05-01. Declaration of findings and public purpose
Status: in_force

17-05-01. Declaration of findings and public purpose

The legislative assembly finds and declares that:

1. North Dakota has twenty-five billion tons of abundant, recoverable lignite coal

reserves, enough to last eight hundred years at today's thirty million tons of annual

production.

2. The lignite industry presently generates electricity for more than two million people in

the northern great plains region and there is increased regional demand for

development of North Dakota's lignite resources.

3. North Dakota has enormous wind resources, providing additional economic

opportunity to broaden and diversify the state's economy and diversify the region's

energy supply, and that timely development of these resources will stabilize and

increase revenues to the state.

4. Transmission constraints impede the development of the state's lignite and wind

resources.

5. An essential governmental function and public purpose is to assist with the removal of

electric transmission export constraints and to assist with upgrading and expansion of

the region's electrical transmission grid to facilitate the development of the state's

abundant natural resources.

6. Developing and exporting our natural resources will promote the public interest by

increasing employment, stimulating economic activity, augmenting sources of tax

revenue, fostering economic stability, and improving the state's economy.

7. State ownership of electrical transmission facilities may not exceed the extent and

duration necessary or useful to promote the public interest.
N.D. Cent. Code § 17-05-11 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-11
17-05-11. Disposal of transmission facilities
Status: in_force

17-05-11. Disposal of transmission facilities

1. Before becoming an owner or partial owner of a transmission facility, the authority shall

develop a plan identifying:

a. The public purposes of the authority's ownership;

b. Conditions that would make the authority's ownership no longer necessary for

accomplishing those public purposes; and

c. A plan to divest the authority's ownership interest as soon as economically

prudent once those conditions occur.

2. For transmission facilities that are leased to another entity by the authority, at the end

of the lease, absent default by the lessee, the authority shall convey its interest in the

transmission facilities to the lessee.

3. For transmission facilities that are owned by the authority without a lessee, the

authority shall divest itself of ownership as soon as economically prudent in

accordance with the divestiture plan developed pursuant to subsection 1.
N.D. Cent. Code § 17-03-01 — ND Code / Title 17 / Chapter 17-03 / Section 17-03-01
17-03-01. Definitions
Status: in_force

17-03-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Biodiesel production facility" means a producer of a fuel composed of mono-alkyl

esters of long chain fatty acids derived from vegetable oil or animal fats that meets

American society for testing and materials specification D 6751. The facility must be

located in this state.

2. "Biofuel partnership in assisting community expansion fund" or "fund" means a fund

established to buy down the interest rate on loans to biodiesel, ethanol, and green

diesel production facilities and to value-added operations as provided under this

chapter.

3. "Ethanol production facility" means a producer of agriculturally derived denatured

ethanol that is suitable for blending with a petroleum product for use in internal

combustion engines. The facility must be located in this state.

4. "Green diesel production facility" means a producer of a fuel produced from nonfossil

renewable resources, including agricultural or silvicultural plants, animal fats, residue,

and waste generated from the production, processing, and marketing of agricultural

products, silvicultural products, and other renewable resources, which meets

applicable American society for testing and materials specifications. The facility must

be located in this state.

5. "Value-added operation" includes a producer that engages in dairy and milking or

feeding of animals or poultry which enhances the value before sale into the

marketplace.
N.D. Cent. Code § 17-06-13 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-13
17-06-13. Penalty
Status: in_force

17-06-13. Penalty

Any person willfully violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 17-05-02 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-02
17-05-02. North Dakota transmission authority
Status: in_force

17-05-02. North Dakota transmission authority

There is created the North Dakota transmission authority, which shall be governed by the

industrial commission.
N.D. Cent. Code § 17-06-05 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-05
17-06-05. Council - Powers
Status: in_force

17-06-05. Council - Powers

1. The council may:

a. Expend moneys collected pursuant to this chapter for its administration;

b. Employ, bond, and compensate necessary personnel;

c. Accept gifts, grants, and donations of money, property, and services to carry out

this chapter;

d. Contract with any person for any purpose permitted under this chapter;

e. Sue and be sued; and

f. Do all things necessary and proper to enforce and administer this chapter.

