NWLA Comments on NDDEQ Air Quality Rulemaking
Read the attached comments of Northwest Landowners Association on Rulemaking Petition and Solicitation of Views on Administrative Rules Relating to Air Emissions from Oil and Gas Production Facilities.
DMR 2020 Rule Changes can be viewed HERE
NWLA Comments on 2019 NDIC Proposed Rules
2019 Legislative Session
NWLA Introduced Bills
- HB 1438 – Reclamation Bonds A BILL for an Act to create and enact a new section to chapter 38‑08 of the North Dakota Century Code, relating to bonds for the reclamation of well sites. Defeated on 1/29
- HB 1440 – Baseline Testing A BILL for an Act to amend and reenact section 38‑11.1‑06 of the North Dakota Century Code, relating to the protection of groundwater and other responsibilities of a mineral developer. Defeated 1/29
- HB 1490 – Landlord / Tenant A BILL for an Act to amend and reenact section 38‑11.1‑08.1 of the North Dakota Century, relating to loss of oil and gas production payments. Defeated 1/30
- SB 2254 – Wind Liens A BILL for an Act to create and enact a new section to chapter 17‑04 of the North Dakota Century Code, relating to liens and wind energy property rights. Passed Senate. Introduced in the House. House Energy and Natural Resource Committee hearing is scheduled for Friday, March 15, at 9:00AM.
- SB 2259 – Eminent Domain Valuations A BILL for an Act to amend and reenact section 32‑15‑22 of the North Dakota Century Code, relating to the valuation of property for just compensation. Defeated on 1/30
- SB 2354 – Market Value Cap A BILL for an Act to create and enact a new section to chapter 32‑03 of the North Dakota Century Code, relating to restoration of real property as a measure of damages. Defeated on 2/8
2019 Legislative Update
Call your legislators and ask them to pass SB 2259
Finance And Taxation Committee Members
Senator Dwight Cook
Senator Jim Dotzerod
Senator Dale Patten
Do you have additional questions?
Call our board members active at the Capitol:
Troy Coons, Chairman: 701.721.4258
Dave King, Vice Chairman: 701.848.6032
Amy Shelton, ED: 701.721.4446
Senator Jordan Kannianen
Senator Scott Meyer
Senator Jessica Unruh
This week at the Capitol: Jan 7-11
- Bills on Wind Liens, Eminent Domain, Reclamation Bonds, Landlord / Tenant, Market Value Cap, and Baseline Testing are the main topics NWLA is lobbying for in the 2019 Session.
- In the 66th Legislative Assembly, there are 79 republicans and 15 Democrats in the House of Representatives and 37 Republicans and 10 Democrats in the Senate. Republican and Democratic House and Senate members have selected the following leaders for the 2019 Legislative Session: House and Senate.
2019 Agriculture Committees:
- Senate Ag Committee Members Larry Luick (R) – Chairman Janne Myrdal (R) – Vice Chairman Jerry Klein (R) Oley Larsen (R) Arne Osland (R) Kathy Hogan (D) House Agriculture Committee Members Dennis Johnson (R) – Chairman Wayne A. Trottier (R) – Vice Chairman Jake G. Blum (R) Ruth Buffalo (D) Gretchen Dobervich (D) Jay Fisher (R) Craig Headland (R) Dwight Kiefert (R) Aaron McWilliams (R) David Richter (R) Bernie Satrom (R) Cynthia Schreiber-Beck (R) Kathy Skroch (R) Bill Tveit (R)
Contacting Your Legislators
- During a legislative session, a legislator can be reached at the State Capitol by leaving a message with the legislative telephone message center at (888) NDLEGIS (635-3447) or (701) 328-3373 (local). That number can also be used to obtain information on bills under consideration. A legislator can also be reached by mail or email and address rosters are posted at http://www.legis.nd.gov/contact-my-legislators.
LEGISLATIVE DEADLINES AND EVENTS
- Jan. 14 – Deadline for representatives to introduce bills
- Jan. 21 – Deadline for senators to introduce bills
- Feb. 22 – Crossover for bills
- Feb. 25-26 – Recess
- March 6 – Crossover for resolutions
- April 19 – Good Friday
- April 30 – Session is limited to 80 legislative days
- Detailed information on legislative activities is available on the Legislative Assembly website.
