Wednesday, June 30, 2010

North Dakota Attorney General's Opinion and the North Dakota University System

LETTER OPINION
2010-L-11
June 28, 2010
The Honorable Robert R. Peterson
State Auditor
600 East Boulevard Avenue, Dept. 117
Bismarck, ND 58505
Dear Mr. Peterson:
Thank you for your letter asking several questions regarding the performance audit of
capital projects of the North Dakota University System (University System).1 Your
questions specifically involve North Dakota State University’s College of Business building,
Richard H. Barry Hall (Barry Hall),2 and whether the University System complied with the
requirements of 2007 N.D. Sess. Laws ch. 3, § 22. For the reasons stated below, it is my
opinion that since the 2007 Session Law did not contain any requirements but rather was
discretionary, and because the State Board of Higher Education (SBHE) has separate
constitutional authority to allow North Dakota State University (NDSU) to lease a building
from the NDSU Development Foundation (Foundation), there could be no violation of the
Session Law.
ANALYSIS
In 2001, NDSU received legislative authorization and an appropriation of $20 million to
spend non-state general funds, or what are termed “Other Funds,” from the Legislature to
construct a College of Business Administration building and classrooms.3 The SBHE has
statutory authority to approve certain construction projects, but legislative authorization is
1 “The institutions of higher education under the control of the state board of higher
education are a unified system of higher education, as established by the board, and
are designated as the North Dakota university system.” N.D.C.C. § 15-10-01.2.
2 In 2007, the SBHE authorized North Dakota State University to rename the College of
Business building to Richard H. Barry Hall. Minutes, N.D. State Bd. of Higher Educ., Sept.
20, 2007, p. 8.
3 Hearing on S.B. 2003 Before the Senate Comm. on Appropriations, 2001 N.D. Leg. (Jan.
2, 4) (on file with NDUS office).
LETTER OPINION 2010-L-11
June 28, 2010
Page 2
required when the cost of a construction project exceeds $385,000.4 In 2005, the
Legislature authorized the SBHE to enter into an agreement with the Foundation for the
construction of the College of Business building on the NDSU campus.5 In 2006, NDSU
officials decided to relocate the College of Business off campus to a building in downtown
Fargo that was owned by the Foundation instead of entering into an agreement for the
construction of a building on campus.6 The Foundation agreed to renovate the Pioneer
Building and lease it to NDSU for the College of Business.7
The SBHE approved NDSU’s request for authorization to proceed with plans to relocate
the College of Business to downtown Fargo indicating that, “gifts, donations, and other
funds currently designated for the proposed College of Business building will be used to
renovate and expand the Pioneer Building for its purposes.”8 During the 2007 legislative
session, NDSU officials discussed the change of plans for the College of Business in
committee presentations, but did not initially request legislative approval because they did
not believe legislative approval was required since NDSU was no longer constructing a
building. 9 In order to respond to legislators’ questions about the relocation of the College
of Business, NDSU officials decided to request language be added to the University
4 N.D.C.C. § 15-10-12.1 (“The state board of higher education may authorize campus
improvements and building maintenance on land under the control of the board which
are financed by donations, gifts, grants, and bequests if the cost of the improvement or
building maintenance is not more than three hundred eighty-five thousand dollars. The
consent of the legislative assembly is required for construction of any building financed
by donations, gifts, grants, and bequests and for campus improvements or building
maintenance financed by donations, gifts, grants, and bequests if the cost of the
improvements or maintenance is more than three hundred eighty-five thousand
dollars.”).
5 2005 N.D. Sess. Laws ch. 31, § 15 (“The state board of higher education may enter into
an agreement or agreements with the North Dakota state university foundation or other
private entity and do all things necessary and proper to authorize construction by the
foundation or other private entity of a college of business building on the North Dakota
state university campus, using donations, gifts, or other private funds.”).
6 The Foundation purchased the Pioneer Mutual Life Insurance Company building and the
Lincoln Mutual Life & Casualty Insurance Company building, both located in downtown
Fargo. Facilities, Section 902.3 Attachment to Information Packet and Agenda for N.D.
State Bd. of Higher Educ. Meeting (Nov. 9, 2006) (on file with NDUS office).
7 Facilities, Section 902.3 Attachment to Information Packet and Agenda for N.D. State Bd.
of Higher Educ. Meeting (Nov. 9, 2006) (on file with NDUS office).
8 Minutes, N.D. State Bd. of Higher Educ., Nov. 8-9, 2006, p. 10.
9 E-mail from Pat Seaworth, Gen. Counsel, NDUS, to Matthew A. Sagsveen, Assistant
Attorney Gen. (Feb. 23, 2010, 11:56 AM) (on file with author of e-mail).
LETTER OPINION 2010-L-11
June 28, 2010
Page 3
System appropriations bill (H.B. 1003) to locate the College of Business off campus.10
The Legislature authorized the relocation of the College of Business building off the NDSU
campus:
The state board of higher education may enter an agreement or agreements with
the North Dakota state university foundation or other private entity and do all things
necessary and proper to authorize construction by the foundation or other private
entity of a college of business building off the North Dakota state university
campus, using donations, gifts, or other private funds.11
Even though the 2007 Session Law refers to “construction” of an off-campus building, the
legislative history indicates the Legislature was aware that a new College of Business
building was not being constructed and that NDSU was going to rent a building in
downtown Fargo that was owned and renovated by the Foundation.12 Based on
10 Id.
11 2007 N.D. Sess. Laws ch. 3, § 22.
12 The legislative history for H.B. 1003 indicates the Legislature was aware of the change
in plans for the College of Business location and structure and provides evidence of an
intent to ratify (albeit reluctantly) what the SBHE and NDSU had already done. The
chairman of the Senate Appropriations Committee noted that “[l]ast session NDSU asked
for authority to construct a college of business building on the campus of NDSU. They
were able to purchase through generous folks, a used building off campus and we had to
change the law so they were not illegal when they cut the ribbon.” Hearing on H.B. 1003
Before the Senate Comm. on Appropriations, 2007 N.D. Leg. (Mar. 23) (Statement of Sen.
Holmberg).
In a later conference committee, the following exchange took place:
Rep. Monson: Are there any other campuses that built off campus? Do we
have specific language in other bills regarding purchasing buildings off
campus?
Laura Glatt, Vice Chancellor of the University System: Not that I am aware
of. The Foundation bought the buildings and NDSU pays rent to the
foundation.
Hearing on H.B. 1003 Before Conference Comm., 2007 N.D. Leg. (Apr. 13) (Statements of
Rep. Monson and Vice Chancellor Laura Glatt).
LETTER OPINION 2010-L-11
June 28, 2010
Page 4
discussions that occurred during committee hearings, the Legislature arguably approved
NDSU’s plan to utilize the Foundation’s downtown Fargo building.13
Your questions involve whether the SBHE and NDSU complied with the requirements of
the 2007 Session Law. There are not actually any “requirements” in the 2007 Session
Law. Rather, the Legislature only indicated that the SBHE “may enter an agreement” to
authorize construction by the Foundation of a college of business building off the NDSU
campus.14 The use of the word “may” is permissive and indicates it is a matter of
discretion.15
After the Foundation purchased two buildings in downtown Fargo in 2006, NDSU made
the decision to lease one of those buildings rather than proceed with constructing a new
building on campus.16 The scope of the project fundamentally changed when the SBHE
approved NDSU’s request to lease a building off campus for the College of Business
rather than constructing a new building. The Legislature’s grant of authority to the SBHE
to enter into an agreement with the Foundation to construct a building was not mandatory
and thus, the SBHE could proceed in another manner if allowed by its powers. The
13 In discussing an amendment to H.B. 1003 that would have required legislative approval
for any future off-campus university building, the following exchange took place:
Senator Holmberg: Does this amendment leave on the language that we
put in that allowed NDSU to go off campus?
Representative Monson: Yes, it wouldn’t change that. I guess we are
going to have to bite the bullet because it’s gone too far and we’re not going
[to] reverse it. This language would stop any other ones from happening
without full disclosure and blessing of the full legislative body or at least the
budget section so we don’t end up with this dispute again. This would make
it very clear that they tell us about anything that is going to be renovated,
rented or whatever off campus by any institution.
Hearing on H.B. 1003 Before Conference Comm., 2007 N.D. Leg. (Apr. 20) (Statements of
Sen. Holmberg and Rep. Monson).
14 2007 N.D. Sess. Laws ch. 3, § 22 (emphasis added).
15 Bernhardt v. Bernhardt, 561 N.W.2d 656, 658 (N.D. 1997). See also Solen Pub. Sch.
Dist. No. 3 v. Heisler, 381 N.W.2d 201, 203 (N.D. 1986) (ordinarily “shall” is mandatory).
16 Facilities, Section 902.3 Attachment to Information Packet and Agenda for N.D. State
Bd. of Higher Educ. Meeting (Nov. 9, 2006) (on file with NDUS office). NDSU entered into
a lease agreement for the lease of Barry Hall to NDSU by the Foundation. Lease
Agreement Barry Hall between NDSU Dev. Found. and NDSU (Nov. 1, 2007).
LETTER OPINION 2010-L-11
June 28, 2010
Page 5
manner and means by which a governmental entity exercises its authority where not
prescribed by the Legislature is not subject to the rule of strict construction, but is left to
the discretion of the agency.17 The issue is whether the SBHE had the authority to allow
NDSU to enter into a lease agreement and make the lease payments for Barry Hall.
The SBHE was created in the North Dakota Constitution and approved and ratified by the
people on June 30, 1938.18 The SBHE was created for the “control and administration” of
the state’s institutions of higher education known as the North Dakota University System.19
The SBHE was given full authority over the institutions under its control to ensure that
politics did not play a role in the administration of those institutions.20
The North Dakota Constitution provides:
The said state board of higher education shall have full authority over the
institutions under its control with the right, among its other powers, to
prescribe, limit, or modify the courses offered at the several institutions. In
furtherance of its powers, the state board of higher education shall have the
power to delegate to its employees details of the administration of the
institutions under its control. The said state board of higher education shall
have full authority to organize or reorganize within constitutional and
statutory limitations, the work of each institution under its control, and do
each and everything necessary and proper for the efficient and economic
administration of said state educational institutions.21
The provisions in N.D. Const. art. VIII, § 6 are self-executing.22
17 See Haugland v. City of Bismarck, 429 N.W.2d 449, 453-54 (N.D. 1988) (the general
statutory powers of a city to borrow money by issuing general obligation bonds did not
provide the exclusive method of borrowing but rather only specified one method of
exercising a city’s general borrowing authority).
18 See Posin v. State Bd. of Higher Educ., 86 N.W.2d 31, 34 (N.D. 1957). The alumni
association started a petition for a constitutional amendment to remove control of the
colleges from the Board of Administration and place it in the hands of a nonpolitical board
of higher education in response to Governor Langer’s attempt, in 1937, to fire Higher
Education employees and gain control of their payroll at NDSU. N.D.A.G. Letter to Hagen
(Feb. 12, 1992).
19 N.D. Const. art. VIII, § 6; Peterson v. N.D. Univ. Sys., 678 N.W.2d 163, 167 (N.D. 2004).
20 N.D.A.G. 86-16.
21 N.D. Const. art. VIII, § 6(6)(b) (emphasis added).
22 N.D. Const. art. VIII, § 6(8).
LETTER OPINION 2010-L-11
June 28, 2010
Page 6
As a body established by the constitution, the SBHE is entitled to a degree of autonomy in
its administration of the state’s institutions of higher education.23 The North Dakota
Supreme Court determined that the powers vested in the SBHE are administrative in
nature and that the constitutional provision does not vest the SBHE with legislative
powers, i.e., the power to create laws.24 In general terms this means the SBHE “manages
and supervises” the institutions.25
State agencies and departments are allowed to lease or rent buildings when additional
space is needed provided that the lease is reviewed by the director of the Office of
Management and Budget.26 Institutions under the SBHE are exempt from the
requirements of this law.27 Article VIII, § 6 of the North Dakota Constitution specifies the
primary missions and cities in which the institutions of higher education are located, but
does not restrict the authority of the SBHE to decide on the locations of the various
departments of each university.28 It is my opinion that the language in the constitution
which allows the SBHE to “do each and everything necessary and proper for the efficient
and economic administration of said state educational institutions” provides the SBHE the
power to enter into lease agreements for real property, i.e., that leasing classroom space
is part of the SBHE’s power to “manage and supervise” its institutions.29 The SBHE can
exercise its powers directly or it can delegate to its employees details of the administration
of the institutions under its control.30
The SBHE delegates the authority to negotiate and execute real property leases and
rental agreements to the institutions.31 A lease of real property must be limited to the
current biennium or include a non-appropriation clause.32 A non-appropriation clause
allows the agency to terminate the lease if insufficient funds are appropriated by the
Legislature for rent. 33 The lease agreement for Barry Hall contains a non-appropriation
clause and also contains a provision that the obligation to pay rent “shall constitute a
current expense of NDSU for such term and shall not constitute an indebtedness of
23 N.D.A.G. 91-18; N.D.A.G. 86-16.
24 Nord v. Guy, 141 N.W.2d 395, 402 (N.D. 1966).
25 Id.
26 N.D.C.C. § 54-21-24.1.
27 Id.
28 N.D. Const. art. VIII, § 6(1).
29 N.D. Const. art. VIII, § 6(6)(b).
30 Ellis v. N.D. State Univ., 764 N.W.2d 192, 199 (N.D. 2009).
31 SBHE Policy 909.
32 Id.
33 Red River Human Servs. Found. v. Dep’t of Human Servs., 477 N.W.2d 225 (N.D.
1991).
LETTER OPINION 2010-L-11
June 28, 2010
Page 7
NDSU, the Board or the State within the meaning of the Constitution and laws of the
State.”34 Such clauses are necessary to ensure that a debt of the state is not created in
violation of the constitution and ultimately give the Legislature the option to disallow the
continued lease of real property by a state institution by electing to not appropriate funds
for the lease.35
In consideration of the above analysis, it is my opinion that the SBHE has the power to
enter into a lease agreement for additional building space for classrooms off the NDSU
campus.
The next question is whether the SBHE and NDSU have the authority to pay the rent for
the lease of Barry Hall. As stated above, the SBHE has very broad powers including that
the “state board of higher education shall have control of the expenditure of the funds
belonging to, and allocated to such institutions and also those appropriated by the
legislature, for the institutions of higher education in this state.”36 In a previous opinion,
this office offered this interpretation of this language in N.D. Const. art VIII, § 6:
The Legislature may appropriate any sum deemed necessary for the
maintenance of the several state institutions, but it would appear that the
Legislature has no control over other institutional funds. Or, stating it
differently, the Legislature, of course, has control over all funds raised by
any method of taxation, but the board of higher education has the control of
other funds such as institutional collections, income and interest which
under the constitution belong to and are allocated to the several state
institutions.37
Section 15-10-12, N.D.C.C., creates a special revenue fund for each institution under the
control of the SBHE.38 “All other funds, unless restricted by the terms of a grant, donation,
or bequest, received by the institutions from federal, state, and local grants and contracts,
indirect cost recoveries, tuition, special student fees, room and board fees and other
34 Lease Agreement Barry Hall between NDSU Dev. Found. and NDSU (Nov. 1, 2007).
35 N.D. Const. art X, § 13; N.D.A.G. 97-L-96.
36 N.D. Const. art. VIII § 6(6)(e); see also N.D.C.C. § 15-10-16 (“The state board of higher
education has the control of the expenditure of the funds belonging and allocated to the
institutions under its control and also of those appropriated by the legislative assembly
for such institutions, but funds appropriated by the legislative assembly and specifically
designated for any one or more of such institutions may not be used for any other
institution.”).
37 N.D.A.G. 46-89.
38 N.D.A.G. 79-6.
LETTER OPINION 2010-L-11
June 28, 2010
Page 8
auxiliary enterprise fees, student activity fees, continuing education program fees, internal
service fund revenues, and all other revenues must be deposited in the institution special
revenue funds.”39 The funds in these accounts are appropriated on a continuing basis to
the SBHE.40
Each biennium the Legislature grants authority to the SBHE to spend the funds under its
control.41 The control of how to spend these funds rests with the SBHE.42 According to
information provided to my office by counsel for the University System, general fund
moneys are not being used to make the lease payments.43 The lease payments are made
using “local funds” which revenues derive from indirect cost recoveries, interest income,
soft drink commissions and transfers from auxiliary fund accounts, including parking
revenues and other auxiliary funds.44 Therefore, the SBHE has authority from several
sources to spend the necessary funds. It has constitutional authority under article VIII, § 6,
statutory authority under N.D.C.C. § 15-10-12, and authority granted by the Legislature to
spend other funds received on a biennial basis.
Because the SBHE and NDSU elected not to proceed with the construction of a building
pursuant to the authority granted by the Legislature in the 2007 Session Law, I need not
address your individual questions relating to whether the University System was in strict
compliance with the letter of the 2007 Session Law. NDSU had authority to proceed with
the lease agreement for Barry Hall; however, NDSU and the SBHE might have kept the
Legislature better informed about the plans for Barry Hall because the decision to lease
changed a construction plan approved separately during two legislative sessions. A
clearer course of action would have been for NDSU and the SBHE to immediately notify
the Legislature of the new plans for Barry Hall when the decision was made in November
2006 to lease an existing building rather than construct a new building.
For the foregoing reasons, it is my opinion that since the 2007 Session Law did not contain
any requirements and because the SBHE had separate powers that allowed NDSU to
39 N.D.C.C. § 15-10-12.
40 Id.
41 See, e.g., 2007 N.D. Sess. Laws ch. 3, § 11 (“[a]ll funds, in addition to those
appropriated in section 3 of this Act, from federal, private, and other sources, received
by the institutions and entities under the control of the state board of higher education
are appropriated to those institutions and entities, for the biennium beginning July 1,
2007, and ending June 30, 2009.”).
42 N.D.A.G. Letter to Stenehjem (Mar. 6, 1987).
43 E-mail from Pat Seaworth, Gen. Counsel, NDUS, to Matthew A. Sagsveen, Assistant
Attorney Gen. (Feb. 23, 2010, 11:56 AM) (on file with author of e-mail).
44Id.
LETTER OPINION 2010-L-11
June 28, 2010
Page 9
lease a building to house the NDSU College of Business, there could be no violation of the
Session Law.
Sincerely,
Wayne Stenehjem
Attorney General
lsm
This opinion is issued pursuant to N.D.C.C. § 54-12-01. It governs the actions of public
officials until such time as the question presented is decided by the courts.45
45 See

