SB 2398 — AN ACT to create and enact a new chapter to title 37 of the North Dakota Century Code, relating to the establishment of military impact zones and military compatibility committees.

25.1367.03000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2398 Introduced(Senators by Senators Barta, Castaneda, SicklerSickler) Representatives(Representatives Bolinske, ChristiansonChristianson) AAN BILLACT for an Act to create and enact a new chapter to title 37 of the North Dakota Century Code, relating to the establishment of themilitary impact zones and military compatibility commission.committees.

As used in this chapter, "encroachment" means an action that interfereinterferes with or negatively impactimpacts military base testing, training, and other operations and overall military readiness, including issues related to environmental impact, noise pollution, land development, competition for airspace, competition for radio frequency spectrum, and urban growth around military installations.

A military impact zone is a geographic zone extending from the perimeter of each military base in the state, which requests the military compatibility commissioncommittees to provide assistance under this chapter.

Military compatibility commission.committees.

ThereThe isagriculture createdcommissioner themay create one or more military compatibility commissioncommittees to harmonize landland, airspace, and electromagnetic spectrum use in military impact zones, review potential encroachment of military installations in military impact zones, and promote the sustainability of military operations in the state.

TheA military compatibility commissioncommittee ismust be composed of:

The governor,agriculture commissioner, or the governor'sagriculture commissioner's designee;

Pageb. No.

1One 25.1367.03000representative Sixty-ninthfrom Legislativeeach Assemblycounty b.within the boundaries of a military impact zone, selected by the board of county commissioners;

One representative selected by the North Dakota association of counties who is a member of the association;

One representative selectedrepresenting byall townships within the Northboundaries Dakotaof townshipa officersmilitary associationimpact whozone, isselected aby memberthe boards of thetownship association;supervisors;

One representative selectedrepresenting byall thecities Northwithin Dakotathe leagueboundaries of citiesa whomilitary isimpact azone, memberselected ofby the association;city council or councils;

TheExcept for activities subject to the United States department of defense military compatibilityaviation commissionand shall:installation assurance siting clearinghouse established under section 183(a) of United States Code title 10 [10 U.S.C.

183(a)], a military compatibility committee shall:

Provide oversight and guidance to local governments on military-compatibility practices in military impact zones.

b.S.

EstablishB. a uniform process in accordance with chapters 11-33, 40-47, and 40-48, and section 58-03-12 for all political subdivisions located in a military impact zone to coordinate with the United States department of defense military aviation and installation assurance siting clearinghouse for zoning, land use, construction, energy development, telecommunications, and other infrastructure projects that could impact military radar, airspace, communications, or operational readiness.

PageNO. No.

2398 - PAGE 2 25.1367.03000b.

Establish a uniform process in accordance with chapters 11-33, 40-47, and 40-48, and section 58-03-12 for all political subdivisions located in a military impact zone to coordinate zoning, land use, construction, energy development, telecommunications, and other infrastructure projects that could impact military radar, airspace, communications, or operational readiness relevant to mission compatibility.

S.

B.

NO.

2398 - PAGE 3 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2398.

Senate Vote:

Yeas 46 Nays 1 Absent 0 House Vote:

Yeas 73 Nays 19 Absent 2 ____________________________ 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