Title 49 — PUBLIC UTILITIES AND CARRIERS

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 §

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 §

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. 49-41B-4.8. Repealed by SL 1981, ch 343 , § 5, as amended by SL 1983, ch 350 , § 2.

49-41B-5 Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests. 49-41B-5.1 Posting of signs on proposed site--Time for posting--Contents. 49-41B-5.2 Notification of area landowners by mail--Time for notific…

Source: SL 2024, ch 189 , § 7, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 8, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 9, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 10, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 11, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 12, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 13, rejected Nov. 5, 2024.

A notification of intent to apply for a permit for construction of an energy conversion facility or AC/DC conversion facility shall be filed with the Public Utilities Commission at least six months before filing an application as required in §

The utility shall post signs on the area where the energy conversion facility or AC/DC conversion facility is proposed to be sited to notify the public. The signs shall be posted on areas that are clearly visible to an ordinarily observant person and shall be posted within thirty…

Within thirty days following the filing of an application for permit, the applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the facility is to be constructed. For purposes of this section, the owner…

Within thirty days after the filing of the notification of intent to apply for a permit for the construction of an energy conversion facility or AC/DC conversion facility, the Public Utilities Commission shall designate the affected area and a local review committee composed of: …

The local review committee shall meet to assess the extent of the potential social and economic effect to be generated by the proposed facility, to assess the affected area's capacity to absorb those effects at various stages of construction, and formulate mitigation measures. Th…

The local review committee may employ such persons as determined by the Public Utilities Commission which may be required to carry out the provisions of § 49-41B-7 and the expenses of said staff shall be paid from the initial filing fee. The commission shall furnish copies of the…

Expense payments and other authorized payments to members of the local review committee for their service on the committee shall be financed by the unit of government or utility which they represent. Source: SL 1977, ch 390 , § 11.

A public storage warehouse is a public warehouse where any personal property except grain, as defined in subdivision 49-45-1.1 (2), is received for storage for hire and that generates more than five thousand dollars in gross income from storage for hire per calendar year. A publi…

Unless other insurance coverage is agreed to in writing by the depositor, a public storage warehouse shall keep all personal property of depositors fully insured against loss by fire, windstorm, and extended coverage risks. Failure to keep insurance in place is a Class 1 misdemea…

Any grain delivered to a public grain warehouse shall be considered stored at the time of delivery unless an arrangement has been made with the public grain warehouse operator prior to or at the time of delivery to apply the grain on contract, for shipment or consignment, or for …

Terms used in this chapter mean: (1) "Commission," the Public Utilities Commission of this state; (2) "Grain bank," grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed; (3) "Independent provider,…

Each public grain warehouse shall obtain a yearly measurement of all the grain in its facility and shall provide the results of the measurement to the commission along with a daily position report as of the time of the measurement. The measurement shall be performed by a qualifie…

49-43-11 Duty to receive grain--Exceptions--Violation as misdemeanor. 49-43-12

The lessee, owner, or manager of a public grain warehouse which has furnished a bond and received a public grain warehouse license, shall receive for storage all grain offered for storage at the warehouse, which at the time of the offer are in suitable condition for storage, and …

49-43-13 Notice of market value of grain and accrued storage charges. 49-43-14 Issuance of new receipts--Cancellation of old receipts. 49-43-15 Conditions to issuance of receipt--Violation as misdemeanor. 49-43-16

By June thirtieth of each year, each warehouse operator shall provide written notice to each current depositor of all outstanding warehouse receipts, grain in open storage, and grain in a grain bank account. The notice shall state the market value of the grain and any accrued sto…