Monday, June 28, 2010

North Dakota OIl News -- Ron Ness

FYI – The Petroleum Council is hosting an oil field tour on Thursday, August 26 in Stanley. Invites will be sent in the next ten days to all legislators and spouses. We will meet at 10:30 am at the Minot Holiday Inn and take buses to Stanley to tour a drilling rig, well site, frac, rail facility, and crew camp. That evening in Minot for those who want to spend the evening we will host a social and dinner (with no program). A room block at the Holiday Inn is available. RSVP required to me or Marsha Reimnitz at ndpc@ndoil.org or 701-223-6380 by Aug 13.




--------------------------------------------------------------------------------

From: North Dakota Petroleum Council [mailto:ndpc@ndoil.org]
Sent: Friday, June 25, 2010 12:22 PM
To: NDPC Members
Subject: NDPC June E-News



Below, and attached, is the North Dakota Petroleum Council’s June E-News. Have a nice weekend!



North Dakota Petroleum Council E-News

June 2010







New Members – Thanks to the new Petroleum Council members Badger Daylighting Corp., Balon Valves, Bayou Well Services, Brigham Oil and Gas, Hamm & Phillips Service Co., Olsson Associates, Otter Tail Corporation, and University of North Dakota – GGE.



US Williston Basin Oil Production – Charts courtesy of North Dakota Pipeline Authority. More information is available on the NDPA website.



