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SB 2359

AN ACT to amend and reenact section 49-02-26 of the North Dakota Century Code, relating to qualifications for renewable electricity and recycled energy credits; and to repeal sections 49-02-28, 49-02-29, 49-02-30, 49-02-31, 49-02-32, 49-02-33, and 49-02-34 of the North Dakota Century Code, relating to the state renewable and recycled energy objectives, public reporting, qualifications and applications to the statewide objectives, the purchase and retirement of renewable energy certificates to meet the objectives, verification of generation and the purchase of certificates, and economic evaluations on the use of renewable and recycled energy.

69th Legislative Assembly (2025-26) Introduced by Keith Boehm and 4 co-sponsors

Repeals North Dakota's statewide renewable/recycled energy objectives and REC framework, ending official reporting, verification, and REC purchases; tightens hydro eligibility.

Filed with Secretary Of State 04/03
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Bill Summary · SB 2359

Summary — North Dakota SB 2359 (2025)

Status: Enacted — signed by the Governor April 2, 2025; filed with the Secretary of State April 3, 2025.
Introduced: March 12, 2025. Sponsors: Senators Patten, Kessel, Boehm; Representatives Novak, Porter. Companion: HB 3704.

Purpose

SB 2359 narrows statutory criteria for qualifying renewable electricity (including recycled energy) credits and removes several existing statutory provisions that established statewide renewable/recycled energy objectives, reporting, verification, and related procedures.

Key provisions

  • Amends NDCC § 49-02-26 (qualifications for renewable electricity and recycled energy credits):
    • Continues to require that qualifying electricity be generated from sources listed in NDCC § 49-02-25.
    • Adds a specific limitation for hydroelectric generation: hydroelectric facilities qualify only if they have an in‑service date of January 1, 2007, or later, or if the generation results from repowering or efficiency improvements to hydroelectric facilities that existed on August 1, 2007.
  • Repeals NDCC §§ 49-02-28 through 49-02-34 (inclusive). These sections previously addressed:
    • The state renewable and recycled energy objectives (targets),
    • Public reporting requirements,
    • Qualifications and application procedures for meeting statewide objectives,
    • The purchase and retirement of renewable energy certificates (RECs) to meet objectives,
    • Verification of generation and certificate purchases,
    • Economic evaluations related to use of renewable and recycled energy,
    • (One earlier version of the bill also amended § 49-02-34 reporting language, but the enacted version repeals § 49-02-34 along with the other sections.)

Who is affected

  • Electric retail providers, municipal utilities, distribution cooperatives, generation & transmission cooperatives — statutory reporting, REC purchase/retirement and objective‑tracking provisions are removed.
  • Owners/developers of hydroelectric facilities — facilities with in‑service dates before Jan. 1, 2007 generally will not qualify for renewable/recycled energy credits under § 49-02-26 unless repowered or improved as described.
  • The North Dakota Public Service Commission — statutory public reporting and data‑release duties tied to the repealed sections are eliminated.
  • Parties using RECs under the former statutory objective framework (e.g., to demonstrate compliance with state objectives) — statutory mechanisms for purchasing/retiring RECs and for verification are repealed.

Practical effect and implications

  • Eliminates the statutory framework for statewide renewable/recycled energy objectives and the accompanying administrative tools (reporting, REC procurement/retirement, verification, and economic evaluation).
  • Tightens eligibility for hydroelectric generation to count as qualifying renewable/recycled electricity credits, potentially excluding older hydro facilities unless they meet the repowering/efficiency criteria.
  • Reduces statutory reporting requirements and obligations previously placed on retail providers and the Public Service Commission; how utilities will track or demonstrate renewable energy usage going forward will depend on other statutes, rules, contracts, or voluntary programs.

Legislative/timeline notes

  • Passed the Senate (46–0) and House (83–9). Enrolled and signed by legislative leaders; Governor signed April 2, 2025; filed with Secretary of State April 3, 2025.
  • Companion bill: HB 3704.

If you want, I can: (1) list the full text of the repealed section headings, (2) compare the repealed statutory language to existing administrative rules, or (3) draft a plain‑language one‑page brief for utilities explaining immediate compliance and reporting implications.

Compiled from official sources — confirm details with the bill’s official record.

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