Title 49, PUBLIC UTILITIES AND CARRIERS

The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the natural resources of the state. The Legislature also…

Within seven months after the application is filed the local review committee shall file a final report with the Public Utilities Commission which includes the recommendations of the committee as to mitigation measures and minority reports. Source: SL 1977, ch 390 , § 13.

All applications for a permit shall be filed with the Public Utilities Commission not less than six months prior to the planned date of commencement of construction of a facility in such form as prescribed by rules, and shall contain, but not be limited to, the following informat…

At the time of filing an application as required in § 49-41B-11 , an applicant must deposit the minimum fee with the commission. If required by the commission, an applicant must remit an amount to be determined by the commission based upon the actual cost of investigating, review…

An application may be denied, returned, or amended at the discretion of the Public Utilities Commission for: (1) Any deliberate misstatement of a material fact in the application or in accompanying statements or studies required of the applicant; (2) Failure to file an applicatio…

Within thirty days following receipt of an application for a permit, the commission shall: (1) Schedule a public input meeting; (2) Notify the applicant of the public input meeting; and (3) Serve notice of the application and public input meeting upon the governing bodies of the …

The commission shall hold any public input meeting as close as practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose of any public input meeting three times in at least one newspaper of general circulation in any county totally …

The parties to a proceeding under this chapter unless otherwise provided include: (1) The commission staff; (2) The applicant; (3) Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as …

The county auditor of each county where a facility is proposed to be sited is the agent for service of process upon a party. For energy conversion facilities, all counties in the designated siting area are included. Any party may receive all material filed in the matter by making…

A party to a proceeding under this chapter as provided in § 49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26 . Source: SL 2019, ch 200 , § 12.

The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein. Source: SL 1977, ch 390 , § 17; SL 2024, ch 1…

The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to t…

Terms as used in this chapter mean: (1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility, or vice versa; (2) "Associated fa…

For the purposes of this chapter, a transmission facility is: (1) An electric transmission line and associated facilities with a design of more than one hundred fifteen kilovolts. However, if the transmission line is less than two thousand six hundred forty feet, does not cross a…

For the purposes of this chapter, a facility is considered to be modified if: (1) A gas or liquid transmission line that did not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a t…

The final report shall be heard by the Public Utilities Commission at the final hearing wherein the commission makes its decision on the application for a permit. The local review committee report may be adopted in whole or in part, at the discretion of the commission. Source: SL…

Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9 . Source: SL 1977, ch 390 , § 16; SL 2007, ch 274 , § 2.

The applicant has the burden of proof to establish by a preponderance of the evidence that: (1) The proposed facility will comply with all applicable laws and rules; (2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condit…

Nothing contained herein shall prohibit an applicant from reapplying for a permit previously denied pursuant to § 49-41B-24 or 49-41B-25 within three years from the date of the denial of the original permit. Upon the first such reapplication, the applicant shall have the burden o…

If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to § 49-41B-24 or 49-41B-25 , the Public Utilities Commission may in its discretion decide if an applicant shall have the bu…

The provisions of § 49-41B-12 relating to deposits and fees required of applicants shall apply to all reapplications made pursuant to §§ 49-41B-22.1 and 49-41B-22.2 . Source: SL 1982, ch 333 , § 3.

The Public Utilities Commission may waive compliance with and provisions of this chapter if the utility or person submitting an application pursuant to the chapter demonstrates to the commission at a public hearing that an immediate, urgent need for a facility or an associated fa…

Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, or transmission facilities, the commission shall make complete findings in rendering a decision regarding whether a permit sh…

Upon request of the applicant, the commission may extend the deadlines for commission action established in §§ 49-41B-24 and 49-41B-25 . Source: SL 2019, ch 200 , § 10.

