HB 1400 — Relating to conservation easements and leaseholds; and to amend and reenact sections 4.1‑01‑21, 4.1‑01‑21.1, and 49‑22‑09.2 of the North Dakota Century Code, relating to the federal environmental law impact review fund, the environmental impact mitigation fund, and mitigating environmental impacts; and to declare an emergency.
Last action — Filed with Secretary Of State 03/31
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 13, 2025. Enacted.
Signed by Governor Kelly Armstrong (Republican) on April 01, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
AN ACT to create and enact a new section to chapter 4.1-01 of the North Dakota Century Code, relating to conservation easements and leaseholds; and to amend and reenact sections 4.1-01-21, 4.1-01-21.1, and 49-22-09.2 of the North Dakota Century Code, relating to the federal environmental law impact review fund, the environmental impact mitigation fund, and mitigating environmental impacts; and to declare an emergency.
Bill Text
What changed in the latest version
114 added · 108 removedPlain-language change summary
The recent amendments to HB 1400 include the addition of language clarifying the continuing appropriation and investment of the federal environmental law impact review fund. Specifically, it ensures that any money in the fund, including gifts and interest earnings, is automatically available for environmental purposes as outlined in earlier sections of the law. This change is significant because it streamlines funding for environmental reviews and initiatives, allowing for a more efficient response to federal environmental regulations. Overall, it supports proactive environmental management in North Dakota.
25.1091.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.
1400 Introduced(Representatives by Representatives Brandenburg, Grueneich, Headland, Kempenich, Pyle, Schreiber-BeckSchreiber-Beck) Senators(Senators Conley, Erbele, Kessel, Wanzek, WeberWeber) AAN BILLACT for an Act to create and enact a new section to chapter 4.1-01 of the North Dakota Century Code, relating to conservation easements and leaseholds;
Page4.1-01-21.1. No.
1 25.1091.02000 Sixty-ninth Legislative Assembly 4.1-01-21.1.
(1)H. The area immediately impacted by the development;
B.
NO.
1400 - PAGE 2 (1) The area immediately impacted by the development;
Any payment made to mitigate adverse environmental effects of the construction or operation of an energy conversion or transmission facility under Pagechapter No.49-22section 49-22-09.2 must be made to the commissioner who shall deposit the payment into the environmental impact mitigation fund.
2 25.1091.02000 Sixty-ninth Legislative Assembly chapter 49-22section 49-22-09.2 must be made to the commissioner who shall deposit the payment into the environmental impact mitigation fund.
3.H.
IfB. an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a transmission facility, the payment may be made to the Page No.
3NO. 25.1091.02000 Sixty-ninth Legislative Assembly agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1.
1400 - PAGE 3 3.
If an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a transmission facility, the payment may be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1.
PageH. No.
4B. 25.1091.02000
NO.
1400 - PAGE 4 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.
1400 and that two-thirds of the members-elect of the House of Representatives voted in favor of said law.
Vote:
Yeas 92 Nays 1 Absent 0 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
Vote:
Yeas 43 Nays 1 Absent 3 ____________________________ ____________________________ President of the Senate Secretary of the Senate Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
View plain text versions (4)
- Enrolled Enrollment Current pdf
- Engrossed FIRST ENGROSSMENT pdf
- Prepared by the Legislative Council staff for Representative Porter View text pdf
- Introduced View text pdf
Action History
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Filed with Secretary Of State 03/31
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Signed by Governor 03/27
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Sent to Governor
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Signed by Speaker
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Signed by President
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Returned to House
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Second reading, passed, yeas 43 nays 1, Emergency clause carried
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Reported back, do pass, place on calendar 7 0 0
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Committee Hearing 09:30
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Introduced, first reading, (emergency), referred Energy and Natural Resources Committee
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Received from House
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Second reading, passed, yeas 92 nays 1, Emergency clause carried
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 11 0 2
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Committee Hearing 09:00
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Introduced, first reading, referred Energy and Natural Resources Committee
Sponsors
- Mike Brandenburg · Primary
- Greg Sen. Kessel · Cosponsor
- Terry M. Sen. Wanzek · Cosponsor
- Mark F. Sen. Weber · Cosponsor
- Jim Grueneich · Cosponsor
- Craig Headland · Cosponsor
- Keith Kempenich · Cosponsor
- Brandy L. Pyle · Cosponsor
- Cynthia Schreiber-Beck · Cosponsor
- Cole Sen. Conley · Cosponsor
- Robert Sen. Erbele · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 137 not signed on · 2 voted No
Sponsors (1)
- Brandenburg, Mike Republican
Co-sponsors (10)
- Sen. Kessel, Greg
- Sen. Wanzek, Terry M.
- Sen. Weber, Mark F.
- Grueneich, Jim Republican
- Headland, Craig Republican
- Kempenich, Keith Republican
- Pyle, Brandy L. Republican
- Schreiber-Beck, Cynthia Republican
- Sen. Conley, Cole
- Sen. Erbele, Robert
Not signed on (137)
137 members have not signed on to this bill.
Show all 137 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 39 | 1 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 2 |
| Total | 43 | 1 | 0 | 3 |
| % of votes cast | 91% | 2% | 0% | 6% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Not Voting |
| Hogan, Kathy | Democratic | Yea |
| Marcellais, Richard | Democratic | Not Voting |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Not Voting |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Yea |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Nay |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 80 | 1 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 92 | 1 | 0 | 0 |
| % of votes cast | 99% | 1% | 0% | 0% |
How each member voted (93)
| Member | Party | Vote |
|---|---|---|
| Olson | — | Yea |
| Brown, Collette | Democratic | Yea |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Yea |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Yea |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Yea |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Yea |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Christianson, Nels | Republican | Yea |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Yea |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Yea |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Yea |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Yea |
| Heilman, Matthew | Republican | Yea |
| Heinert, Pat D. | Republican | Yea |
| Henderson, Donna | Republican | Nay |
| Hendrix, Jared | Republican | Yea |
| Holle, Dawson | Republican | Yea |
| Hoverson, Jeff | Republican | Yea |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Yea |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Yea |
| Kempenich, Keith | Republican | Yea |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Yea |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Yea |
| Maki, Roger A. | Republican | Yea |
| Marschall, Andrew | Republican | Yea |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Yea |
| Motschenbacher, Mike | Republican | Yea |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Yea |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Yea |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Yea |
| Schatz, Mike | Republican | Yea |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Yea |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Yea |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Yea |
| Vetter, Steve | Republican | Yea |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1400 do?
- AN ACT to create and enact a new section to chapter 4.1-01 of the North Dakota Century Code, relating to conservation easements and leaseholds; and to amend and reenact sections 4.1-01-21, 4.1-01-21.1, and 49-22-09.2 of the North Dakota Century Code, relating to the federal environmental law impact review fund, the environmental impact mitigation fund, and mitigating environmental impacts; and to declare an emergency.
- Who sponsors HB 1400?
- HB 1400 is sponsored by Brandenburg, Mike (Republican), Sen. Kessel, Greg, Sen. Wanzek, Terry M., Sen. Weber, Mark F., Grueneich, Jim (Republican), Headland, Craig (Republican), Kempenich, Keith (Republican), Pyle, Brandy L. (Republican), Schreiber-Beck, Cynthia (Republican), Sen. Conley, Cole, and Sen. Erbele, Robert.
- What is the current status of HB 1400?
- This bill has been enacted into law. Introduced January 13, 2025. Enacted.
- Where can I track HB 1400?
- Track HB 1400 free on One Click Politics — get push/email alerts when it moves.
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