Title 49 — PUBLIC UTILITIES AND CARRIERS

Any resolution or agreement pursuant to § 49-39-2 may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness…

A resolution or agreement pursuant to § 49-39-2 may further provide for the refunding of any revenue debentures, notes, warrants, bonds or other evidences of indebtedness through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness. …

Any resolution or agreement pursuant to § 49-39-2 may provide that all or any part of the revenues of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly…

All bonds of any consumers power district, whether issued to incur new indebtedness, or to refund or refinance existing indebtedness, shall be sold or negotiated for the benefit of the district by the directors in such manner as to them shall appear to be for the advantage, benef…

The issuance of variable rate obligations shall be authorized by resolution, order or ordinance of the board of directors of the district, which resolution, order or ordinance shall fix the maximum amount of obligations to be issued or, if applicable, the maximum principal amount…

The board of directors of the district may enter into credit agreements in conjunction with the issuance, payment, sale, resale, or exchange of obligations to enhance the security for or provide for the payment, redemption, or remarketing of the variable rate obligations and inte…

The directors of any district organized under the provisions of chapter 49-35 are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, as to the rates which such district shall charge and collect for elec…

Nothing contained in chapters 49-35 to 49-40 , inclusive, shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenues, incomes, receipts or profits to secure the payment of indebtedness to the federal government; provided, that the State of South…

In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any consumers power district under this chapter, such district may agree with such purchasers or holder…

No power plant or system owned by a consumers power district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this chapter. Source: SL 1950 (SS), ch 17 , § 59; SDC Supp 1960, § 52.1758.

After such hearing and such independent investigation as may be deemed advisable, the court shall grant or reject the prayer of a petition filed pursuant to § 49-40-9 , and, if the prayer of the petition is granted, the court shall thereupon issue its order declaring the district…

If, in order to borrow money, it shall become necessary that a consumers power district mortgage, or otherwise hypothecate, any of its said property or assets to secure the payment of a loan or loans made to it, such district is hereby authorized and empowered to do so. Source: S…

Any consumers power district may sell any power plant, electric generating plant, electric transmission, or distribution system, or any part thereof, for any sum and upon any terms that the board of directors of the district may consider fair and reasonable. Source: SL 1950 (SS),…

Section 49-40-3 is retroactive and is effective as to any resolution or agreement adopted by any consumers power district. Source: SL 1983, ch 347 , § 2.

Whenever any consumers district shall, as provided in chapters 49-35 to 49-40 , inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be wi…

If any municipality and consumers power district shall fail to agree upon a price and terms for the sale of property to such municipality pursuant to § 49-40-4 the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provide…

When the sum that is fair and reasonable shall have been determined as provided in § 49-40-5 , the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liq…

If a consumers power district is comprised of territory wholly within the corporate limits of a first or second class municipality then the district shall have power to lease or alienate the franchises, plant or physical equipment of the district to any private person, firm, asso…

Whenever a petition signed by a majority of the members of the board of directors or by twenty - five or more qualified voters of the state residing within the territorial boundaries of any district organized under and by virtue of chapter 49-35 , shall be presented to the circui…

Source: SL 1950 (SS), ch 17 , § 69; SDC Supp 1960, § 52.1768; SL 1992, ch 60 , § 2; SL 2017, ch 198 , § 3.

The utility is required to divest itself completely of all lands used for farming or capable of being used for farming within five years after the date of acquisition pursuant to this section. If these lands are not divested as provided by this section, they must be sold at a pub…

The form, terms, and conditions of such bond shall be subject to the approval of the Public Utilities Commission. Source: SL 1984, ch 213 , § 3.

Source: SL 2019, ch 202 , § 1; SL 2022, ch 173 , § 1; SL 2025, ch 193 , § 3.

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…

49-41B-2 Definition of terms. 49-41B-2.1 Transmission facility defined. 49-41B-2.2 Modified facility defined. 49-41B-3 Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents. 49-41B-4 Permit required before constructi…

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…

The Public Utilities Commission may require that further data be provided prior to the public hearings. The commission or applicant may also request that a prehearing conference be held prior to a public hearing which request shall be granted. Source: SL 1977, ch 390 , § 8. Effec…

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. 49-41B-18. Repealed by SL 1982, ch 332 , § 2.

49-41B-19 Evidence from state agencies or local government. 49-41B-19.1 Public comments on application. 49-41B-20 Final report heard by commission at final hearing--Decision on application--Adoption of committee's report. 49-41B-21 Environmental impact statement. 49-41B-22 Applic…

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

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