2009 US Williston Basin Oil Production, BOPD 2010 US Williston Basin Oil Production, BOPD



MONTH
ND
E. MT*
SD
TOTAL

Jan
187,821
73,598
4,978
266,397

Feb
192,272
74,201
4,805
271,278

March
195,798
73,042
4,664
273,504

April
196,701
71,664
4,611
272,976

May
206,078
70,681
4,407
281,166

June
215,074
69,407
4,607
289,088

July
227,879
67,488
4,334
299,701

Aug
232,367
65,573
4,305
302,245

Sep
238,173
65,622
4,471
308,266

Oct
240,042
64,540
4,542
309,123

Nov
245,854
63,091
4,666
313,611

Dec
242,107
61,919
4,247
308,273

MONTH
ND
E. MT*
SD
TOTAL

Jan
236,114
59,304
3,679
299,097

Feb
261,179
62,147
4,580
327,906

March
277,332


--

April
284,345


--

















* Eastern Montana production composed of the following Counties: Carter, Daniels, Dawson, Fallon, McCone, Prairie, Richland, Roosevelt, Sheridan, and Wibaux.















Workforce Needs Study to Address Oil Industry Issues – In an effort to address infrastructure issues resulting from North Dakota’s expanding oil industry, the North Dakota Petroleum Council and the North Dakota Department of Commerce are co-sponsoring an oil industry workforce needs study.



The Oil and Natural Gas Workforce/Skill Needs Assessment is aimed at identifying projected workforce needs for all sectors of the oil industry. The results will then be used to approximate the number of new industry employees needed over the next several years, as well as determine areas where infrastructure expansion and development are necessary. Once the identified workforce related challenges are prioritized, partnerships can be formed to address and resolve the issues.



The study will be based on a sample size of approximately 75 oil industry companies. Ted Renner, president of Electronic Media, has been contracted to conduct the study on behalf of the Petroleum Council and Department of Commerce.



Results of the last study, which was conducted in 2006, showed that nearly 12,000 new oil and gas industry employees would be needed by 2010. This information was critical for policymakers and industry to assess the need for training and housing.



Join Us For The Oil Can! Bakken Rocks CookFests – Plans are underway for the Petroleum Council’s 2nd annual Bakken Rocks CookFests. This year’s events will be held from 5-8 p.m. CDT in Tioga on July 27 and in New Town on July 29. The Tioga CookFest will take place at Odegaard Park, and the New Town CookFest will take place at the Four Bears Casino – Little Shell Amphitheatre. This year, a Bakken Basics general education session has been added to the events. The session will be held from 2:30-4:30 p.m. CDT at both locations.



A dozen locally active operators will partner with service companies for a chance at claiming the rights to the “Best Oil Field BBQ Experience” at each location. Lots of food, fun and entertainment for the whole family will accompany educational booths and a chance to visit with industry professionals. We’re expecting a large crowd, and we hope to see you there! Please RSVP online.



GRILL TEAMS

TIOGA – JULY 27
NEW TOWN – JULY 29

Murex Petroleum – Wyoming Casing/Missouri Basin Well Service
Marathon Oil Corporation – Bear Paw

Hess Corp. – Nabors Drilling
Slawson Exploration – Key Energy

Continental Resources – Hamm & Phillips
Whiting Petroleum Corp. – Halliburton

Petro-Hunt – Nabors Wells Service
Petro-Hunt – Nabors Wells Service

XTO – Penkota Wireline
Kodiak Oil and Gas – Wyoming Casing/Missouri Basin Well Service

Brigham Exploration – S&S Sales/EnerMAX
Questar – Balon Valves

Whiting Petroleum Corp. – Halliburton
EOG Resources – S&S Sales/EnerMAX

Oasis Petroleum – Ward Williston
Peak North Dakota

SM Energy Co. – Bayou Well Service
Enerplus – Red Rock Transportation

Enbridge Pipelines (ND)
Spotted Hawk – Power Fuels


XTO – Penkota Wireline


Denbury Resources




Gov. Hoeven Advances Studies and Initiatives to Assist Oil and Gas Counties in Planning for Infrastructure Needs for the Upcoming Legislative Session – "Our Department of Commerce is working with a full range of key partners to assess and meet infrastructure needs in the oil patch,” said Gov. Hoeven. "As part of our overall planning efforts, we are looking at transportation, housing, workforce and other issues critical to meeting the needs of the oil and gas producing counties.”



1. A transportation study by the Great Plains Transportation Institute, in cooperation with the Oil and Gas Producing Counties and the Commerce Department. This study will be completed in November.

2. A housing study, in cooperation with the Housing Finance Agency, BND, Commerce Department, Minot State University and affected communities.

3. Technical Assistant Matching Grant program available from the Department of Commerce to help cities and counties develop plans for their water, sewer and other infrastructure needs.

4. Workforce Needs Assessment, in cooperation with the ND Petroleum Council and the Commerce Department, to identify what will be needed in terms of labor numbers and skills to sustain and grow the petroleum industry in western North Dakota.



Oil Industry Alert: If Constructing Communications Towers, You Must Follow Federal Requirements – The Federal Communications Commission's Federal Preservation Officer, Steve DelSordo, will present information on the agency's compliance process for communications towers. The construction of communications towers for the use of licensed spectrum is subject to review under Section 106 of the National Historic Preservation Act. Mr. DelSordo will explain the Section 106 process as it applies to communications towers. He will discuss tribal consultation and the role of the State Historic Preservation Office in the review of communications towers and will be available to answer questions. The presentation will take place on Tuesday, June 29 at 10:00 a.m. CDT at the 4 Bears Casino and Lodge in New Town, ND.





Seminar participants toured a drilling rig near Stanley, ND.

2010 Teacher Education Seminar a Success – More than 40 teachers and new industry members gathered for the 2010 Teacher Education Seminar in Bismarck, June 7-10. With all of the oil activity taking place in North Dakota, this year’s attending teachers were very interested, engaged and ready to learn. In addition to learning from a number of industry professionals regarding various aspects of the industry, teachers had the opportunity to tour a well site, drilling rig, producing well, rail facility, reclaimed site in the Stanley area, the Mandan Tesoro Refinery, and the North Dakota Heritage Center.



Seminar Reviews:

“I came to this seminar looking for guidance to the growing oil production process and was blown away with all the possibilities, technology and opportunities that are available in western North Dakota.”



- Doug Margerum, Richland High School, Colfax, ND



“The seminar presented a wealth of information and resources for students and classroom use. I will definitely be utilizing this information and materials. Thank you for the opportunity to attend this seminar. I will be sharing the whole experience with colleagues, students and friends.”



- Dianne Sonstelie, Fosston High School, Fosston, MN



Thank you to all those involved in making the Teacher Education Seminar a success! Special thanks to Larry Dokken, Lynn Helms and Kent Ellis for their extra efforts in coordinating and teaching at the seminar. We also want to thank the companies who provided tours, prizes, and sponsored the oil field lunch.



The seminar is funded by the Petroleum Council and a grant from the Oil & Gas Research Council.





Town Hall Meetings – A series of town hall meetings to discuss oil related activity in the western portion of North Dakota are in the works. These meetings will give local citizens an opportunity to hear from and question industry professionals regarding issues of concern. The town hall meetings are scheduled for October 5 in Westhope, Bowbells and Crosby, and October 6 in Williston, Watford City and Dickinson. More information to follow.



Hazardous Materials Training – DOT Hazardous Material training is required by the Federal Department of Transportation. It must be renewed every three years. A state issued CDL with a hazmat endorsement does NOT meet this requirement. There are penalties up to $500,000 per violation.



The North Dakota Propane Gas Association has a Hazardous Materials class scheduled for July 20 at the Holiday Inn, Minot, ND. Go to http://ndpropane.org/training/trainingschedule.asp for a registration form. Call Mary at 701-223-3370 if you have questions.



Pipeline Proposed to Connect Basin with Eastern Montana – On June 9, Quintana Capital Group filed a letter of intent with the North Dakota Public Service Commission for a new crude oil pipeline project that would connect the major producing regions of the Williston Basin with the Keystone XL Pipeline in Eastern Montana. Quintana is currently meeting with producers/shippers in the basin to gain the necessary support to move forward.



Project Details

Capacity: 100,000 BOPD initially; expandable to 120,000 BOPD

Header size: 110 miles of 10” pipe and 55 miles of 12” pipe

Truckline size: 145 miles of 16” pipe

Estimated cost: $250 million

Origin: Williams, Mountrail and McKenzie counties

Terminates: Interconnect with the Keystone XL Pipeline near Baker, MT

Timeline: If adequate support is obtained during an upcoming open season, pipeline could be in service March 2013.



EPA Announces a Schedule of Public Meetings on Hydraulic Fracturing Research Study – The U.S. Environmental Protection Agency (EPA) is hosting four public information meetings on the proposed study of the relationship between hydraulic fracturing and its potential impacts on drinking water. The meetings will provide public information about the proposed study scope and design. EPA will solicit public comments on the draft study plan.



The public meetings will be held on:

· July 8 from 6:00 - 10:00 p.m. CDT at the Hilton Fort Worth in Fort Worth, TX

· July 13 from 6:00 - 10:00 p.m. MDT at the Marriot Tech Center’s Rocky Mountain Events Center in Denver, CC.

· July 22 from 6:00 - 10:00 p.m. EDT at the Hilton Garden Inn in Canonsburg, PA.

· August 12 at the Anderson Performing Arts Center at Binghamton University in Binghamton, NY for 3 sessions: 8:00 a.m. - 12:00 p.m., 1:00 - 5:00 p.m., and 6:00 - 10:00 p.m. EDT



Natural gas plays a key role in our nation’s clean energy future and hydraulic fracturing is one way of accessing this vital resource. However, serious concerns have been raised about hydraulic fracturing’s potential impact on drinking water, human health and the environment. To address these concerns, EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water.



To support the initial planning phase and guide the development of the study plan, the agency sought suggestions and comments from the EPA Science Advisory Board (SAB)—an independent, external federal advisory committee. The agency will use this advice and extensive stakeholder input to guide the design of the study. Stakeholders are requested to pre-register for the meetings at least 72 hours before each meeting.

More information on the meetings: http://www.epa.gov/safewater/uic/wells_hydrofrac.html



US Chemical Safety Board - Free Downloadable Safety Video for E&P Sites – The Chemical Safety Board (CSB), in response to the recent surge of accidents at oil and gas production sites across the U.S., has undertaken a national campaign to teach young people about the dangers of being in close proximity to unsecured sites. An educational video called "No Place to Hang Out" was produced as part of that effort and chronicles the tragic story of two Mississippi teenagers who were killed in October 2009 in an oil tank explosion. Teachers can download the video and lesson plan online or contact the U.S. CSB for a free copy.

The CSB has produced many safety videos for industry on a variety of topics. One recent video, "Seven Lessons to Prevent Worker Deaths During Hot Work in and Around Tanks," is an excellent resource for employees that perform welding, cutting, and other hot work around tanks that contain flammable liquids.



Petroleum Council Facts & Figures Available – The Petroleum Council’s annual collection of agency data related to the oil and gas industry in North Dakota is now available online and for distribution. North Dakota is now the 4th largest oil producing state in the nation. The state’s annual oil production grew by more than 26% in 2009, reaching nearly 80 million barrels, and the drilling rig count averaged 52 rigs per day. All-time oil tax revenues to the state are nearly $3 billion.



ND Oil PAC Seeking Contributions – Established in 1981, the North Dakota Oil PAC aids political candidates in North Dakota who support the oil and gas industry and work to promote good government and maintain a positive business climate for the industry in North Dakota. In North Dakota, only contributions in excess of $200 are reportable. Sorry, but corporate contributions are not allowed. Only personal checks are accepted. For a donation application, or more information, see the Petroleum Council’s website.



Mark Your Calendars!

July 27 Bakken Rocks CookFest – Tioga, ND

July 29 Bakken Rocks CookFest – New Town, ND

August 26 Legislative Tour Day – Stanley, ND

Sept. 21-23 Petroleum Council Annual Meeting – Holiday Inn (Riverside), Minot, ND



For more information on any of these issues or to be removed from the mailing list, contact the North Dakota Petroleum Council at

(701) 223-6380, ndpc@ndoil.org, or see www.ndoil.org.









Marsha Reimnitz

North Dakota Petroleum Council

PO Box 1395

Bismarck ND 58502

701.223.6380

701.222.0006 fax

http://www.ndoil.org

ndpc@ndoil.org



"Only people who do things get criticized."

Senator Tom Seymour's Web site

Sentator Tom Seymour's Web site
http://www.seymour-senate.us

Sunday, June 27, 2010

North Dakota Legislative Information Technology Committee to Meet in Fargo on June 29, 2010

NORTH DAKOTA LEGISLATIVE MANAGEMENT
Tentative Agenda
INFORMATION TECHNOLOGY COMMITTEE
Tuesday, June 29, 2010
North Dakota State University
Microsoft Fargo
Fargo, North Dakota
(The committee will begin its meeting in Room 124, Richard H. Barry Hall, North Dakota State
University, 811 Second Avenue North, Fargo.)
8:30 a.m. Call to order
Roll call
Consideration of the minutes of the March 24, 2010, meeting
ELEMENTARY AND SECONDARY EDUCATION
INFORMATION TECHNOLOGY INITIATIVES
8:35 a.m. Demonstration by representatives of the Educational Technology Council of highdefinition
video classrooms
HIGHER EDUCATION INFORMATION TECHNOLOGY INITIATIVES
9:20 a.m. Presentation by a representative of the North Dakota University System regarding
higher education information technology planning, services, and major projects,
including a status report on the Northern Tier Network project
9:35 a.m. Demonstration by a representative of the University System regarding Internet2
REPORT FROM THE CHIEF INFORMATION OFFICER
10:30 a.m. Presentations by Ms. Lisa Feldner, Chief Information Officer, Information Technology
Department, and representatives of the Information Technology Department of:
• Information technology rates for the 2011-13 biennium
• The information technology planning cycle, including the process of prioritizing
proposed major information technology projects by the State Information Technology
Advisory Committee
• A report on the status of health information technology activities pursuant to 2009
Senate Bill No. 2332
LARGE INFORMATION TECHNOLOGY PROJECT REPORTING
11:15 a.m. Presentation by a representative of the Information Technology Department of the most
recent quarterly summary status report on large information technology projects and
any department concerns regarding projects
11:20 a.m. Presentation by the Legislative Council staff of a summary of information technology
project startup and project closeout reports completed by various state agencies
11:25 a.m. Presentation by a representative of Workforce Safety and Insurance regarding the
status of the agency's information technology transformation project
PROPOSED INFORMATION TECHNOLOGY BILL DRAFTS
Presentation by the Legislative Council staff, comments by Ms. Feldner, comments by
other interested persons, and committee discussion and consideration of the following
bill drafts relating to:
11:40 a.m. • The exchange of information with the health information exchange
11:50 a.m. • The definition of a large information technology project
2
12:10 p.m. Recess - Travel to Commons Building, Microsoft Fargo, 4550 42nd Street South, Fargo
12:40 p.m. Luncheon recess
OTHER BUSINESS
1:15 p.m. Presentation by a representative of Microsoft Fargo regarding the changing world of
information technology
1:30 p.m. Tour of Microsoft Fargo facilities
2:30 p.m. Committee discussion and staff directives
3:00 p.m. Adjourn
Committee Members
Senators Larry J. Robinson (Chairman), Randel Christmann, Joe Miller, Tom Seymour, Rich Wardner
Representatives Craig Headland, Corey Mock, Bob Skarphol, Gary R. Sukut, Robin Weisz, Lonny
Winrich
Chief Information Officer Lisa Feldner
Staff Contacts: Roxanne Woeste, Assistant Legislative Budget Analyst and Auditor
Allen H. Knudson, Legislative Budget Analyst and Auditor

Saturday, June 26, 2010

Midwest Energy Alliance

MEEA Minute — June 2010


Midwest Energy Efficiency Alliance
645 N. Michigan Avenue
Suite 990
Chicago, IL 60611

312.587.8390 phone
312.587.8391 fax
www.mwalliance.org

Join our mailing list
Update your contact info

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Join MEEA on LinkedIn




MEEA has just launched a group on LinkedIn. The group is open to anyone who works in the energy sector with an interest in progressing energy efficiency in the Midwest.


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Up Coming Events

5th Annual Michigan Energy Fair

June 25-27 at the Rock Financial Showplace in Novi, Michigan.


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Sustainable Energy Conference 2010

July 12-16 in Bethlehem, PA.


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NEM Summer Policy Leadership Conference

July 14-15 at the University Club of Chicago in Chicago, IL.


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For more Upcoming Events, check out our Midwest Energy Calendar.
In this Issue

Welcome to the MEEA Minute, our monthly newsletter, including news from MEEA and our members and allies, efficiency news and events from around the Midwest, and more. In this issue read about:

MEEA Broadens Solid-State Lighting Efforts
MEEA Technical Webinar Series
MEEA Missouri EEPS Analysis
RE-AMP Energy Efficiency Working Group In-Person Meeting Recap
New MEEA Members
Energize Missouri Program Announcements
Call for Rural Electric Cooperatives EE Case Studies
MEEA's Toolkit for Rural Energy Efficiency- AVAILABLE
DOW Vision Zero – Living Net-Zero in Michigan
MEEA Job Posting - Technical Advisor
Lord Stanley Returns to the Midwest

Articles

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MEEA Broadens Solid-State Lighting Efforts


The past month has been a busy one for MEEA in the realm of solid-state lighting. As a way of spreading more SSL news more often, we have launched Crosslight, a blog which delivers regular updates on SSL technology, conferences and events, and interviews with industry figures. As our work in this area grows, the information we want to convey has expanded beyond what we can incorporate into the MEEA Minute, so be sure to check Crosslight often to hear the latest.

MEEA has also just issued its regional Midwest SSL Plans & Perceptions Survey. With this survey, we hope to learn how our members and partners are making SSL part of their approach to efficiency, and what factors are helping or hindering them. If you have opinions you’d like to share on your company’s approach to solid-state lighting, please respond to your survey invitation, or contact us (see below) to learn how to access this survey. All participants will receive a summary report of the compiled survey results, and one lucky respondent will receive a PAR 38 LED replacement lamp from Maxlite, valued at over $100.

Lastly, MEEA has been working to assist multiple partners in installing and testing LED products. In the past we have nurtured our members’ efforts in the Midwest by offering assistance in technical aspects of SSL pilots and issuing RFPs/RFQs to LED manufacturers and vendors. Currently, MEEA is assisting U.S. DOE in a field assessment of Philips’ L Prize competition entry (visit Crosslight to track this effort). We have been proud to partner with the Merchandise Mart in Chicago to play a role in bringing practical LED replacement technology into residential homes. MEEA is also on the verge of installing advanced SSL luminaires at another notable Chicago site – stay tuned for updates as we cast an even wider net in pushing for the best in high-efficiency lighting.

If you are interested in learning more about any of MEEA’s work in lighting, please contact Chad Bulman at cbulman@mwalliance.org.


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MEEA Technical Webinar Series


Join MEEA and its members on the third Tuesday of every month from 1:00-2:30p.m.CST for the MEEA’s Technical Webinar series.

MEEAs Technical Webinar Series is a service provided to members. These webinars occur on the third Tuesday of every month from 1:00-2:30 P.M. (CST). The goal of the series is to give members an opportunity to promote their product or service to industry professionals. Each webinar is a great way to raise interest, and gain support.

MEEA’s next Technical Webinar scheduled for July 20th will spotlight Owens Corning’s new EnergyComplete Whole Home Insulation System.

Click Here to reserve a place on the webinar. Questions can be directed to Nathen Pepper at npepper@mwalliance.org.

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MEEA Missouri EEPS Analysis


MEEA has released a new report that examines the potential savings that the state of Missouri could achieve through the adoption of a statewide energy efficiency resource standard (EERS) at a level of 2.0% of electricity and 1.5% of natural gas to be met with energy efficiency by 2022, as was proposed during the 2010 legislative session.

Our analysis shows that by 2025, Missouri could be using 10.5% less electricity and 10.3% less natural gas than the projected level that would be seen without an efficiency standard. This could save Missouri customers $1.8 on their energy bills and build an energy efficiency industry of 3,500 jobs in the state. Adopting an EERS that reached these efficiency levels more quickly would increase these potential savings.

Click Here to access a copy of the MEEA Missouri EEPS Analysis.


