Volkswagen Settlement
Questions may be addressed to Keith Hinnenkamp at 701-328-5196 (KHinnenk@nd.gov).
The NDDEQ received 34 applications for Volkswagen Settlement funding during the third application period (Year 3)—all for vehicle replacement projects. Awards have been accepted by 28 applicants for the replacement of 6 large trucks, 20 school buses, and 2 medium trucks. The list of applicants that received an award and the amount of the award is posted here and in the Documents section below.
On October 25, 2016, a Partial Settlement and Consent Decree was finalized between the US Department of Justice and the Volkswagen Corporation (VW) regarding the installation and use of emissions testing defeat devices in over 500,000 VW vehicles sold and operated in the United States beginning in 2009. These devices violated the federal Clean Air Act and increased air emissions of the pollutant nitrogen oxide (NOx).
An environmental mitigation trust (trust) has been established as part of the consent decree to provide funds to the states to mitigate the negative air quality impacts of the violations. With the addition of the 3.0 liter vehicle settlement funds, North Dakota’s share of the trust will be up to $8.1 million dollars. The trust establishes a process for states to receive the funds and develop environmental mitigation plans. The trust also identifies the mitigation “actions” or projects that will be eligible for funding.
The Governor’s Office has appointed the North Dakota Department of Environmental Quality (NDDEQ) as the lead agency for the purposes of administrating the Volkswagen Settlement's environmental mitigation trust for the State of North Dakota.
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The NDDEQ received 23 applications for Volkswagen Settlement funding during the second application period (Year 2)—all for vehicle replacement projects. Awards have been accepted by 20 applicants for the replacement of 15 school buses and 10 medium/large trucks. The list of applicants that received an award and the amount of the award is posted here.
The NDDEQ received 36 applications for Volkswagen Settlement funding during the first application period -- 17 for vehicle replacement projects and 19 for electric vehicle charging station projects. Awards have been accepted by 12 applicants for vehicle replacement projects and 10 applicants for electric vehicle charging station projects. The list of applicants that received an award and the amount of the award is posted here.
On August 9, 2019, the NDDEQ submitted North Dakota’s environmental mitigation plan to Wilmington Trust (Trustee) for the Volkswagen Settlement. The plan can be viewed here: ND VW Mitigation Plan v1.0 (Final). The plan incorporated the input received during the prior public comment periods and meetings. As outlined in the settlement, the mitigation plan is non-binding and may be revised as necessary to meet a state’s needs. Revisions to the plan may be accomplished through required public notification and communication with the Trustee.
The North Dakota Department of Environmental Quality (NDDEQ) was officially established effective April 29, 2019. During the 2017 legislative session, lawmakers passed Senate Bill 2327, separating the Environmental Health Section from the North Dakota Department of Health (NDDoH) to create the NDDEQ. Due to the change, the NDDEQ has submitted a revised Certification for Beneficiary Status form (D–3) and completed the steps needed to be named the beneficiary for North Dakota. The form is posted in the Documents Section below.
The NDDoH held a public comment period to help finalize the mitigation plan. The 45-day comment period began July 17 and ended August 31, 2018.