2. The council may not engage in a commercial business enterprise.
N.D. Cent. Code § 17-05-10 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-10
17-05-10. Bonds as legal investments
Status: in_force

17-05-10. Bonds as legal investments

The bonds of the authority are legal investments which may be used as collateral for public

funds of the state, insurance companies, banks, savings and loan associations, investment

companies, trustees, and other fiduciaries which may properly and legally invest funds in their

control or belonging to them in bonds of the authority. The state investment board may invest in

bonds of the authority in an amount specified by the state investment board.
N.D. Cent. Code § 17-05-04 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-04
17-05-04. Purposes
Status: in_force

17-05-04. Purposes

The purpose for which the authority is created is to diversify and expand the North Dakota

economy by facilitating development of transmission facilities to support the production,

transportation, and utilization of North Dakota electric energy.
N.D. Cent. Code § 17-06-11 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-11
17-06-11. Expenditure of funds
Status: in_force

17-06-11. Expenditure of funds

The council shall approve all expenditures made pursuant to this chapter. The expenditures

must be recorded as directed by the office of management and budget.
N.D. Cent. Code § 17-05-07 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-07
17-05-07. Authority may participate upon request
Status: in_force

17-05-07. Authority may participate upon request

The authority may participate in a transmission facility through financing, planning, joint

ownership, or other arrangements at the request of a person giving a notice of intent.
N.D. Cent. Code § 17-04-01 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-01
17-04-01. Wind option agreement - Definition - Termination
Status: in_force

17-04-01. Wind option agreement - Definition - Termination

1. A wind option agreement is a contract in which the owner of property gives another the

right to produce energy from wind power on that property at a fixed price within a time

period not to exceed five years on agreed terms.

2. A wind option agreement is void and terminates if the following have not occurred with

respect to the property that is the subject of the wind option agreement within five

years after the wind option agreement commences:

a. A certificate of site compatibility or conditional use permit has been issued, if

required; and

b. A transmission interconnection request is in process and not under suspension.

3. If the requirements of subsection 2 are not met by the owner of the wind option

agreement, the owner of the energy rights may provide to the owner of the wind option

agreement a notice of termination, by certified mail or other personal delivery, and file

the notice with the county recorder in the county in which the real property is located.

Termination of the wind option agreement is effective five years after the wind option

commences.
N.D. Cent. Code § 17-04-04 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-04
17-04-04. Severance of wind energy rights limited
Status: in_force

17-04-04. Severance of wind energy rights limited

Except for a wind easement created under section 17-04-03 and as otherwise provided in

this section, an interest in a resource located on a tract of land and associated with the

production of energy for wind power on the tract of land may not be severed from the surface

estate. However, nothing in this section may be construed to prohibit or limit the right of a seller

of real estate to retain any payments associated with an existing wind energy project.
N.D. Cent. Code § 17-05-05 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-05
17-05-05. Powers
Status: in_force

17-05-05. Powers

The authority has all powers necessary to carry out the purposes of this chapter, including

the power to:

1. Make grants or loans and to provide other forms of financial assistance as necessary

or appropriate for the purposes of this chapter;

2. Make and execute contracts and all other instruments necessary or convenient for the

performance of its powers and functions under this chapter;

3. Borrow money and issue evidences of indebtedness as provided in this chapter;

4. Receive and accept aid, grants, or contributions of money or other things of value from

any source, including aid, grants, or contributions from any department, agency, or

instrumentality of the United States, subject to the conditions upon which the aid,

grants, or contributions are made and consistent with the provisions of this chapter;

5. Issue and sell evidences of indebtedness in an amount or amounts as the authority

may determine, but not to exceed eight hundred million dollars, plus costs of issuance,

credit enhancement, and any reserve funds required by agreements with or for the

benefit of holders of the evidences of indebtedness for the purposes for which the

authority is created under this chapter, provided that the amount of any refinancing

shall not be counted toward such eight hundred million dollar limitation to the extent it

does not exceed the outstanding amount of the obligations being refinanced;

