BISMARCK – The North Dakota Senate unanimously rejected a bill Monday that would have required broad orders of the state Industrial Commission to be reviewed by lawmakers.
House Bill 1187 would have voided any “rules of general applicability” approved by the commission that didn’t go through a legislative rulemaking process.
The original bill introduced by Rep. Keith Kempenich, R-Bowman, also would have retroactively voided recent orders related to natural gas flaring and conditioning crude oil for transport, but it was amended to apply only to orders approved after July 31 of this year.
Sen. Philip Murphy, D-Portland, carried the bill with a 7-0 do-not-pass recommendation from the Senate Industry, Business and Labor Committee. He said there’s no state definition of “general applicability,” and if the commission had to follow the federal definition, it would mean a tenfold increase in either commission staffing for writing orders or the time it takes to write orders.
“We found the consequences unworkable,” he said.
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There was no Senate debate on the bill. House members had voted 61-27 in favor of it.
The commission consists of the governor, attorney general and agriculture commissioner.