Comments received during July 17 to August 31, 2018 Public Comment Period
| Jay Mosbrucker |
West Fargo, ND |
In support of Level 2 and 3 electric charging stations. Suggested removing new diesel as an eligible vehicle type for settlement funds. |
| Les Alvstad |
Farmers Union Oil, Fairmount, ND |
In support of propane engines and making propane more available to the public. |
| Zachary Kahn |
BYD America, Bronx, NY |
In support of broad multi-sector deployments of zero-emission vehicles and equipment. |
| Kate Teodosio |
Proterra, Greenville, SC |
Supports use of funds for project category 2) buses. Specifically, the replacement of school and transit buses with zero-emission/electric buses. |
| Paul Jensen |
Citizens Local Energy Action Network, Fargo, ND |
In support of transportation electrification. Recommended deprioritizing project categories 3) freight switchers, 7) airport ground support, and 8) forklifts. Does not support repowering existing diesel vehicles with new diesel engines. Supports the exclusion of DERA option in mitigation plan. In support of open, free-market allocation process. |
| Lucas Schaaf |
McLean Electric Cooperative, Garrison, ND |
Interest in electric vehicle charging stations. Would like to see older diesel vehicles eligible for replacement. |
| Paul Matthys |
Cass County Electric Cooperative, Fargo, ND |
In support of electric vehicles and Level 2 and 3 electric charging stations. |
| Britta Gross |
General Motors, Detroit, MI |
In support of electric vehicle charging stations. Highway corridor and urban DC-fast charging, workplace charging, multi-unit dwelling charging, and public key destination charging. |
| Jim Reynolds |
Adomani, Inc., Corona, CA |
In support of all-electric vehicle projects. Prioritize electric vehicle replacement projects. |
| John Bagu |
West Fargo, ND |
In support of electric school buses and prioritization of children’s health. Focus projects on areas with highest population/number of vehicles. |
| Sherri Merrow |
NGV America, Washington D.C. |
In support of natural gas vehicles. |
| Jason Bohrer |
Lignite Energy Council, Bismarck, ND |
Supports working with multiple sectors of the economy. Suggested private sector entities would be best suited to implement the projects. Suggested focusing on entities that have expertise in subject areas and the state’s relevant priorities. |
| Robert Moffitt |
American Lung Association, St. Paul, MN |
Supports the use of alternative fuel vehicles. Prioritize proposals that include DC-fast charging stations. |
| Greg Anderson |
Ottertail Power Company, Fergus Falls, MN |
In support of transportation electrification, electric vehicle charging network. |
| Josh Cohen |
SemaConnect, Inc., Bowie, Maryland |
In support of maximum allocation to electric vehicle charging infrastructure. |
| Emily Wier |
Greenlots, Los Angeles, CA |
In support of maximum allocation to light-duty electric vehicle charging infrastructure. |
| Josh Schaffner |
Capital Electric Cooperative, Bismarck, ND |
In support of maximum allocation to electric vehicle charging infrastructure. |
| John Schott |
ChargePoint, Campbell, CA |
In support of maximum allocation to electric vehicle charging infrastructure. |
In addition to the public comment period, public meetings were held in Fargo on July 30, 2018 and in Bismarck on July 31, 2018.
On January 29, 2018, the Trustee for the Volkswagen Settlement (Wilmington Trust) filed a Notice of Beneficiary Designation for North Dakota and all other entities that submitted a Certification for Beneficiary Status form to the Trustee. The Notice of Beneficiary Designation is posted in the Documents Section below.
The NDDoH has submitted the information to the Court and settlement Trustee to officially be named the beneficiary for the State of North Dakota. The Certification for Beneficiary Status form (D-3) signed by the Governor, Attorney General and State Health Officer, was submitted on November 21, 2017. The form is posted in the Documents Section below.
The final version of the state environmental mitigation trust was filed with the Court on October 2, 2017, establishing October 2, 2017 as the Trust Effective Date for the trust. This date is important as it starts the timeline for the actions a beneficiary (state designee) must complete to receive trust funds. The final trust agreement is posted in the Documents Section below.
During the March 1 to March 31, 2017 public comment period, the NDDoH sought public input on drafting North Dakota’s VW settlement environmental mitigation plan. Interested parties were encouraged to provide comments by following the requirements outlined in the partial consent decree. The comment period was not a solicitation for project proposals, but rather an opportunity for the public to provide comments to help guide the development of the mitigation plan.
Comments were received during March 1 to March 31, 2017 public comment period from the following groups or individuals:
Name
|
Organization
|
| Mike Rud |
ND Propane Gas Association |
| Jason Godsil |
Godsil Car Company |
| Les Alvstad |
Farmers Union Oil |
| Sherrie Merrow |
NGV America |
| Brad Redmond |
West Fargo Schools |
| Josh Kinard |
Harlow’s |
| Barry Warn |
Cummins |
| Julie Bommelman |
City of Fargo |
| Terry Ludlum |
City of Fargo |
| Paul Jensen |
Fargo C.L.E.A.N |
| Dr. John Bagu |
Dept. of Chemistry & Biochemistry, NDSU |
| Robert Moffitt |
ND Clean Cities & American Lung Association |
| Mindi Schmitz |
Environmental Law & Policy Center |
| Darrell Francis |
Souris Basin Transportation |
| Kathryn Hilton |
Morning After Citizens Group |
| Andrea Holl Pfennig |
ND Dept. of Commerce |
Last Updated: 04/01/2022