NWLA 2017 Impact
2017 Legislative Session
- HB 1151:The “Spill Bill” would no longer require companies to report spills of crude oil, produced water, or natural gas that are contained to a well site or production location and are less than 10 barrels (420 gallons). The current rule is to report spills of 1 barrel or more. This bill has been signed by Gov. Burgum NWLA is NOT in support of this legislation.
- SB 2236: This legislation would make permanent the Ombudsman Program, which was established in the 2015 Legislative Session through a bill that NWLA championed. NWLA is in support of this legislation. This bill was passed.
- SB 2327:This bill would create the Division of Environmental Quality. NWLA recommended consideration of an amendment to allow for ⅓ representation on the board by agricultural representatives. NWLA feels this ratio is justified by the estimation that 90% of North Dakota’s land is utilized for agricultural purposes and ¼ of our economy is agriculturally based. This bill has been approved at ⅓ representation agricultural representatives on the Division of Environmental Quality board. This legislation has been passed. NWLA is in support of this legislation.
- SB 2333:This legislation was introduced by NWLA and moved rule for DMR guidance into law 38-08. This legislation handles reclamation of all land, on and off site of oil well pads; and provides soil protection. This legislation passed and was championed by NWLA.
- HB 1244: This bill is a quick take by the water boards and will most likely be killed. This legislation did not pass. NWLA is in support of this legislation.
- HB 1020: This bill would implement taxation of fresh water sold by landowners, with funds going towards WAWS. This segment of legislation did not pass. NWLA is NOT in support of this portion of this legislation.
- SB 2313: Wind oversight and Reclamation legislation. NWLA recommendation is to have the PSC in charge. The Ombudsman program that was created in 2015 has been expanded with a memorandum of understanding for the Agricultural Department to work with PCS pipeline and wind farm development.
- SB 2331: The “Sampling Bill” relates to the protection of groundwater and other responsibilities of a mineral developer. It would require that soils and groundwater be sampled on oil and gas sites to provide a background record for spill cleanup. NWLA introduced and is in support of this legislation. This legislation did not pass.
- SB 2047:Same as HB 1244, looking to add provisions of SB 2332 (Eminent Domain compensation) to it. The amendments from SB 2332 did not pass. NWLA is in support of this legislation.
- SB 2156: The “Radioactive Waste” bill. This legislation was passed without the amendments. NWLA was in support of the bill and amendments. Amendments to this bill were added to address concerns of local elected officials representing the residents. The amendments would have made the local elected officials to the first to be notified.
- SB 2332:The “Eminent Domain Bill”. This legislation failed to pass. NWLA introduced and is in support of this legislation.
- Additional bill monitored by NWLA were, HB 1336, HB 1187, HB 1282, HB 1293, SB 2313, SB 2263, SB 2286, SB 2036, SB 2225, SB 2314, SB 2134, SB 2027.
- NWLA was able to get an amendment into the PCS budget for a wind farm study. This study will help guide the agency and aid the property owners with the effects of a wind farm.
- Through the entire legislative session, a representative from NWLA was present 85% of the time. Several meetings were held with the PCS, DMR, Health Department, Majority and Minority leaders and the Industrial Commission( Agricultural Commissioner, North Dakota Governor Burgum, and the Attorney General.)
Northwest Landowners Association NDSU Brine Spill Café talks
- NWLA sponsored three cafe style talks to educate landowners. During this open conversation between landowners and soil specialist; we discussed the severity of brine spills, what a landowner can do if they see a brine spill on their property, and the different means of reclamation used after a spill. NDSU Extension Services and the NWLA urges all landowners to report spills of any size immediately and to take pictures of the spill site.
Hydrocarbon Remediation workgroups
- Several NWLA board members are currently in negotiations for setting new guidelines for remediation and reclamation protocols; along with new standards.
- Working with counties on uncompensated right of way takings
- Mountrail County Tax equalization
- DMR Rule making
- Wind meetings
- Pipeline meetings
- Established brine spill guidelines with ND Health Department