Senate Bill 2239 Summary

• Creates section 23.1-06-17 of the North Dakota Century Code to govern implementation of federal greenhouse gas regulations if the department is required to develop a state plan under the federal Clean Air Act.

• Requires the department to minimize impacts on economic electricity generation sources, dispatchable generation viability, consumer electricity costs, utility returns on investment, and electricity system reliability when developing the state plan.

• Mandates state plan controls be imposed only through individual source permitting that allows flexibility in achieving emission reductions and prohibits redefining stationary sources or changing their primary fuel or energy resource.

• Prohibits the state plan from establishing mandatory annual emission limits or authorizing emission credit trading between separate sources unless expressly mandated by federal law or approved by concurrent legislative resolution.

• Requires the department to submit the state plan to the state Senate energy and natural resources committee for review before submitting to the Environmental Protection Agency, and declares the measure an emergency.