[{"_1":2,"_112":-5,"_113":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6359994,"mediaKeyId","2175453-bb2e1b38155de6a6011e717012c65701","parentId",2175453,"title","Bill to raise economic-analysis threshold for drainage projects draws split testimony","audioSeconds",1524,"startMs",1788000,"endMs",3312000,"viewUrl","/Search/View?dp=1&key=2175453-bb2e1b38155de6a6011e717012c65701&start=1788&end=3312","thumbnailUrl","https://assets.pipeline.soar.com/2175453-bb2e1b38155de6a6011e717012c65701/thumbnail_1788000.jpg","articleUrl","/articles/6359994/North-Dakota/Bill-to-raise-economic-analysis-threshold-for-drainage-projects-draws-split-testimony","mediaUrl","https://secure.pipeline.soar.com/6359994-b51ecd864991d588e21f44dab553bad3/orig.mp4?Expires=1771198612&Signature=N3NeSkfp4tvQUpCb5NE0pOJWfAd574RtMn2aXkR9b6jGlkpRmRqElkh5iF8cMFbkWiiEK0O3HWzB-kcQ4MEAdpUBOxCf2uALkMDWlKgUBGKgjycAkJJ6~MZbJK32nxWmLgG7L8u1zk5d9zcmkdkRYW92A-xqEtLmljBAOPrIXYO7Id4hA22BWE-5C1AOI9fAoEMhjNaNaRbwOjCla41VBAPIV6CLcmgkXZkTUsEf4yXXI5JbGJGKQLjdtmQjuCuoKP1pkUDhjTvkWitfQdaBvc21EhYN40wijWrC3L9VzZsocPvfXyGfQRKf4xIkQG00ay7Hv2jrKsPz1cRG70TKzg__&Key-Pair-Id=KUT5TJCACFTXG","author","House Energy and Natural Resources, ND","date","2025-01-30T00:00:00Z","article","Representative Cynthia Schreiber Beck and water interests urged the House Energy and Natural Resources Committee to approve House Bill 1218, which would change the threshold at which the Department of Water Resources requires an economic analysis (EA) for water conveyance and flood control projects. The bill would limit mandatory EA reviews to projects with total costs above $5,000,000.

Why it matters: Proponents representing water users, water resource districts and agricultural groups said the current lower threshold and DEQ/State Water Commission policy requiring EAs for projects at or above $200,000 has increased project costs and delays, making many locally important drainage and conveyance improvements unaffordable for producers and small districts. Kurt Lisney of the North Dakota Water Users Association said the EA process, as implemented, has reduced state cost-share levels and shifted burdens to local producers. \"Requiring the economic analysis only for large-scale projects will ensure state dollars result in a meaningful return on investment,\" Lisney said.

Supporters' case: Dennis Reap (North Dakota Water Resource Districts Association), Justin Johnson (Richland County Water Resource District), Luke Chimeneski (Richland-Sargent Joint Water Resource District), and several farm groups (North Dakota Grain Growers, Corn Growers, Soybean Growers) testified HB1218 would reduce time and cost burdens on projects typically in the $1–$2 million range and allow more projects to proceed. Reap said conducting an EA can cost tens of thousands of dollars and represent a significant share of design/permitting costs for smaller projects.

Agency and commission opposition: Duane Poole, natural resource economist for the Department of Water Resources, strongly opposed HB1218. He recounted the 2017 legislative directive asking the state engineer to develop an EA process and said the State Water Commission later set a lower $200,000 threshold by policy to give commissioners more information when allocating state tax dollars. \"In a time where competition among projects for finite state resources is only growing, it's important... to ensure state investments are made as thoughtfully as possible,\" Poole said. He said reducing the threshold to $5,000,000 would eliminate the option to require analyses for most projects and deprive commissioners of objective quantitative information.

State Water Commission view: Commissioner Michael Anderson described EA as a tool to calculate return on investment and said staff and commissioners have used EA results to adjust project scopes or cost-share percentages. He said the commission sometimes increases cost-share percentages after discussion with sponsors and that EA information has improved project outcomes. Anderson testified commissioners had authority to set the lower threshold and did so after public process.

Scale and numbers: The Department of Water Resources reported 50 projects have required EAs since the statutory requirement was implemented; had HB1218's proposed $5,000,000 threshold been in effect, only three of those projects would have needed an EA. Agency witnesses said the EA uses indexed historical claims and county-level data to estimate avoided damages rather than modeling crop yields, arguing that the method provides objective, defensible estimates for benefit calculations.

What was not decided: No committee vote was recorded. Lawmakers and stakeholders debated trade-offs between timely project delivery and state fiscal stewardship. Supporters urged a \"due pass\" to advance HB1218; agency witnesses asked the committee to retain the lower threshold so commissioners can use EA as needed.