6. Refund and refinance its evidences of indebtedness;

7. Make and execute interest rate exchange contracts;

8. Enter lease-sale contracts;

9. Pledge any and all revenues derived by the authority under this chapter or from a

transmission facility, service, or activity funded under this chapter to secure payment or

redemption of the evidences of indebtedness;

10. To the extent and for the period of time necessary for the accomplishment of the

purposes for which the authority was created, plan, finance, develop, acquire, own in

whole or in part, lease, rent, and dispose of transmission facilities;

11. Enter contracts to construct, maintain, and operate transmission facilities;

12. Consult with the public service commission, regional organizations, and any other

relevant state or federal authority or persons as necessary and establish reasonable

fees, rates, tariffs, or other charges for transmission facilities and all services rendered

by the authority;

13. Lease, rent, and dispose of transmission facilities owned pursuant to this chapter;

14. Investigate, plan, prioritize, and propose corridors of the transmission of electricity;

15. Participate in and join regional transmission organizations;

16. Participate in studies of transmission options for the purpose of identifying

opportunities for private transmission investment or private public investment options

in transmission which will increase opportunity for export from the state consistent with

maintaining a stable grid for the load serving entities in North Dakota; and

17. Do any and all things necessary or expedient for the purposes of the authority

provided in this chapter.
N.D. Cent. Code § 17-06-08 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-08
17-06-08. Calculation of assessment - Records
Status: in_force

17-06-08. Calculation of assessment - Records

1. Each producer shall calculate the assessment imposed by section 17-06-07 at the

time of sale.

2. Each producer shall keep documents regarding its ethanol production and sales for a

period of three years. The producer shall make these records available to the council

for examination upon request.

3. No later than thirty days after the conclusion of each calendar quarter, each producer

shall file with the council a report stating the quantity of ethanol produced and the

quantity sold during the preceding quarter.
N.D. Cent. Code § 17-05-13 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-13
17-05-13. Reporting requirements
Status: in_force

17-05-13. Reporting requirements

1. The authority shall deliver a written report on its activities to the legislative council

each biennium. The authority shall provide an annual report to the industrial

commission detailing activities and expenditures incurred during the preceding year.

2. The authority shall deliver a written report on the status of the resilience of the electric

grid to the legislative council and the industrial commission by September 1, 2022, and

annually thereafter. The report must be forwarded by the industrial commission to the

regional transmission operators in the state.

a. The information for the report should be collected from publicly available

information to the extent possible. If public information is unavailable, the

authority shall request a generation facility and a transmission owner to provide

the information needed to complete the report.

b. The report may be a short-term and long-term projection of the following:

(1) The adequacy of the state's electric grid to meet the demands of load within

the state and to continue to export electricity from the state;

(2) The resilience of the state's electric grid, including local resilience; and

(3) The plans of generation owners, developers, or operators to add or remove

generation assets connected to an independent system or regional

transmission operator in excess of an aggregate of twenty-five megawatts.
N.D. Cent. Code § 17-06-09 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-09
17-06-09. Submission of assessments - Civil penalty
Status: in_force

17-06-09. Submission of assessments - Civil penalty

1. Each producer shall forward to the council all assessments imposed by section

17-06-07 within thirty days after the conclusion of each calendar quarter.

2. If a producer fails to submit the assessments as required by this section, the council

may impose a penalty equal to ten percent of the amount due, plus interest at the rate

of twelve percent per annum from the due date.
N.D. Cent. Code § 17-03-04 — ND Code / Title 17 / Chapter 17-03 / Section 17-03-04
17-03-04. Fund moneys - Eligible uses
Status: in_force

17-03-04. Fund moneys - Eligible uses

1. a. The fund moneys may be used to participate in an interest rate buydown on a

loan to a biodiesel, ethanol, or green diesel production facility or to a value-added

operation for the following eligible uses:

(1) Purchase or construction of real property.

(2) Expansion of facilities.