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RE-AMP Energy Efficiency Working Group In-Person Meeting Recap

The RE-AMP Energy Efficiency Working Group held there in-person meeting in Madison Wisconsin on June 7-8. The meeting brought together over 25 Working Group Members from throughout RE-AMP’s eight state region. MEEA has been chairing the RE-AMP Energy Efficiency Working Group under the leadership of Anne McKibbin and Jessica Collingsworth serves as the Working Group Associate.


At the meeting, working group members discussed energy efficiency regionally with the aid of an EE Matrix created by MEEA. The matrix tracks the status of EERS, decoupling, building codes, and PACE in each of the Midwest states. In addition, the group was given a federal update on the Climate Bill and the Building Star Program by Brad Penney and Carol Guest from the Alliance to Save Energy.


The meeting concluded with the development of the Energy Efficiency Working Group’s Goals and Priorities, which include: implementing energy efficiency portfolio standards that achieve annual savings of at least 2% of electric sales, and at least 1.5% of natural gas sales; to establish regulatory frameworks that value energy efficiency as a priority resource; to adopt and ensure enforcement of the strongest national building energy codes, and adopting incentives to build beyond code; and to evaluate complementary policies, programs, and technologies to achieve efficiency on both the customer and utility side of the meter.

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New MEEA Members


Building Science Energy Services



Building Science Academy headquartered in XX, Michigan, is committed to providing every individual with the skills to enter the energy efficiency and green jobs work force. This includes entry level workers with no experience in construction or energy auditing through experienced building contractors and energy auditor/raters. The Academy is committed to not just preparing our students for certification but with the knowledge and hands-on experience and capabilities to put their certification to WORK!



United Financial



United Financial of Illinois, Inc. is a privately held financial services company founded in 1986 and headquartered in the Chicago suburb of Naperville, IL. United Financial has provided billions of dollars in financing and has an established reputation for providing dependable, innovative investment and financing products. The company specializes in structuring financial products focused on energy efficiency, renewable energy sources and other related programs tailored to meet the needs of its Vendors and their End-User Federal and Municipal Government and Commercial customers.

The Company offers financial solutions through its extensive network of investors and works closely with its customers to understand and serve their financial business needs and design individual financial programs tailored specifically to meet their requirements.

Green Market Solutions



Green Market Solutions based in XX offers programs that focus on the marketing, promotion and implementation of energy efficiency and renewable energy programs all toward helping our clients meet their energy efficiency and renewable energy goals. To assist in achieving state and local energy efficiency and renewable energy goals, Green Market Solutions (GMS) provides services that increase participation in residential and commercial energy efficiency and renewable energy programs. Lead Generation & Community Outreach Services; Compact Fluorescent Lamp (CFL) Conversion Services; Energy Audit & Retrofit Services.

GMS offers world class talent to deliver solutions to our clients. Our entire team works with a results-oriented, client service mindset which leads to value creation for our clients. Our program data and results can be easily communicated to a variety of constituencies, including state regulators, utility boards and community groups.


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Energize Missouri Program Announcements


Funding Opportunities for MO Residential and C&I Customers

The Missouri Department of Natural Resources has launched Energize Missouri Programs to distribute State Energy Program funds to residential and commercial & industrial customers from the $57,393,000 that the State received through the American Recovery and Reinvestment Act. The Missouri Department of Natural Resources has allocated a total of $25 million for the following C&I and Residential Home programs:

Industrial Energy Efficiency Program - Provides incentives for industries to perform energy audits and energy efficiency retrofits such as involving lighting or heat recovery systems.
Best Price Efficiency Program - Provides opportunities for industries to increase their levels of energy efficiency by reducing overall energy use and reducing fossil fuel emissions.
Neighborhood Challenge - Provides grants for organizations to implement a behavioral efficiency program in an effort to encourage homeowners to reduce overall energy consumption in their homes. The program is designed to increase awareness of energy consumption as homeowners compare their household’s energy usage to that of their neighbors’. There are three options in this program:
Home Energy Reports, in which homeowners receive home energy reports for electricity usage for 12 months,
In-Home Energy Monitoring Devices, in which homeowners receive devices that display their energy usage data, or
Combination Program, which combines the Home Energy Reports and the In-Home Energy Monitoring Devices options.
Homeowner Upgrades and Geothermal Program – Allows single-family homeowners to receive an energy audit and perform energy-saving retrofits throughout their homes with additional incentives to install geothermal systems. The HUG program will be implemented by regional aggregators who will communicate with homeowner participants, provide technical assistance, and process all program requests. Eligible aggregator applicants include municipal utilities, cooperative utilities, investor-owned utilities, units of local government and nonprofit organizations.
Multi-Unit Residential Retrofits Program - Residential multi-unit buildings apply for improvement projects including lighting, insulation, furnaces and central air. Buildings must have 10 or more residential units participate to be eligible for funding and retrofits can occur both inside the residential units, and in shared spaces of the complex.
For more information on all five programs, including application and program guidelines, please visit www.EnergizeMissouri.org. If you have any questions please call toll-free 1-877-610-0834. Program application deadlines are below.

Program
Application Submittal Deadline

Best Price Energy Efficiency
June 25th, 2010 at 4 PM CDT

Neighborhood Challenge
July 2nd, 2010 at 4 PM CDT

Industrial Energy Efficiency
July 9th, 2010 at 4 PM CDT

Homeowner Upgrades and Geothermal
July 9th, 2010 at 4 PM CDT

Multi-Unit Residential Retrofits
July 9th, 2010 at 4 PM CDT





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Call for Rural Electric Cooperatives EE Case Studies


MEEA is looking for case studies and best- practices about rural electric cooperative energy efficiency programs. Case Studies will be listed on MEEA’s website to provide industry professionals, and energy efficiency experts a resource for innovative strategies to save energy. If you would like to have your case study listed on our website, please contact Nathan Pepper, npepper@mwalliance.org


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MEEA's Toolkit for Rural Energy Efficiency - AVAILABLE


MEEAs Toolkit for Rural Energy Efficiency (TREE), an efficiency best practices resource for rural electric cooperatives, provides regional co-ops with an informational database on industry best practices, successful programs, barriers to energy efficiency, marketing strategies, and lessons learned. Ideally, this outreach piece helps to ensure the successful launch and implementation of energy efficiency programs by electric cooperatives throughout the Midwest.

TREE is comprised of two parts; a short video covering successful energy efficiency programs, and a formal report showing the results of the survey released to over one hundred cooperatives. Well received by cooperative members, the video features interviews with member-owners, and cooperatives that have launched successful energy efficiency programs. Please contact Nathan Pepper , npepper@mwalliance.org, for a copy of the DVD or if you want the TREE presentation at meeting.


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DOW Vision Zero – Living Net-Zero in Michigan


Vision Zero is a real, tangible example of a home that provides all the comforts and convenience of a modern, well-powered home – and none of the high utility costs or carbon emissions that usually follow.



Vision Zero is Michigan’s first net-zero energy home of record, an example of Dow’s collaboration with partners like MEEA member, the Michigan Department of Energy, Labor and Economic Growth and Cobblestone Builders, a Great Lakes Bay region homebuilder focused on energy-efficiency, to meet the shared goal of increasing our nation’s energy security, creating jobs and addressing the important goal of combating climate change. A net-zero energy home typically uses about 60 to 70 percent less energy than a conventional home, with the balance of its energy needs supplied by renewable technologies. The Vision Zero home uses a wide range of Dow materials and sustainable technologies, including next generation insulation and air-sealing products, and the revolutionary new DOW™ POWERHOUSE™ Solar Shingles. Cobblestone has also incorporated a wide range of products from a number of other leading suppliers that will conserve energy or harness renewable resources to keep the Vision Zero home comfortable, while meeting the zero-energy threshold.

The most important step is also the most affordable one – insulating and sealing all external walls, ceilings and foundation surfaces to produce a tight, well insulated, energy efficient “building envelope,” or outer shell. A variety of brand-leading Dow products were used to achieve this efficient envelope, including STYROFOAM™ SIS Brand Insulation, THERMAX™ Sheathing, GREAT STUFF PRO™ Insulating Foam Sealants, and more. Studies show that using energy-efficient materials like these can help reduce a home’s total energy consumption by as much as 50 percent.1 These weatherization solutions are primary considerations when designing a well-built home, because it is easier to design right the first time versus coming back and attempting to retrofit to these high standards later, after the home is completed. It also enables the energy-generating technologies to perform to their maximum efficiency more cost effectively.

The Vision Zero home, located at 3118 Summerhill Street in Bay City, will be open for viewing by appointment only. You can also take a virtual tour at www.visionzerohome.com.


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MEEA Job Posting - Technical Advisor


MEEA is seeking a Technical Advisor to be located in its Chicago, IL office; however, MEEA may consider exceptional candidates who can work remotely but still reside within the Midwest. The position is funded for up to 3 years but may lead to additional opportunities within MEEA or could be a contract employee if desired. The Technical Advisor will lead MEEA’s work in providing support to states, cities and counties in the Midwest region that are receiving federal Stimulus (ARRA) funding for implementation of energy efficiency and renewable energy programs. Send resume and cover letter to jobs@mwalliance.org


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Lord Stanley Returns to the Midwest

Congratulations to the Chicago Blackhawks for winning the 2010 NHL Stanley Cup!






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The Midwest Energy Efficiency Alliance (MEEA) is a collaborative network advancing energy efficiency in the Midwest to support sustainable economic development and environmental preservation.


--------------------------------------------------------------------------------

This work is licensed under a Creative Commons Attrib-Noncom-Share Alike 3.0 US License.
(cc)2008 Midwest Energy Efficiency Alliance: a 501(c)(3) organization


Sent to: tseymour@nd.gov
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Friday, June 25, 2010

North Dakota Legislative Higher Education Meeting in Bismarck on July 8

Please copy and paste this Higher Education Meeting URL into
your Browser for viewing.......

North Dakota Higher Education Meeting:
http://www.legis.nd.gov/assembly/61-2009/interim-info/notices/HE070810notice.pdf

ED Review -- Corporate Involvement in Education

ED Review -- Corporate Involvement in Education

Medicare ---- The Electronic Health Record site

The Electronic Health Record (EHR) Incentive Program Website is now available on CMS.gov!



The Centers for Medicare & Medicare Services (CMS) has launched the official website for the Medicare & Medicaid EHR Incentive Programs. This website provides the most up-to-date, detailed information about the EHR incentive programs.



