North Dakota Code § 48-05-02.1

Purchase of coal by the state and political subdivisions
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The state and all of its institutions, all political subdivisions, and all public schools, when 
purchasing coal for heating purposes, shall give preference to bidders supplying coal mined in 
North Dakota if such coal, on an aggregate basis, will provide equivalent British thermal units of 
heating value in comparison to coal mined elsewhere, if the total bid price of the coal mined in 
North Dakota and delivered is not higher than the total bid price of coal mined elsewhere and 
delivered, and if state air pollution permits to operate would not limit the use of North Dakota 
coal due to emissions limits. In evaluating the comparable price of North Dakota coal versus 
other coal, the state and its institutions, political subdivisions, and public schools may include 
any ash handling costs that may be associated with the use of North Dakota coal. The state or 
any of its institutions, any political subdivision, or any public school, when advertising for or 
reviewing bids for the purchase of coal for heating purposes, may not mandate the use of any 
particular type of coal or the region where the coal is to be mined.

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