ND SB2120

Amends the definition of "construction" in North Dakota Century Code section 49-22-03 to clarify activities that do not require a certificate or permit, including those conducted within previously permitted geographic boundaries or on pre-1975 facilities.

Allows utilities to conduct qualifying construction activities on existing facilities without siting authority if they certify in writing that activities will not affect known exclusion areas and comply with applicable siting laws and commission orders.

Creates a process for utilities to notify the Public Service Commission before impacting known avoidance areas, with activities deemed approved if the commission does not act within 30 days after determining no reasonable alternative exists.

Modifies application fee structure in section 49-22-22 to include a new category for utilities certifying under the construction definition or obtaining siting authority, with fees determined by the commission to cover processing expenses.

Changes the minimum application fee floor from $5,000 to $10,000 for certificates of site compatibility, corridor compatibility, or waivers, while maintaining the $100,000 maximum cap.