The Medicare and Medicaid EHR Incentive Programs will provide incentive payments to eligible professionals and hospitals as they adopt, implement, upgrade, or demonstrate meaningful use of certified EHR technology.



Bookmark this site and visit http://www.cms.gov/EHRIncentivePrograms/ often to learn about who is eligible for the programs, how to register, meaningful use, upcoming EHR training and events, and much more!

Thursday, June 24, 2010

The Lindaa Barn Dance in Mayville, North Dakota

You have been sent this article from Elroy Lindaas


'Can’t waste a good waltz'
Ryan Bakken - 06/11/2010

MAYVILLE, N.D. — Rarely does anyone arrive fashionably late to a Lindaas barn dance. Instead, they arrive eagerly early. Even before the old-time music of waltzes, polkas, schottisches and two-steps, the guests are toe-tapping in anticipation. The non-dancers are itching to find a seat among the mish-mash of folding chairs and sofas, love seats, recliners and rockers that are rummage sale rejects. Eighty seats are available, and the summer dances routinely attract 100, some coming from as far as two hours away. With already a big and captive audience, host Elroy Lindaas and The Hayshakers start playing at 7:15 p.m., 15 minutes before the appointed time. Shoulder-to-shoulder on a barely-raised platform in a corner of the hayloft, the musicians strike up “The Tennessee Waltz.” Gordon Carlson and Loretta Wendilck, dance partners and pinochle partners from Finley, N.D., climb the winding steps and hit the plywood dance floor before she can set down her purse. “Can’t waste a good waltz,” explains Loretta, who at 81 is an average-age crowd member. Dancing isn’t the only attraction, says Gordon, 85. “It’s a community thing; we come to visit our neighbors, too.” A 20-year tradition Last Saturday marked the 21st year that Janice and Elroy Lindaas have welcomed all comers to their summer Saturday night dances, which number seven to 10 per year. They’re held in the hayloft, long ago free of hay. The classic-look barn, built in 1949, mostly from lumber recycled from the family’s 1900-built barn, hasn’t held livestock for ages, either, because of the changed face of Red River Valley agriculture. Retired farmers spot the hay carrier, a system of ropes and pulleys, on one end of the barn. Combining old-time music and nostalgia has been a big hit. The price — free — is right, too. “It’s the romantic old charm of something out of the past,” Lindaas said about the attraction. “It gets the older crowd thinking back.” Far from a capitalistic enterprise, it’s more of a socialistic operation. The seating, in a wide array of loud prints, is donated. When the original hayloft floor became too rough for dancing, a hat was passed and $600 was collected to build a plywood floor. Guests bring homemade cookies and bars to share during the 3½-hour dance. A donation jar sits on a table, near the guestbook. It all started in 1989, in a round-about way. Twin daughters Naomi and Roberta, then high school freshmen, asked if they could hold a barn dance. They could, dad said, if they cleaned the loft. They did, and the loft held a record-spinning event in the fall. At the time, the singing, guitar-playing Elroy Lindaas was part of a musical group that “liked to jam” and was always looking for somewhere to play. The newly clean loft became that spot. “After a while, a few people started showing up with lawn chairs to listen,” he said. “Pretty soon, some started dancing. Word spread and it just progressed from there.” Adding to the informality, none of the musicians read music, instead playing from memory. The Hayshakers’ name is a tribute to their farming background and the former use of their dance hall. “Even if it’s some work, no one is enjoying it more than me,” Lindaas said. Guest band members welcome Barb Nohrenberg traveled 100 miles from her home in Pingree, N.D. “Worth every mile,” she said. Playing the piano, Nohrenberg was one of eight volunteers joining The Hayshakers core group of five. Every night is open-mic night at the barn, with a standing invitation for anyone to be part of the band. On opening night, the band swelled to 13, with one each playing the piano and harmonica, two on the banjo, three on the accordion, three on the guitar and three on the fiddle — which shouldn’t be mistaken for a violin. Conrad Tande, a 92-year-old from Grand Forks, played the banjo and wore a dust-coated “World’s Greatest Grandpa” cap as he sang “In the Good Old Summer Time.” The oldest dancers — but just barely — were the Kroeplins, Edwin (94) and Wanita (91). They were each married 60 years, were widowed and have been married to each other for 10 years. “We’ve spawned lots of matrimony here,” Lindaas said. In their younger days, the Kroeplins remember attending barn dances and house parties. “At the barn dances, they moved the hay out of the way and at the house parties, they put all the furniture on the lawn and you danced in the house,” Wanita said. But none of those dances long ago can beat the barn for good, clean fun. “We like to dance,” Wanita said. “The music is great, the floor is great and the people are great.” And, Edwin whispers, “There’s no alcohol. That’s wonderful.” No alcohol is the barn’s only rule, in the interest of preserving a family atmosphere. Bars are usually the only places to hear old-time music, attendees say. But they prefer this rural setting without the booze, the smoke or the occasional rowdiness. Plus, the barn conjures memories for many of growing up on the farm. “You had to have everything in the olden days,” Edwin Kroeplin said. “You had hogs, milk cows, chickens and hay land. I remember my barn held 50 tons of hay.” These days, one barn holds 50 tons of fun. Reach Bakken at (701) 780-1125; (800) 477-6572, ext. 125; or send e-mail to rbakken@gfherald.com.

Wednesday, June 23, 2010

The Bush Foundation Report for Your Review

Do copy and paste the URL below to read the Bush Foundation Report......

The Bush Foundation Report.
http://www.bushfoundation.org/Publications/2009_Annual_Report.pdf