Within nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon…

Any person who plans on constructing a wind energy project consisting of wind turbines with a combined nameplate capacity that exceeds five megawatts shall notify the commission four months prior to the planned start of construction of the project. The notification shall be for i…

For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting i…

The commission must provide the applicant with a full financial accounting relating to the expenditures of the amount received pursuant to § 49-41B-12 . Except for the twenty thousand dollar minimum fee required pursuant to § 49-41B-12 , unused moneys must be refunded to the appl…

Utilities which have acquired a permit in accordance with the provisions of this chapter may proceed to improve, expand, or construct the facility for the intended purposes at any time, subject to the provisions of this chapter; provided, however, that if such construction, expan…

A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or …

A permit may be transferred, subject to the approval of the Public Utilities Commission to a person who agrees to comply with the terms, conditions, and modifications contained therein. The commission shall adopt rules pursuant to the authority granted under this chapter. Source:…

Every utility which owns or operates or plans within the next ten years to own or operate energy conversion facilities shall develop and submit a ten - year plan to the Public Utilities Commission. The plan shall be updated every second year after its submission. The plan shall c…

Any party to a permit issuance proceeding aggrieved by the final decision of the Public Utilities Commission on an application for a permit, may obtain judicial review of that decision by filing a notice of appeal in circuit court. The review procedures shall be the same as that …

Notwithstanding the provisions of § 49-41B-30 , the pendency of proceedings on appeal from a Public Utilities Commission order shall not of itself stay or suspend the operation of the order, but during the pendency of the proceedings the court may, upon motion by one of the parti…

If an order of the Public Utilities Commission is stayed or suspended the court shall require a bond with good and sufficient surety, conditioned that the party or parties petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commis…

A permit may be revoked or suspended by the Public Utilities Commission for: (1) Any misstatement of a material fact in the application or in accompanying statements or studies required of the applicant, if a correct statement would have caused the commission to refuse to grant a…

Any person required by this chapter to have a permit who begins construction of a facility without previously securing a permit as prescribed by this chapter, or who constructs, operates, or maintains a facility other than in compliance with the permit and any terms, conditions, …

To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26 . Rules may be adopted by the commission: (1) To establish the information requirements and procedures that every utility must follow when filing plans…

Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility. Source: SL 1977, ch 390 , …

This chapter shall be known as the South Dakota Energy Facility Permit Act. Source: SL 1977, ch 390 , § 1.

In the case of any trans - state transmission facility or transmission facility as defined in this chapter, the Public Utilities Commission shall require any person performing any construction or survey work to furnish an indemnity bond in a reasonable amount, which shall be in l…

All right and title in any financial security required by the commission for the decommissioning of a hybrid facility, wind turbines, or solar energy facilities must be controlled by the commission, in accordance with the terms of the financial security agreement or instrument, u…

No utility may begin construction of a facility in the state on or after July 1, 1979, without first having obtained a permit issued with respect to such facility by the Public Utilities Commission pursuant to this chapter. No such permit is required for an associated facility to…

No utility shall begin construction of a trans - state transmission facility within the state without first having obtained a permit as required in this chapter and approval by an act of the South Dakota Legislature. Source: SL 1979, ch 318 , §§ 3, 5; SL 1980, ch 327 , § 4.

The South Dakota Legislature before approving a proposed trans - state transmission line shall find that each of the following criteria has been met: (1) That the proposed trans - state transmission line and route will comply with all applicable laws and rules; (2) That the propo…

The transmission line to be used in the seasonal diversity exchange of electric power as set forth in the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Title 6, Section 602, is hereby declared to be subject to this chapter. Source: SL 1979, ch 318 , § 5; SL 1…

In the exercise of the authority of eminent domain pursuant to chapter 21-35 to acquire right - of - way or other property for a trans - state transmission facility, as defined by § 49-41B-2 , a property owner shall have the option to require the utility to take a fee interest in…

The attorney general shall commence action pursuant to chapter 21-47 where there is reason to believe that the utility has not complied with the provisions of § 49-41B-4.4 relating to the divestiture of agricultural lands within five years of their acquisition. Source: SL 1980, c…

The restrictions on corporate ownership of agricultural land pursuant to § 47-9A-3 shall not apply to acquisitions of agricultural land required by a proceeding pursuant to § 49-41B-4.4 . Source: SL 1980, ch 327 , § 11.

No utility required to divest lands pursuant to this chapter, shall be required to do so for less than fair market value. Source: SL 1980, ch 327 , § 12.