HB 1389 — A BILL for an Act to amend and reenact sections 11-11-55.1, 40-22-01.3, and 57-15-41 of the North Dakota Century Code, relating to infrastructure fees levied by cities and counties, and the exemption of infrastructure fees from levy limitations.

25.1051.0100025.1051.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1389 of North Dakota Introduced by Representatives Dockter, Heinert, Meier Senator Dever A BILL for an Act to amend and reenact sectionsections 11-11-55.1, 40-22-01.3, and 57-15-41 of the North Dakota Century Code, relating to infrastructure fees levied by cities and counties, and the exemption of infrastructure fees from levy limitations.

Section 11-11-55.1 of the North Dakota Century Code is amended and reenacted as follows:

11-11-55.1.

Petition or resolution for improvements - Levy of special assessments - Levy of infrastructure fee.

1.

The board of county commissioners of any county, by resolution or upon receipt of a petition of sixty percent of the landowners in a defined area, outside of the limits of any incorporated city, may install the petitioned improvements as benefit the defined area, provide for the financing of the improvements, and levy special assessments for the payment of all or part of the improvements within the defined area.

2.

The board of county commissioners, by resolution or upon petition of sixty percent of the qualified electors who voted in the last general election in a defined area, may levy and collect an infrastructure fee in lieu of general special assessments on all residential and commercial county utility bills for payment of infrastructure maintenance costs.

If a home rule county levies an infrastructure fee, the home rule county also may levy and collect green field special assessments.

3.

In providing for the improvements, the county shall have the authority granted to municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25, 40-26, 40-27, and 40-28, and the county shall comply with the provisions of those chapters in making the Page No.

1 25.1051.02000 Sixty-ninth Legislative Assembly improvements.

Whenever action is required of city officials in those chapters, the comparable county officials shall take the action.

4.

A county proposing a project to be funded by an infrastructure fee under this section shall create an infrastructure zone within the county for each proposed project.

5.

The county shall mail to each utility account holder within the proposed infrastructure zone a notice of the proposed zone.

The notice must include:

a.

The total cost of the proposed project;

b.

A description of the proposed project;

c.

The date and time of a public hearing on the proposed project;

and d.

A form on which the utility account holder may protest the fee, stating the deadline for a protest, which may not be fewer than thirty days from the date of the notice.

6.

A county proposing a project to be funded by an infrastructure fee under this section shall hold a public hearing on the project.

The public hearing must take place no earlier than fourteen days after the date of the notice, and before the deadline for the submission of protest forms.

7.

If a county receives protest forms from a majority of utility account holders in a proposed zone the city may not proceed with the project in the proposed zone.

8.

The county may begin a project after the time to protest has passed.

9.

The rate of the fee assessed to commercial property under this section may not be more than two times the rate assessed to residential property.

10.

If a home rule county levies an infrastructure fee, the home rule county also may levy and collect green field special assessments.

11.

As used in this section: