54-17.6 Oil and Gas Research Council

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CHAPTER 54-17.6OIL AND GAS RESEARCH COUNCIL54-17.6-01. Definitions.1.&quot;Commission&quot; means the North Dakota industrial commission.2.&quot;Council&quot; means the oil and gas research council.54-17.6-02. Oil and gas research council purposes. There is created the oil and gasresearch council.The purpose of the council is to coordinate a program designed todemonstrate to the general public the importance of the state oil and gas exploration and<br>production industry, to encourage and promote the wise and efficient use of energy, to promote<br>environmentally sound exploration and production methods and technologies, to develop the<br>state's oil and gas resources, and to support research and educational activities concerning the<br>oil and natural gas exploration and production industry.54-17.6-03. Commission to operate council. The commission shall operate, manage,and control the council.54-17.6-04. Powers and duties of commission in managing and operating council.The commission is granted all the powers necessary or appropriate to carry out and effectuate<br>the purposes of this chapter, including the power to:1.Make grants or loans, and to provide other forms of financial assistance as<br>necessary or appropriate, to qualified persons for research, development, marketing,<br>and educational projects, and processes or activities directly related to oil and gas<br>exploration and production industry;2.Enter into contracts or agreements to carry out the purposes of this chapter,<br>including authority to contract for the administration of the oil and gas research,<br>development, marketing, and educational program;3.Keep accurate records of all financial transactions performed under this chapter;4.Cooperate with any private, local, state, or national commission, organization, or<br>agent, or group and to make contracts and agreements for programs benefiting the<br>oil and gas industry;5.Accept donations, grants, contributions, and gifts from any public or private source<br>and deposit such in the oil and gas research fund; and6.Make and explore orders, rules, and regulations necessary to effectuate the<br>purposes of this chapter.54-17.6-05. Oil and gas research council - Members.1.The oil and gas research council is composed of eight members, four of whom must<br>currently be engaged in and have at least five years of active experience in the oil<br>and natural gas exploration and production industry. The council consists of:a.Four members appointed by the governor from a list provided by the North<br>Dakota petroleum council. The governor may reject the list and request the<br>council to submit a new list until the appointments are made.b.One member appointed by the governor from a list provided by the North<br>Dakota association of oil and gas producing counties. The governor may rejectPage No. 1the list and request the association to submit a new list until the appointment is<br>made.c.The executive director of the North Dakota petroleum council or the executive<br>director's designee.d.The president of the northern alliance of independent producers or the<br>president's designee.e.A county commissioner from an oil producing county appointed by the<br>governor.f.The director of the oil and gas division and the state geologist shall serve on the<br>council as advisory nonvoting members.2.Subject to subsection 6, the terms of office for members of the council are three<br>years but of those first appointed, two serve for one year, two serve for two years,<br>and three serve for three years.3.The council shall select its chairman from among its members.4.The council shall have at least one regular meeting each year and such additional<br>meetings as the chairman determines necessary at a time and place to be fixed by<br>the chairman. Special meetings must be called by the chairman on written request<br>of any three members. Five members constitute a quorum.5.The council shall recommend to the commission the approval of grants, loans, or<br>other financial assistance necessary or appropriate for funding, research,<br>development, marketing, and educational projects or activities and any other matters<br>related to this chapter.6.Members of the council appointed by the governor serve at the pleasure of the<br>governor.54-17.6-06. Access to council records.1.Materials and data submitted to, or made or received by, the council or commission,<br>to the extent that the council determines the materials or data consist of trade<br>secrets or commercial, financial, or proprietary information of individuals or entities<br>applying to or contracting with the council or receiving council services under this<br>chapter, are not public records subject to section 44-04-18 and section 6 of article XI<br>of the Constitution of North Dakota, and are subject to section 44-04-18.4.2.A person or entity must file a request with the council or commission to have<br>material designated as confidential under subsection 1. The request must contain<br>any information required by the council and must include at least the following:a.A general description of the nature of the information sought to be protected.b.An explanation of why the information derives independent economic value,<br>actual or potential, from not being generally known to other persons.c.An explanation of why the information is not readily ascertainable by proper<br>means by other persons.d.A general description of any person or entity that may obtain economic value<br>from disclosure or use of the information, and how the person or entity may<br>obtain this value.Page No. 2e.A description of the efforts used to maintain the secrecy of the information.3.Any request under subsection 2 is confidential.The council shall examine therequest and determine whether the information is relevant to the matter at hand and<br>is a trade secret under the definition in section 47-25.1-01 or 44-04-18.4. If the<br>council determines the information is either not relevant or not a trade secret, the<br>council shall notify the requester and the requester may ask for the return of the<br>information and request within ten days of the notice. If no return is sought, the<br>information and request are a public record.4.The names or identities of independent technical reviewers on any project or<br>program and the names of council members making recommendations are<br>confidential, may not be disclosed by the council, and are not public records subject<br>to section 44-04-18 or section 6 of article XI of the Constitution of North Dakota.Page No. 3Document Outlinechapter 54-17.6 oil and gas research council