Ending: The hearing closed after testimony for both sides; committee members asked clarifying questions about prior policy decisions and how EA results have affected cost-share awards.","mediaType","Video","parentTitle","House Energy and Natural Resources Jan 30, 2025\t","oneSentenceSummary","Representative Cynthia Schreiber Beck and water interests urged the House Energy and Natural Resources Committee to approve House Bill 1218, which would change the threshold at which the Department of Water Resources requires an economic analysis (EA) for water conveyance and flood control projects to $5,000,000.","taxTitle","Energy and Natural Resources, House of Representatives, Legislative, North Dakota","taxId",28890,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6359999,"House committee hears $50 million proposal to fund local wastewater projects",60,268000,328000,"/Search/View?dp=1&key=2175453-bb2e1b38155de6a6011e717012c65701&start=268&end=328","https://assets.pipeline.soar.com/2175453-bb2e1b38155de6a6011e717012c65701/thumbnail_268000.jpg","/articles/6359999/North-Dakota/House-committee-hears-50-million-proposal-to-fund-local-wastewater-projects","https://secure.pipeline.soar.com/6359999-dd0ba5fe1c047fb15236c9a08ceb2609/orig.mp4?Expires=1771198612&Signature=G2~2CBaVSc6OQbnt7~A4-g3Nsk7cK4UzvEZoEHLhIs~r6ZB-PcsWY7-mRkYU7XT2tR46nXJ9zzHAuAWxOGjJJmFf0rYgzZQTTajfgxH1uYsWv0YA0GCNaxI1thdj7AP~JGJNf7PsyckeOkftREFSxRYb7kK7cyKUK9RH2Z2uTC~MTiihZ0RpVDSgA4e3B2tlXAc0y0o0HufAXlgdKgvSGFEGDZgRbHvXhgZxx9IOjYIRa7aMTbCUDZkRqJvriFmqkxj6IbqtI-RNaELo7ZVKFIGGWfvbaFr4bH-mOf1ZIrcWakmHkPLHht0D4uRtchm0hrEMCtNnwzmLRdbP08A3Cw__&Key-Pair-Id=KUT5TJCACFTXG","House Energy and Natural Resources Committee members heard testimony in favor of House Bill 1577, a proposal to create a $50,000,000 wastewater grant program administered by the Department of Environmental Quality (DEQ). Representative Alisa Mitskog, bill sponsor, told the committee the program would operate as a cost-share to reduce reliance on property taxes and special assessments.

The bill would authorize a $50 million appropriation to DEQ to provide grants for wastewater projects. The sponsor described the program as modeled after existing state water cost-share programs and said it would cap awards at $12,500,000 per project while reserving an equal allocation for cities with fewer than 5,000 residents. \"A 60/40 match program would reduce reliance on property taxes and special assessments,\" Representative Alisa Mitskog said.

Why it matters: Testimony emphasized that many North Dakota communities face large wastewater needs and limited local tax bases. Matt Gardner, executive director of the North Dakota League of Cities, said the DEQ intended-use plan lists roughly 300 wastewater projects totaling about $1.7 billion in costs. \"Wastewater seems to be forgotten,\" Gardner told the committee, noting the state has provided large cost-share investments for water projects but fewer grant options for wastewater.

Details and supporting testimony: City officials and water-sector groups described large projects and the potential resident impacts of fully local funding. Jim Neubauer, Mandan city administrator, said Mandan faces an approximate $110–$120 million wastewater treatment plant project; without state assistance, he estimated the cost could add about $75–$78 per month to a resident utility bill. Matt Volts, finance director for Horace, said a phase of the \"Flush to Fargo\" project carries an estimated $5–$6 million price tag and that Horace is the state's fastest-growing city by percentage.

North Dakota Rural Water's executive director Eric Volk said the $50 million would help offset burdens on local systems and suggested DEQ incorporate its existing project priority ranking and an affordability component into any grant allocation process. Volk also asked consideration of increasing the reserved amount for communities under 5,000 residents so small systems have a better chance of receiving funds.

DEQ perspective: Dave Grama, director of the Department of Environmental Quality, described the state's existing two revolving loan funds (clean water and drinking water), the below-market loans available at roughly 2% interest, and limited grant funding in recent years. Grama said DEQ evaluates approximately 145 projects per year and that, on DEQ's current priority list, more than 250 projects total about $1.5 billion in need. He confirmed DEQ performs annual inspections and said some wastewater systems date to mid-20th century and earlier, with ongoing maintenance and replacement needs.

