SB 2322 — Relating to the revocation of common carrier status of carbon dioxide transporters; and to repeal section 38‑22‑10 of the North Dakota Century Code, relating to the exercise of public domain in geological storage of carbon dioxide.

25.0659.0100225.0659.02000 Prepared by the Legislative Council Title.02000 staff for Senator Mathern February 10, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDFIRST AMENDMENTSENGROSSMENT TOENGROSSED SENATE BILL NO.

2322 Introduced by Senator Magrum A BILL for an Act to amend and reenact sections 32-15-02, 49-19-01, 49-19-11, and 49-19-19 of the North Dakota Century Code, relating to the revocation of common carrier status of carbon dioxide pipelinestransporters;transporters;

roads, streets, and alleys, and all other uses for the benefit of any county, city, or park district, or the inhabitants thereof, which may be authorized by the legislative assembly, but the Pagemode No.of apportioning and collecting the costs of such improvement shall be such as may be provided in the statutes by which the same may be authorized.

1Page 25.0659.01002No. Sixty-ninth Legislative Assembly mode of apportioning and collecting the costs of such improvement shall be such as may be provided in the statutes by which the same may be authorized.

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Notwithstanding any other provision of law, the state or a political subdivision or any public utility, corporation, limited liability company, association, or other entity granted the power of eminent domain by the state, may not exercise the right of eminent Page No.

2 25.0659.0100225.0659.02000 Sixty-ninth Legislative Assembly the power of eminent domain byto theconstruct state,infrastructure mayassociated notwith exercisecarbon thedioxide righttransport offor eminentdisposal domainin togeological constructstorage infrastructureor associatedfor with:geological sequestration.

a.

Carbon capture;

b.

Solar energy;

c.

Wind energy;

d.

Hydrogen energy;

e.

Carbon carbon dioxide transport for disposal in geological storage or for geological sequestration;

or f.

Anything under a federal 45Q tax credit as defined under title 25, United States Code, section 45Q or any similar type of tax credits.

or Page4. No.

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A common pipeline carrier, in the acceptance of the provisions of this chapter, shall agree expressly that it, without discrimination, will accept, carry, or purchase, the oil, coal, or gas, or carbon dioxide of the state or of any person not the owner of any pipeline, operating a lease or purchasingPage oil,No. coal, or gas, or carbon dioxide at prices and under regulations to be prescribed by the commission.

3 25.0659.02000 Sixty-ninth Legislative Assembly purchasing oil, coal, or gas, or carbon dioxide at prices and under regulations to be prescribed by the commission.

Where there is offered for Pagetransportation No.more crude petroleum, or coal, or carbon dioxide than can be transported immediately, the sameproduct must be apportioned equitably.

4 25.0659.01002 Sixty-ninth Legislative Assembly transportation more crude petroleum, or coal, or carbon dioxide than can be transported immediately, the sameproduct must be apportioned equitably.

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