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Senate approves bill letting PSC override local siting rules for high‑voltage transmission lines

April 04, 2025 | Senate, Legislative, North Dakota


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Senate approves bill letting PSC override local siting rules for high‑voltage transmission lines
Bismarck — The North Dakota Senate on Friday passed House Bill 12‑58 by a 27–18 vote, a measure that lets the Public Service Commission (PSC) supersede township and county land‑use and zoning rules for high‑voltage electric transmission projects when the PSC finds those rules “unreasonably restrictive.” The bill applies to lines at or above 15 kilovolts and contains a provision making part of the law retroactive to Jan. 1, 2025.

Supporters said HB 12‑58 addresses a statewide infrastructure need: long, cross‑jurisdiction transmission lines that serve regional reliability and economic development. Senator Van Oosting, the bill’s carrier, told colleagues the change brings transmission siting into the same statutory framework used for pipelines and other linear infrastructure, and that the PSC would continue to evaluate local ordinances and hold public hearings. “Transmission lines are essential for the energy grid as highways are to our transportation system,” Senator Patton said, adding the bill preserves local input while giving the PSC tools for projects that cross many jurisdictions.

Opponents said the bill weakens local control and was written in response to a single contested project. Multiple township officers and residents attended committee hearings and floor debate to argue the measure would strip counties and townships of longstanding planning authority. Senator Boehm said using legislation to force a particular project sets a dangerous precedent; Senator Grama pointed out that the PSC itself was not unanimous on the project tied to much of the session’s attention. Several speakers urged better planning and negotiations instead of changing state law.

Floor debate also focused on the bill’s retroactive provision. Van Oosting acknowledged the retroactivity concern, and opponents warned it could disrupt ongoing PSC siting proceedings. Senators asked whether burying lines had been considered; witnesses in committee noted burying high‑voltage transmission lines can be technically and economically impractical because of heat dissipation for certain voltages, though some alternatives (such as burial in limited segments or higher compensation) were discussed.

The Senate approved HB 12‑58 27 ayes to 18 nays, with 2 senators absent and not voting. The bill will proceed as required by the legislative process.

Proponents and opponents alike urged careful implementation: supporters to avoid routing delays for projects the state views as regionally important, and opponents to preserve the planning authority of local governments and the interests of nearby landowners.

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