What was not decided: The hearing recorded supportive testimony but no committee action or vote. Committee members asked for clarifications on program language, whether specific projects on DEQ's list would be eligible, and how the cap and small-city reserve would be interpreted and administered. Committee questions also touched on whether the appropriation would meaningfully address statewide needs versus being an initial step.

Looking ahead: Proponents asked for a favorable recommendation. Several city officials and water sector groups said even $50 million would be a start but would cover only a fraction of statewide needs. The committee did not take a formal vote during the hearing.

Ending: The committee hearing on House Bill 1577 closed after DEQ and stakeholder testimony; committee staff and members signaled follow-up questions and potential technical clarifications would be needed if the bill proceeds.","Lawmakers heard testimony supporting House Bill 1577, which would create a $50 million wastewater grant program administered by the Department of Environmental Quality with per-project caps and special provisions for small cities.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6359984,"Committee hears competing views on statewide septic oversight and technical committee in HB1541",305,7255000,7560000,"/Search/View?dp=1&key=2175453-bb2e1b38155de6a6011e717012c65701&start=7255&end=7560","https://assets.pipeline.soar.com/2175453-bb2e1b38155de6a6011e717012c65701/thumbnail_7255000.jpg","/articles/6359984/North-Dakota/Committee-hears-competing-views-on-statewide-septic-oversight-and-technical-committee-in-HB1541","https://secure.pipeline.soar.com/6359984-026b5b230d9bfb42c148c9e10b6950b2/orig.mp4?Expires=1771198612&Signature=P4cfJztY1iqxZt23xiuaklqcktdD7FVOguOtU-yB-F2PwbPqagPUqFQrtPF4lXhWzpVZcM3rIdvkyisWaiBlMWGerD5bWauTRdh0MZI66QJKdeW93kFvTSuviVvU0FwXRvQ1uygk-eh7EXgpflBHkPDrRuP~hEWBWHkv9Tb1Fy61NgpFyxyBHhmlDXHzZsYQgWqSyFvnZsNvuDeAjPYtkI9vY6bXm8BBV0u0wy3omuBPyI4BUrOSsyuP3OOV6IDLiIC2c~MVq~BJrRwLtf~hhaCZnQ5fV86eezzET8zqO~BhCO8u5sOq6pE94JbxbH1uwjWB9RCY8RhOBGrc4IE8VA__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 1541, carried by Representative Ben Koppelman, would create a statewide framework for on-site wastewater (septic) regulation: the Department of Environmental Quality (DEQ) would oversee rulemaking, a technical advisory committee would be formed to draft and update a statewide on-site wastewater technical guide, and DEQ would assume certain licensing and oversight functions now handled in various ways by local health units or the plumbing board.

Sponsor rationale: Representative Koppelman told the committee the current patchwork of local health-unit rules and inconsistent permitting creates confusion for septic installers and homeowners. The bill would establish an advisory committee with equal members from local health units and septic contractors plus nonvoting DEQ representation. The bill also proposes regulatory standards, a timeline for replacement of systems deemed a wholesale replacement (a 10-year allowance and potentially shorter timelines on transfer), and a licensing approach to provide statewide consistency.

Support from local public health and plumbing board director: Sherry Adams, representing a southwestern district health unit, endorsed the bill's goal of uniform standards and said her district would work with DEQ on a statewide code. Brent Beachy, director of the State Plumbing Board, said he has limited plumbing-board expertise in on-site sewage systems and supported the bill's approach to create a statewide technical guide and formal dispute-resolution pathway; he also clarified that plumbing board funds and roles differ among plumbers, water-and-sewer contractors, and septic installers.

Contractor opposition and practical concerns: Several septic installers and contractors opposed the bill as drafted. Contractors said the proposed 3-vs-3 membership split between health units and installers could produce deadlocks and that practitioners already shoulder liability and expense when systems fail. One contractor noted wide fee variations across health units (examples ranged from roughly $25 to about $200 a year in testimony) and warned against adding costs or burdensome new licensing requirements that would fall on installers.

Agency implementation and fiscal note: DEQ described how a uniform technical guide and licensing structure could work in tandem with local inspections and said a single DEQ FTE plus fractional support across the agency would be required to administer the program initially. DEQ's fiscal note estimated start-up general fund costs and suggested licensing fees could offset future operating costs; DEQ's accounting director said the agency did not include any plumbing board transfer amounts in its initial fiscal figures but that the agency could pursue special-fund support in future biennia.

Key unresolved issues: Committee questions focused on membership balance, whether licensing and inspection should remain local, the timing and cost of required system replacements on property transfers, and whether local health units would accept a statewide code. Koppelman and several health-unit directors said the bill is a negotiated, compromise approach intended to require cross-interest agreement on rule changes.

