North Dakota Century Code Title 49. Public Utilities § 49-22-09.2. Mitigating environmental impacts-- Energy conversion facilities--Transmission facilities

1. If an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a wind energy conversion facility, the payment must be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1.

2. Excluding a wind energy conversion facility, if an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of an energy conversion facility, the payment may be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1.

3. If an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a transmission facility, the payment may be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1.

4. Nothing in this section shall be construed to limit an applicant from conducting mitigation activities.