Tuesday, June 22, 2010

North Dakota Legislative Budget Section Meets in Bismarck Today

NORTH DAKOTA LEGISLATIVE MANAGEMENT
Tentative Agenda
BUDGET SECTION
Tuesday, June 22, 2010
Senate Chamber, State Capitol
Bismarck, North Dakota
8:30 a.m. Call to order
Roll call
Consideration of the minutes of the March 11, 2010, meeting
8:35 a.m. Presentation by representatives of the Office of Management and Budget regarding:
• Status of the general fund
• Irregularities in the fiscal practices of the state pursuant to North Dakota Century
Code Section 54-14-03.1
• The American Recovery and Reinvestment Act of 2009, including an update of
funding information and the number of nonstate employees who have been
employed in the private sector using federal stimulus funding
• Report on any tobacco settlement proceeds
9:00 a.m. Presentation by representatives of the Department of Human Services and Affiliated
Computer Services regarding the status of the Medicaid management information
system project and by representatives of the Department of Human Services regarding
the status of Medicaid claims processing
* 9:15 a.m. Budget Section consideration of state agency requests pursuant to Chapter 54-16 that
have been authorized by the Emergency Commission and require consideration by the
Budget Section:
• Adjutant General (Request #1731) - Request to increase spending authority by
$20,859,375 of federal funds from the Federal Emergency Management Agency
(FEMA) for costs relating to 2010 spring flooding
• Adjutant General (Request #1732) - Request to increase spending authority by
$28,368,750 of federal funds from FEMA for costs relating to damage caused by an
April 2010 spring storm
• Racing Commission (Request #1733) - Request to increase the Racing Commission
line item by $75,000 of special funds from the Racing Commission administrative
fund for expenses associated with licensing of account waging companies
• Council on the Arts (Request #1734) - Request to increase the grants line item by
$209,029 of federal funds from the National Endowment for the Arts to be distributed
for arts programming throughout the state
• Game and Fish Department (Request #1736) - Request to increase the salaries and
wages line item ($61,000), the capital assets line item ($20,000), and the grants line
item ($1,062,500) for a total of $1,143,500 of federal funds from the United States
Department of Agriculture and the United States Department of the Interior for
various fishing-related projects, dam repairs and retrofitting, boat ramps, shoreline
stabilization and fishing access projects, and monitoring of avian influenza and
chronic wasting disease
2
• Department of Public Instruction (Request #1737) - Request to increase the salaries
and wages line item ($67,958) and the operating expenses line item ($100,000) for a
total of $167,958 of federal funds available from the American Recovery and
Reinvestment Act of 2009 for the administration of the Title I - School Improvement
Grant program
• Attorney General (Request #1738) - Request to increase the capital assets line item
by $269,877 of federal funds from the Department of Justice and the Office of
National Drug Control Policy to purchase equipment for the State Crime Laboratory
• Department of Corrections and Rehabilitation (Request #1739) - Request to increase
the juvenile services line item by $308,125 of federal funds available from the
Department of Commerce for implementing energy conservation projects and
improving environmental conditions at the Youth Correctional Center
• Department of Corrections and Rehabilitation (Request #1740) - Request to increase
the adult services line item by $122,656 of federal funds from Job Service North
Dakota to implement a workforce training project
• Department of Corrections and Rehabilitation (Request #1741) - Request to increase
the adult services line item by $1,730,000 of special funds from Roughrider
Industries to allow Roughrider Industries to manage and operate the prison
commissary
9:40 a.m. Presentation by the Legislative Council staff of a memorandum regarding the authority
of the Budget Section to approve Adjutant General requests to spend funding from the
state disaster relief fund
* 9:50 a.m. Presentation by representatives of the Adjutant General of a request for Budget Section
approval to spend up to $4,781,250 from the state disaster relief fund, pursuant to
provisions of 2009 Senate Bill No. 2012, to match federal disaster relief funds relating to
spring 2010 flooding and storms
10:05 a.m. Presentation by a representative of the Department of Commerce on the centers of
excellence monitoring report and distribution of the annual audit reports of the following
centers of excellence pursuant to Section 15-69-05(2):
• Dickinson State University Strom Center for Entrepreneurship and Innovation
• Valley City State University Enterprise University
• Lake Region State College Dakota Center for Optimized Agriculture
• University of North Dakota Center for Life Sciences and Advanced Technology
• Bismarck State College National Energy Center of Excellence
• University of North Dakota National Center for Hydrogen Technology
• North Dakota State University Center for Advanced Electronics Design and
Manufacturing
• University of North Dakota Center for Unmanned Aircraft Systems Research,
Education and Training
• North Dakota State University Center for Agbiotechnology: Oilseed Development
• North Dakota State University Center for Surface Protection
• Williston State College Petroleum Safety Technology Center
3
• University of North Dakota Center of Excellence in Space Technology and
Operations
• University of North Dakota Petroleum Research, Education, and Entrepreneurship
Center
• University of North Dakota SUNRISE BioProducts
* 10:35 a.m. Presentation by a representative of the Centers of Excellence Commission and
committee consideration of the following funding award recommendations for centers of
excellence made by the Centers of Excellence Commission and considered by the
Emergency Commission pursuant to Section 15-69-02:
• North Dakota State University - Center for Sensors, Communications and Control,
$2.8 million (Request #1742A) (The Emergency Commission recommends the
Budget Section approve the request.)
• North Dakota State University - Center for Advanced Technology Development
and Commercialization (CATCOM), $3.9 million (Request #1742B) (The Emergency
Commission recommends the Budget Section approve the request.)
• Minot State University - Minot State University/Trinity Health Geriatric Research
Center, $500,000 (Request #1742C) (The Emergency Commission recommends the
Budget Section not approve the request.)
* 11:40 a.m. Presentation by representatives of the Game and Fish Department regarding land
acquisitions in McKenzie and LaMoure Counties that require Budget Section approval
pursuant to Section 20.1-02-05.1:
• Tract 1 - 983 acres in McKenzie County adjoining the Yellowstone River--$363,333,
of which $113,333 is from the game and fish fund and $250,000 is from an United
States Fish and Wildlife Service grant
• Tract 2 - Approximately seven acres in LaMoure County adjoining the James River
on the outskirts of the City of LaMoure, recreation area and fishing access--$36,000
from the game and fish fund
12:00 noon Luncheon recess
* 1:00 p.m. Presentation by a representative of the Board of University and School Lands of a
report regarding state agencies that have not submitted a claim for unclaimed property
belonging to those agencies and Budget Section consideration of the relinquishment of
agencies' rights to recover unclaimed property pursuant to Section 47-30.1-24.1
* 1:10 p.m. Presentation by representatives of the North Dakota University System regarding the
following requests for Budget Section approval of changes to the following project
authorizations pursuant to Section 48-01.2-25:
• Dakota College at Bottineau - Request for Budget Section approval for a decrease in
scope of the Dakota College at Bottineau Entrepreneurial Center for Horticulture
project
• University of North Dakota - Request for Budget Section approval to increase the
project authorization and scope of the Northern Plains Center for Behavioral
Research project to include a skywalk. The project cost is estimated to increase by
$409,000, of which $169,326 is from the general fund and tuition income and
$239,674 from available local funds.
• North Dakota State University - Request for Budget Section approval to increase the
project authorization of the North Dakota Forest Service greenhouse project at the
Towner State Nursery by $91,000, from $300,000 to $391,000
4
• Mayville State University - Request for Budget Section approval to increase the
project authorization of the science/library renovation and educational addition
project by $180,000, from $4,958,325 to $5,138,325. The additional funding will be
from deferred maintenance funding.
* 1:25 p.m. Presentation by representatives of the University System regarding the following
requests for Budget Section approval under Chapter 15-10:
• University of North Dakota - Request for Budget Section approval to use $220,000 of
asbestos settlement funds as local matching funds for the O'Kelly Hall renovation
project pursuant to Section 15-10-12.3
• North Dakota State University - Request for Budget Section approval of a
$29,361,750 addition to the Research I facility, including $15,661,750 of grant and
contract funds and $13.7 million of equipment from the Research II facility, pursuant
to Section 15-10-12.1
• University of North Dakota - Request for Budget Section approval to accept and
spend $1.9 million for renovations to the Energy and Environmental Research
Center, Building 184, pursuant to Section 15-10-12.1. Funding consists of private
sector contract funds, federal funds, and local contract-generated facilities and
administrative funds.
• Valley City State University - Request for Budget Section approval to change funding
sources for the renovation of Snoeyenbos Hall from $3.5 million of revenue bond
funds to $3.43 million of recovery zone economic development bonds and $70,000 of
institutional funds pursuant to Section 15-10-12.3
• Dickinson State University - Request for Budget Section approval to change funding
sources for the Badlands Activities Center from donations and gifts to donations,
gifts, and student fee revenues pursuant to Section 15-10-12.3
* 1:45 p.m. Presentation by representatives of Minot State University of a request for Budget
Section approval to change the source of funding for the Health and Wellness Center
project under Section 15-10-12.3 to include institutional funds and to change the scope
of the project under Section 48-01.2-25 to include a skywalk, climbing wall, and
additional fitness and office equipment
1:50 p.m. Presentations by representatives of the University System regarding an update of the
status of the University of North Dakota School of Medicine and Health Sciences
Bismarck Center for Family Medicine capital project
* 1:55 p.m. Presentation by a representative of the Information Technology Department regarding a
request for Budget Section approval to spend the agency's contingent general fund
appropriation of $2,263,883 for a statewide longitudinal data system
2:00 p.m. Presentation by a representative of the North Dakota State University Development
Foundation regarding foundation funds used for salary enhancements, building projects,
scholarships, and other items
2:10 p.m. Presentation by a representative of the Veterans' Home on the status of the Veterans'
Home construction project pursuant to 2009 Senate Bill No. 2007
2:20 p.m. Presentation by a representative of the Tax Department regarding current revenues
distributed to political subdivisions as a result of the tribal oil agreement and an estimate
of distributions to political subdivisions under the tribal oil agreement if the payments
were computed based on total revenues rather than revenues allocated to the state
2:30 p.m. Presentation by the Legislative Council staff of information on the 2009-11 biennium
report on agency compliance with legislative intent
5
2:40 p.m. Presentation by a representative of the Public Service Commission regarding a report
on the status of the metrology program transition from a public to a private service
2:50 p.m. Presentation by a representative of the Department of Commerce regarding a report on
the status of financing provided to early childhood facilities and grants to early childhood
facilities pursuant to Section 4 of 2009 Senate Bill No. 2225
3:00 p.m. Presentation by representatives of the Department of Transportation regarding the use
of state, federal, emergency, and other highway funding by the Department of
Transportation, counties, cities, and townships pursuant to Section 11 of 2009 Senate
Bill No. 2012
3:10 p.m. Report from the Highway Patrol regarding the status of implementation of the
commercial vehicle information systems and networks pursuant to 2009 Senate Bill
No. 2011
3:20 p.m. Presentation by a representative of the Industrial Commission regarding a report on the
status of the Mill and Elevator study pursuant to Section 11 of 2009 Senate Bill
No. 2014
3:40 p.m. Presentation by a representative of the Bank of North Dakota regarding the estimated
fiscal impact of discontinuing the issuance of federal student loans on July 1, 2010, as
required by federal law
3:50 p.m. Report from the Tobacco Prevention and Control Executive Committee regarding the
implementation of the comprehensive tobacco prevention and control plan pursuant to
2009 House Bill No. 1015
4:00 p.m. Committee discussion and staff directives
5:00 p.m. Adjourn
* This item includes a request for Budget Section action.
Committee Members
Senators Ray Holmberg (Chairman), Bill Bowman, Randel Christmann, Tom Fischer, Tony S.
Grindberg, Ralph L. Kilzer, Karen K. Krebsbach, Elroy N. Lindaas, Tim Mathern, Carolyn Nelson,
David O'Connell, Larry J. Robinson, Tom Seymour, Bob Stenehjem, Rich Wardner, John Warner
Representatives Larry Bellew, Rick Berg, Merle Boucher, Al Carlson, Jeff Delzer, Mark A. Dosch, Mary
Ekstrom, Eliot Glassheim, Kathy Hawken, Lee Kaldor, Keith Kempenich, James Kerzman,
Matthew M. Klein, Gary Kreidt, Joe Kroeber, Bob Martinson, Ralph Metcalf, Shirley Meyer, David
Monson, Jon Nelson, Kenton Onstad, Chet Pollert, Bob Skarphol, Ken Svedjan, Blair Thoreson, Don
Vigesaa, Francis J. Wald, Alon C. Wieland, Clark Williams
Staff Contacts: Sara E. Chamberlin, Fiscal Analyst
Allen H. Knudson, Legislative Budget Analyst and Auditor

Monday, June 21, 2010

Sunday, June 20, 2010

Representative Matt Klein from Minot, North Dakota on Front Page of Minot Daily News

Yes, copy and paste the URL below into your Browser ................

North Dakota Representative Matt Klein on Front Page of Minot Daily News

http://www.minotdailynews.com/

Saturday, June 19, 2010

North Dakota Flooding --- Governor Hoeven Asks for Help

NEWS

FOR IMMEDIATE RELEASE

June 18, 2010



Contact: Don Canton or Lance Gaebe

(701) 328-2200



HOEVEN REQUESTS PDA FOR WARD COUNTY FLOODING

Counties in Existing Disaster Declaration May Also Be Eligible



BISMARCK, N.D. – Gov. John Hoeven today requested that the Federal Emergency Management Agency (FEMA) conduct a preliminary damage assessment for flood damages to public infrastructure in Ward County as a result of Thursday’s heavy rains. The Ward County Commission this morning issued an Emergency Declaration in the aftermath of the storm.



If the damages reach a dollar threshold of approximately $190,000, Ward County could be added to the existing Federal Disaster Declaration for spring flooding, which was approved on March 14. Funding is already available to state and eligible local governments and certain private nonprofit organizations under the current federal declaration on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the flooding in the designated counties.



Counties already included in that declaration may also be eligible to recover losses through state and federal sources as a result of the recent rains. Counties already included in the declaration are Barnes, Benson, Cass, Dickey, Emmons, Foster, Grand Forks, LaMoure, Logan, Mercer, Morton, Nelson, Pembina, Ramsey, Ransom, Richland, Sargent, Steele, Stutsman, Traill, Walsh, and Wells and the portions of the Spirit Lake Reservation that lie within these counties.



There were many reports of high winds, tornado sightings and consequent damage across North Dakota, but fortunately there are currently no reports of injury. The rural areas that were impacted are scattered throughout much of the state, with the most widely reported tornado activity in Grand Forks and Walsh counties.



-###-

Friday, June 18, 2010

Minot's Taube Museum has Jewelry Event

2 North Main Street • Minot, ND 58703 • 701-838-4445 • taube@srt.com www.taubemuseum.org

News Release June 16, 2010
For Immediate Release Contact: Nancy F. Walter



Just Jewelry…

Girls Night Out at the Taube Museum!!



