HB 1321 Summary

• Creates chapter 19-20.3 of North Dakota Century Code to establish agriculture commissioner authority over anhydrous ammonia risk management program compliance under the Clean Air Act of 1990.

• Transfers anhydrous ammonia facility inspection authority from the insurance commissioner to the agriculture commissioner, including inspection requirements, license denial/revocation, and enforcement powers.

• Redirects fertilizer inspection fees collected under section 19-20.1-06 to the state treasurer for deposit in the environment and rangeland protection fund instead of funding inspection costs directly.

• Grants agriculture commissioner power to impose civil penalties up to $10,000 per day for risk management program violations and authorizes inspections, information requests, and review of risk management plans.

• Repeals section 19-20.2-08.1 (anhydrous ammonia storage facility inspection fund); sections 1 and 9 effective July 1, 2011; sections 2-7 effective January 1, 2012; section 8 effective upon EPA delegation certification.