(3) Purchase or installation of equipment, including a biodigester system.

b. The loan funds may not be used to refinance any existing debt or for the

relocation within this state of the biodiesel, ethanol, or green diesel production

facility or the value-added operation.

2. a. The maximum amount from the fund in the interest rate buydown for a biodiesel,

ethanol, or green diesel production facility may not exceed five hundred thousand

dollars to any single biodiesel, ethanol, or green diesel production facility under

this chapter.

b. Except as provided in subdivision c, the maximum amount from the fund in the

interest rate buydown for a value-added operation may not exceed two hundred

fifty thousand dollars to any single value-added operation under this chapter.

c. If a value-added operation has reached the limit provided for in subdivision b as a

result of any activity other than the purchase or installation of a biodigester, that

operation is entitled to receive from the fund up to two hundred fifty thousand

dollars as an additional interest rate buydown on the operation's purchase or

installation of a biodigester system.

3. The fund participation is limited to the amount required to buy down the interest to five

hundred basis points below the national prime interest rate.

4. The Bank of North Dakota shall adopt rules to implement this chapter.
N.D. Cent. Code § 17-03-02 — ND Code / Title 17 / Chapter 17-03 / Section 17-03-02
17-03-02. Biofuel partnership in assisting community expansion fund - Continuing appropriation - Administration
Status: in_force

17-03-02. Biofuel partnership in assisting community expansion fund - Continuing

appropriation - Administration.

Effective July 1, 2007, the biodiesel partnership in assisting community expansion fund

becomes the biofuel partnership in assisting community expansion fund. All moneys transferred

into the fund, interest on fund moneys, and payments to the fund are appropriated for the

purposes of this chapter. This fund is not subject to section 54-44.1-11. The Bank of North

Dakota shall administer the fund. Notwithstanding any other provision of law, the Bank may

transfer any unobligated moneys between funds that have been appropriated by the legislative

assembly for interest buydown in the biofuel partnership in assisting community expansion fund

and the partnership in assisting community expansion fund. The fund must be audited annually

pursuant to section 6-09-29, and the cost of the audit must be paid from the fund.
N.D. Cent. Code § 17-05-12 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-12
17-05-12. Exemption from property taxes
Status: in_force

17-05-12. Exemption from property taxes

Transmission facilities built under this chapter are exempt from property taxes for a period

determined by the authority not to exceed the first five taxable years of operation; after this initial

period, transmission lines of two hundred thirty kilovolts or larger and the transmission lines'

associated transmission substations remain exempt from property taxes but are subject to a per

mile tax at the full per mile rate and subject to the same manner of imposition and allocation as

the per mile tax imposed by section 57-33.2-02 without application of the discounts provided in

that section.
N.D. Cent. Code § 17-03-03 — ND Code / Title 17 / Chapter 17-03 / Section 17-03-03
17-03-03. Fund - Purpose - Interest rate buydown
Status: in_force

17-03-03. Fund - Purpose - Interest rate buydown

Moneys in the fund must be used for the purpose of buying down the interest rate on loans

made by a lead financial institution in participation with the Bank of North Dakota. The Bank of

North Dakota's participation may not exceed eighty percent nor be less than fifty percent of the

total loans.
N.D. Cent. Code § 17-04-02 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-02
17-04-02. Wind easement - Definition
Status: in_force

17-04-02. Wind easement - Definition

For purposes of sections 17-04-03 and 17-04-04, the term wind easement means a right,

whether stated in the form of a restriction, easement, covenant, or condition, in a deed, will, or

other instrument executed by or on behalf of an owner of land or airspace for the purpose of

ensuring adequate exposure of a wind power system to the winds.
N.D. Cent. Code § 17-03-05 — ND Code / Title 17 / Chapter 17-03 / Section 17-03-05
17-03-05. Partnership in assisting community expansion fund incentive limitation
Status: in_force

17-03-05. Partnership in assisting community expansion fund incentive limitation

A biodiesel production facility, ethanol, or green diesel production facility that receives

interest buydown from the biofuel partnership in assisting community expansion fund is not

eligible to receive interest buydown from the partnership in assisting community expansion fund

for the same project during the same biennium.
N.D. Cent. Code § 17-06-04 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-04
17-06-04. Council members - Compensation
Status: in_force

