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Committee holds data‑center grid study, considers Legacy Fund in‑state investment language for later action

March 28, 2025 | Energy and Natural Resources, Senate, Legislative, North Dakota


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Committee holds data‑center grid study, considers Legacy Fund in‑state investment language for later action
Representative Anna Novak, sponsor of amended House Bill 15‑79, asked the Senate Energy and Natural Resources Committee to approve an interim study on the impacts of large energy consumers — particularly data centers — on the state's electrical grid. The bill as amended also includes language requested by the Retirement and Investment Office to allow consideration of large in‑state infrastructure investments by the state's Legacy Fund advisory bodies. The committee took testimony, discussed pending related legislation, and decided to hold the bill until next week for further consideration.

Novak said data centers are large, power‑intensive facilities (often 100–300 megawatts) that require extremely high reliability and cannot tolerate blackouts. She described potential benefits for North Dakota — property tax revenue and high‑paying jobs — and said the proposed study aims to balance welcoming investment while protecting ratepayers and grid reliability during extreme weather. "It is of extreme importance that the legislature does everything that we can to protect North Dakotans from energy shortages," Novak said.

Jody Smith, interim executive director for the Retirement and Investment Office, described the Legacy Fund background and how the in‑state investment program (established in 2021) has committed more than $450 million to over 40 North Dakota companies through a mix of loans and equity. Smith said the Legacy Fund holds approximately $12.1 billion as of January and that statute and advisory board policy currently require diversification under a prudent investor rule; the amendment would permit discussion and limited authority to invest in large‑scale in‑state infrastructure projects — potentially as loans or equity — if the board reasonably determines special circumstances justify less diversification.

Martin Vega, director of community operations for Applied Digital, and representatives of the data‑center coalition, supported the study. Vega said Applied Digital has invested in North Dakota and expects to create hundreds of full‑time jobs when campuses are complete; he described roles such as facility technicians, engineers, security, and operations staff and estimated a campus could employ 300–350 full‑time positions, paid well above local averages.

Kelvin Hollitz of the Bank of North Dakota and other witnesses described financing models already in use, including the Bank's MATCH loan program and the infrastructure revolving loan fund. Hollitz and Smith explained how the Bank and State Investment Board can structure fixed‑income purchases or loans and partner on packaging investments into the Legacy Fund's in‑state allocation.

Committee members questioned whether specific entities named in the study language (for example the Lignite Energy Council and Petroleum Council) should be included or removed; Representative Novak said the interim committee could invite additional stakeholders. Senators also raised the question of whether further regulation beyond study would be needed after information is gathered and whether legacy fund language duplicates a separate bill (House Bill 1330). Chair Patton said the committee would hold the bill until next week to await developments on the related bill and to allow follow‑up on amendment language and fiscal questions.

No committee vote was taken on House Bill 15‑79 at this hearing; Chair Patton said the committee would revisit the bill next week.

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