Ending: The committee closed the hearing with both support and opposition on the record and no formal action. Sponsors indicated they expected technical amendments to address membership, fee structure and replacement timelines based on testimony.","House Bill 1541 would create a DEQ-led on-site wastewater technical committee and transfer certain responsibilities; proponents and local health units said the structure could produce statewide consistency, while contractors and some water-sector witnesses urged changes to membership, fees and local control.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6359989,"Bill would authorize grants for Sargent County landowners' legal fees; agencies warn of precedent",324,4791000,5115000,"/Search/View?dp=1&key=2175453-bb2e1b38155de6a6011e717012c65701&start=4791&end=5115","https://assets.pipeline.soar.com/2175453-bb2e1b38155de6a6011e717012c65701/thumbnail_4791000.jpg","/articles/6359989/North-Dakota/Bill-would-authorize-grants-for-Sargent-County-landowners-legal-fees-agencies-warn-of-precedent","https://secure.pipeline.soar.com/6359989-228841e2761af811e640742a67d994e7/orig.mp4?Expires=1771198612&Signature=Rlkzg8QM7HIymPe7MzB7Z3RJ0COtFsUbvWw6NSC2SoQyyg7JcbDaYrFCrjT90QYyIwXVxTRMcB4uo3rgokOK-bXbCwTEjwg7r9pKsdvqvQLTwG7LXd7WyFZ5Qa-xIysFVCp1cicm-72BzxCGwZqZiTvgacsCR349ajHLD6XFKRPlLa5uot2mFy0L27Cohg7VqXz4o-RvWEqxoLhlO7bwsjCND-89ts7v1OsPwcmyVf0ZsBSojSy5-BOXmdPptO-vaSxArdn7BzfegrAE43FJYJ0AGghsuj192vsG3OdWTpJyeWrnBG9ionSXcIdnvToEtzouqkexnuxGgYieBvoPeQ__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 1557, introduced by Representative Mike Schatz, would appropriate funds to the Department of Water Resources to provide legal-fee reimbursement grants for Sargent County landowners who litigated a waterboard dispute. Representative Schatz and a Sargent County landowner, Leon Malberg, described lengthy litigation and out-of-pocket legal costs they said remain unpaid despite a favorable North Dakota Supreme Court decision.

Sponsor and landowner testimony: Representative Mike Schatz described a decade-long struggle in which residents paid legal bills to preserve property rights and asserted the Supreme Court ruling supported the landowners' claims. Leon Malberg, a landowner who testified remotely, told lawmakers he and others spent roughly $480,993.16 on litigation; he said $259,000 was reimbursed via eminent domain proceedings and asked the legislature to reimburse the remaining $221,993.16. \"Landowners should not be forced to be the sheriff,\" Malberg said, describing legal, emotional and financial costs to individuals who challenged waterboard actions.

Agency opposition and constitutional concerns: Patrick Frygian, planning and education division director for the Department of Water Resources, told the committee the department opposes HB1557. Frygian said the bill appears to appropriate state funds to reimburse private litigation costs even though the state was not a party to the cited litigation. \"The award of legal fees and litigation is a function of the court system,\" Frygian said, adding that statute provides courts authority to award attorney fees in eminent-domain actions. He said if the State Water Commission were to make grants to private residents where courts have not ordered payment, the payments could raise constitutional questions.

Local waterboard response: Members of the Sargent County Water Resource District testified in opposition to the bill and sought to clarify context. Board members said they had paid roughly $260,000 in eminent-domain legal fees as part of the process and that many local residents supported the watershed work undertaken by the district. One waterboard member said some characterizations in testimony were partial or lacked context and offered a petition of local support for the project.

What was not decided: No committee vote was taken. Committee members debated scheduling for the landowner to testify in person and accepted remote testimony because of the witness's health. Lawmakers asked about the status of district-court proceedings on fee awards and suggested the committee would invite the landowner to testify in person if necessary.

Ending: The hearing closed with no formal committee action. DEQ and DWR asked that individual court remedies be respected and raised concerns about establishing a legislative precedent for reimbursing private litigation costs where the state was not a party.","Representative Mike Schatz and landowners urged approval of HB1557 to reimburse legal fees from watershed litigation in Sargent County; Department of Water Resources opposed, saying courts, not agencies, determine attorney-fee awards and there may be constitutional issues.","actionData","errors"]

Article not found

Bill to raise economic-analysis threshold for drainage projects draws split testimony

House committee hears $50 million proposal to fund local wastewater projects

Committee hears competing views on statewide septic oversight and technical committee in HB1541

Bill would authorize grants for Sargent County landowners' legal fees; agencies warn of precedent