North Dakota requires council input on lignite research funding policies

The Industrial Commission must regularly consult the Lignite Research Council about research fund policies and receive its written recommendations. The council represents industry and public interests, including workers, tribes, and landowners. It recommends which projects should receive financial help. The governor appoints 24 members from a list provided by the Lignite Energy Council and may request a replacement list. The chairman of legislative management appoints two lawmakers. The council must meet at least twice a year. Its chairman must call a special meeting when any three members request one in writing.

The Industrial Commission may use program money to retain a technical adviser and must consider relevant qualifications when choosing independent project reviewers. The adviser supports the lignite research program through expert analysis and project evaluation. Reviewers’ qualifications include education and relevant government or industry experience. The Lignite Research Council determines whether a technical adviser is necessary. Funded projects must meet program goals, pass technical review, attract private matching investment, and receive a favorable council recommendation.

The Industrial Commission must review requests to protect business information and keep specified reviewers’ and council members’ identities confidential. The rules cover protected business information connected to commission applicants, contractors, and services. Identity protections cover independent technical reviewers and individual council members making recommendations. People or businesses seeking protection must explain the information’s economic value, why others cannot readily obtain it, and their efforts to keep it secret. The commission reviews whether the information is relevant and qualifies as a trade secret. If information is irrelevant or not a trade secret, the requester has ten days from notice to ask for its return. If no return is sought, the information and request become public.