(Minot, ND) – Gather your girlfriends for a fun filled summer event at the Taube Museum of Art, on Tuesday, July 6th, from 6 – 9 pm.



Just Jewelry will feature Velva jewelry designers, Michelle and Danielle Feist from the eclectic jewelry store, Bead Unique. Each piece of their designer jewelry has been hand-crafted and designed by them in their design studio and retail store. They state, “Our jewelry designs whisper to your soul.” To learn more about their designs visit www.beaduniquedesigns.net.



Also featured will be zipper artist, Karen Davidson and jewelry artist, Nancy Walter. Karen sells her work at her studio located at 115 1st St. SE, Minot, and at the Taube Museum of Art Gift Shop. For more information about Karen please visit www.zippermosaics.com. Nancy also sells her work at the Taube Museum of Art Gift Shop. Join in the fun and excitement of hand crafted jewelry by local artists while you enjoy wine, appetizers, and music. This event is free to Taube Museum of Art members and $2 at the door for nonmembers.



For further information about this event, contact Nancy F. Walter, Executive Director at the Taube Museum of Art at 838-4445. Normal business hours are 10:30am – 5:30pm Tuesday through Friday and 11:00am – 4:00pm Saturday.





###





Nancy F. Walter
Executive Director, Taube Museum of Art
2 N. Main St., Minot, ND 58703
701-838-4445

Fax: 701-838-6471

www.taubemuseum.org





"enriching lives through the visual arts"

Thursday, June 17, 2010

Agenda for North Dakota Legislative Budget Section Meeting on June 22, 2010

NORTH DAKOTA LEGISLATIVE MANAGEMENT
Tentative Agenda
BUDGET SECTION
Tuesday, June 22, 2010
Senate Chamber, State Capitol
Bismarck, North Dakota
8:30 a.m. Call to order
Roll call
Consideration of the minutes of the March 11, 2010, meeting
8:35 a.m. Presentation by representatives of the Office of Management and Budget regarding:
• Status of the general fund
• Irregularities in the fiscal practices of the state pursuant to North Dakota Century
Code Section 54-14-03.1
• The American Recovery and Reinvestment Act of 2009, including an update of
funding information and the number of nonstate employees who have been
employed in the private sector using federal stimulus funding
• Report on any tobacco settlement proceeds
9:00 a.m. Presentation by representatives of the Department of Human Services and Affiliated
Computer Services regarding the status of the Medicaid management information
system project and by representatives of the Department of Human Services regarding
the status of Medicaid claims processing
* 9:15 a.m. Budget Section consideration of state agency requests pursuant to Chapter 54-16 that
have been authorized by the Emergency Commission and require consideration by the
Budget Section:
• Adjutant General (Request #1731) - The request is to increase spending authority by
$20,859,375 of federal funds from the Federal Emergency Management Agency
(FEMA) for costs relating to 2010 spring flooding. The request was approved by the
Emergency Commission on March 23, 2010.
• Adjutant General (Request #1732) - The request is to increase spending authority by
$28,368,750 of federal funds from FEMA for costs relating to damage caused by an
April 2010 spring storm. The request was approved by the Emergency Commission
on April 20, 2010.
• Potential additional Emergency Commission requests to be considered by the
Emergency Commission on June 18, 2010
9:40 a.m. Presentation by the Legislative Council staff of a memorandum regarding the authority
of the Budget Section to approve Adjutant General requests to spend funding from the
state disaster relief fund
* 9:50 a.m. Presentation by representatives of the Adjutant General of requests for Budget Section
approval to spend funds from the state disaster relief fund pursuant to provisions of
2009 Senate Bill No. 2012
10:05 a.m. Presentation by a representative of the Department of Commerce on the centers of
excellence monitoring report and distribution of the annual audit reports of the following
centers of excellence pursuant to Section 15-69-05(2):
• Dickinson State University Strom Center for Entrepreneurship and Innovation
2
• Valley City State University Enterprise University
• Lake Region State College Dakota Center for Optimized Agriculture
• University of North Dakota Center for Life Sciences and Advanced Technology
• Bismarck State College National Energy Center of Excellence
• University of North Dakota National Center for Hydrogen Technology
• North Dakota State University Center for Advanced Electronics Design and
Manufacturing
• University of North Dakota Center for Unmanned Aircraft Systems Research,
Education and Training
• North Dakota State University Center for Agbiotechnology: Oilseed Development
• North Dakota State University Center for Surface Protection
• Williston State College Petroleum Safety Technology Center
• North Dakota State University Center for Integrated Electronic Systems
• University of North Dakota Center of Excellence in Space Technology and
Operations
• University of North Dakota Petroleum Research, Education, and Entrepreneurship
Center
• University of North Dakota SUNRISE BioProducts
• University of North Dakota Center of Excellence for Passive Therapeutics
• North Dakota State University Center for Biopharmaceutical Research and
Production
* 10:35 a.m. Presentation by a representative of the Centers of Excellence Commission and
committee consideration of funding award recommendations for centers of excellence
made by the Centers of Excellence Commission and considered by the Emergency
Commission pursuant to Section 15-69-02 and Section 14 of 2007 House Bill No. 1018
* 11:40 a.m. Presentation by representatives of the Game and Fish Department regarding land
acquisitions in McKenzie and LaMoure Counties that require Budget Section approval
pursuant to Section 20.1-02-05.1:
• Tract 1 - 983 acres in McKenzie County adjoining the Yellowstone River--$363,333,
of which $113,333 is from the game and fish fund and $250,000 is from an United
States Fish and Wildlife Service grant
• Tract 2 - Approximately seven acres in LaMoure County adjoining the James River
on the outskirts of the City of LaMoure, recreation area and fishing access--$36,000
from the game and fish fund
12:00 noon Luncheon recess
* 1:00 p.m. Presentation by a representative of the Board of University and School Lands of a
report regarding state agencies that have not submitted a claim for unclaimed property
belonging to those agencies and Budget Section consideration of the relinquishment of
agencies' rights to recover unclaimed property pursuant to Section 47-30.1-24.1
* 1:10 p.m. Presentation by representatives of the North Dakota University System regarding
requests for Budget Section approval of changes to the following project authorizations
pursuant to Section 48-01.2-25:
3
• Requests as approved at the June 17, 2010, State Board of Higher Education
meeting
* 1:35 p.m. Presentation by representatives of the University System regarding the following
requests for Budget Section approval under Chapter 15-10:
• Requests as approved at the June 17, 2010, State Board of Higher Education
meeting
1:50 p.m. Presentations by representatives of the University System regarding an update of the
status of the University of North Dakota School of Medicine and Health Sciences
Bismarck Center for Family Medicine capital project
* 1:55 p.m. Presentation by a representative of the Information Technology Department regarding a
request for Budget Section approval to spend the agency's contingent general fund
appropriation of $2,263,883 for a statewide longitudinal data system
2:00 p.m. Presentation by a representative of the North Dakota State University Development
Foundation regarding foundation funds used for salary enhancements, building projects,
scholarships, and other items
2:10 p.m. Presentation by a representative of the Veterans' Home on the status of the Veterans'
Home construction project pursuant to 2009 Senate Bill No. 2007
2:20 p.m. Presentation by a representative of the Tax Department regarding current revenues
distributed to political subdivisions as a result of the tribal oil agreement and an estimate
of distributions to political subdivisions under the tribal oil agreement if the payments
were computed based on total revenues rather than revenues allocated to the state
2:30 p.m. Presentation by the Legislative Council staff of information on the 2009-11 biennium
report on agency compliance with legislative intent
2:40 p.m. Presentation by a representative of the Public Service Commission regarding a report
on the status of the metrology program transition from a public to a private service
2:50 p.m. Presentation by a representative of the Department of Commerce regarding a report on
the status of financing provided to early childhood facilities and grants to early childhood
facilities pursuant to Section 4 of 2009 Senate Bill No. 2225
3:00 p.m. Presentation by representatives of the Department of Transportation regarding the use
of state, federal, emergency, and other highway funding by the Department of
Transportation, counties, cities, and townships pursuant to Section 11 of 2009 Senate
Bill No. 2012
3:10 p.m. Report from the Highway Patrol regarding the status of implementation of the
commercial vehicle information systems and networks pursuant to 2009 Senate Bill
No. 2011
3:20 p.m. Presentation by a representative of the Industrial Commission regarding a report on the
status of the Mill and Elevator study pursuant to Section 11 of 2009 Senate Bill
No. 2014
3:40 p.m. Presentation by a representative of the Bank of North Dakota regarding the estimated
fiscal impact of discontinuing the issuance of federal student loans on July 1, 2010, as
required by federal law
3:50 p.m. Report from the Tobacco Prevention and Control Executive Committee regarding the
implementation of the comprehensive tobacco prevention and control plan pursuant to
2009 House Bill No. 1015
4:00 p.m. Committee discussion and staff directives
5:00 p.m. Adjourn
4
* This item includes a request for Budget Section action.
Committee Members
Senators Ray Holmberg (Chairman), Bill Bowman, Randel Christmann, Tom Fischer, Tony S.
Grindberg, Ralph L. Kilzer, Karen K. Krebsbach, Elroy N. Lindaas, Tim Mathern, Carolyn Nelson,
David O'Connell, Larry J. Robinson, Tom Seymour, Bob Stenehjem, Rich Wardner, John Warner
Representatives Larry Bellew, Rick Berg, Merle Boucher, Al Carlson, Jeff Delzer, Mark A. Dosch, Mary
Ekstrom, Eliot Glassheim, Kathy Hawken, Lee Kaldor, Keith Kempenich, James Kerzman,
Matthew M. Klein, Gary Kreidt, Joe Kroeber, Bob Martinson, Ralph Metcalf, Shirley Meyer, David
Monson, Jon Nelson, Kenton Onstad, Chet Pollert, Bob Skarphol, Ken Svedjan, Blair Thoreson, Don
Vigesaa, Francis J. Wald, Alon C. Wieland, Clark Williams
Staff Contacts: Sara E. Chamberlin, Fiscal Analyst
Allen H. Knudson, Legislative Budget Analyst and Auditor