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HB 1211

Concerning special education funding formula.

2023-2024 Regular Session Introduced by Steve Bergquist and 5 co-sponsors

ND HB 1211 narrows qualifying hydro for renewable/recycled energy credits—only post-2007 or repowered hydro counts—shifting incentives and REC sourcing for utilities.

By resolution, reintroduced and retained in present status.
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Bill Summary · HB 1211

Summary — North Dakota HB 1211 (2025)

Status: Enacted (signed by Governor 6/20/2025); effective 9/1/2025
Subject: Amendments to renewable electricity and recycled energy credit law (NDCC ch. 49-02)

Main purpose

HB 1211 revises North Dakota law on which generation qualifies for renewable electricity and recycled energy credits and for meeting the State’s renewable objective. The bill narrows how hydroelectric generation is treated, updates cross‑references, and repeals a separate statute that previously addressed hydroelectric energy (NDCC §49‑02‑30).

Key provisions

  • Amends NDCC §49‑02‑26 (qualifying for renewable/recycled energy credits)

    • Retains that qualifying electricity must be from sources listed in §49‑02‑25.
    • Adds/clarifies that hydroelectric generation only qualifies if the facility:
    • Has an in‑service date of January 1, 2007, or later; or
    • Is “new hydroelectric generation” obtained via repowering or efficiency improvements to hydro facilities that existed on August 1, 2007.

  • Amends NDCC §49‑02‑29 (qualifying for the statewide renewable/recycled energy objective)

    • Provides that electricity qualifies toward the statewide objective except when it is:
    • Generated by a hydroelectric facility with an in‑service date before January 1, 2007, and
    • Not obtained via repowering or efficiency improvements to hydropower facilities existing on August 1, 2007.
    • Reaffirms that qualifying sources must meet Public Service Commission rules for tracking/verification of renewable energy certificates (RECs).

  • Amends NDCC §49‑02‑31 (use of RECs to meet objective)

    • Confirms that some or all of the objective may be met by purchase and retirement of RECs representing credits from qualified sources.
    • States RECs do not have to be acquired from in‑state facilities.

  • Repeals NDCC §49‑02‑30 (previous hydroelectric energy provision).

Who is affected

  • Utilities and electricity suppliers that rely on RECs to meet compliance objectives.
  • Owners/operators of hydroelectric facilities (particularly facilities placed in service before 2007).
  • Project developers and investors considering repowering or efficiency upgrades to existing hydro assets.
  • Market participants who buy, sell, or retire RECs.
  • North Dakota Public Service Commission (continues to administer tracking/verification rules).

Likely effects and policy implications

  • Older hydroelectric facilities (pre‑2007) will generally be ineligible for credits unless they undertake repowering/efficiency improvements that qualify as “new hydroelectric generation,” potentially reducing the pool of qualifying RECs from legacy hydro.
  • The change may incentivize owners of older hydro facilities to invest in upgrades to regain eligibility.
  • Utilities may need to adjust procurement strategies (including greater reliance on out‑of‑state RECs, which remain allowable) to meet objectives.
  • Administrative effect: PSC REC tracking and verification rules remain central to implementation.

Timeline / procedural notes

  • Introduced: Filed 11/12/2024 (House Bill No. 1211)
  • Passed both chambers (record votes documented)
  • Signed by Governor: June 20, 2025
  • Effective date: September 1, 2025

Code sections affected: NDCC §§49‑02‑26, 49‑02‑29, 49‑02‑31 (amended); §49‑02‑30 (repealed).

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

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