17-06-04. Council members - Compensation

Each member of the council is entitled to receive compensation in the amount established

by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for

expenses as provided by law for state officers if the member is attending meetings or

performing duties directed by the council.
N.D. Cent. Code § 17-04-03 — ND Code / Title 17 / Chapter 17-04 / Section 17-04-03
17-04-03. Wind easements - Creation - Term - Development required
Status: in_force

17-04-03. Wind easements - Creation - Term - Development required

1. A property owner may grant a wind easement in the same manner and with the same

effect as the conveyance of an interest in real property.

2. The easement runs with the land benefited and burdened and terminates upon the

conditions stated in the easement, however:

a. The easement is void if the following have not occurred with respect to the

property that is the subject of the easement within five years after the easement

commences:

(1) A certificate of site compatibility or conditional use permit has been issued, if

required; and

(2) A transmission interconnection request is in process and not under

suspension.

b. A wind easement is presumed to be abandoned if a period of thirty-six

consecutive months has passed with no construction or operation of the wind

farm facility. If the operator of the wind farm facility does not file a plan with the

public service commission outlining the steps and schedule for continuing

construction or operation of the facility within the thirty-six month period, the

owner of the energy rights may provide, by certified mail or other personal

delivery to the owner of the wind easement, a sixty-day written notice of the intent

to terminate the easement. If, within sixty days of the receipt of the notice of the

intent to terminate, the owner of the easement fails to provide a written objection

to the notice by certified mail or other personal delivery, the owner of the energy

rights may file a notice of termination with the county recorder in the county in

which the real property is located. Termination of the easement becomes effective

when the notice of termination is filed and recorded with the county recorder.
N.D. Cent. Code § 17-06-03 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-03
17-06-03. Election of chairman - Meetings
Status: in_force

17-06-03. Election of chairman - Meetings

1. Annually, the council shall elect one member to serve as the chairman.

2. The chairman shall call all meetings of the council and shall call a special meeting of

the council within seven days when petitioned to do so by three council members.
N.D. Cent. Code § 17-06-06 — ND Code / Title 17 / Chapter 17-06 / Section 17-06-06
17-06-06. Council - Duties
Status: in_force

17-06-06. Council - Duties

1. The council shall determine the uses to which any moneys raised under this chapter

may be expended. The uses may include:

a. The funding of research, education programs, promotion, and market

development efforts; and

b. The support of state, regional, national, and international entities that promote

ethanol utilization.

2. The council shall develop and disseminate information regarding the purpose of the

ethanol assessment and ways in which the assessment benefits producers.
N.D. Cent. Code § 17-05-06 — ND Code / Title 17 / Chapter 17-05 / Section 17-05-06
17-05-06. Authority may act
Status: in_force

17-05-06. Authority may act

1. The authority shall coordinate its plans for transmission facilities with regional

organizations having transmission planning responsibilities for the project area.

2. Before exercising its powers to construct transmission facilities granted to it in this

chapter, the authority shall publish, in a newspaper of general circulation in North

Dakota and in a newspaper in the project area, a notice describing the need for

transmission facilities contemplated by the authority. Persons willing to construct the

transmission facilities or furnish services to satisfy the needs described in the notice

have a period of one hundred eighty days from the date of last publication of the notice

within which to deliver to the authority a notice of intent. After receipt of a notice of

intent, the authority may not exercise its powers to construct transmission facilities

unless the authority finds that exercising its authority would be in the public interest. In

making such a finding the authority shall consider factors including economic impact to

the state, economic feasibility, technical performance, reliability, past performance, and

the likelihood of successful completion and ongoing operation.

3. The authority may require a person giving a notice of intent to provide a bond and to

submit a plan for completion of the transmission facilities or commencement of

services within a period of time acceptable to the authority. If no person submits an

adequate plan or bond as required by the authority, the authority may proceed with

contracting for construction of the facility described in the authority's published notice.