84
th Legislative Session _ 2009
1129ta
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That
§
49-41B-2
be amended to read as follows:
49-41B-2.
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 facilities," facilities which include, aqueducts, diversion dams, transmission
substations of two hundred fifty kilovolts or more, storage ponds, reservoirs, or cooling
ponds;
(3)
"Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide
molecules compressed in a supercritical state;
(4)
"Commission," the Public Utilities Commission;
(4)
(5)
"Construction," any clearing of land, excavation, or other action that would affect the
environment of the site for each land or rights of way upon or over which a facility may
be constructed, but not including activities incident to preliminary engineering or
environmental studies;
(5)
(6)
"Energy conversion facility," any new facility, or facility expansion, designed for or
capable of generation of one hundred megawatts or more of electricity, but does not
include any wind energy facilities;
(6)
(7)
"Facility," any energy conversion facility, AC/DC conversion facility, transmission
facility, or wind energy facility, and associated facilities;
(7)
(8)
"Permit," the permit issued by the commission under this chapter required for the
construction and operation of a facility;
(8)
(9)
"Person," an individual, partnership, limited liability company, joint venture, private or
public corporation, association, firm, public service company, cooperative, political
subdivision, municipal corporation, government agency, public utility district, or any
other public or private entity, however organized;
(9)
(10)
"Siting area," that area within ten miles in any direction of a proposed energy
conversion facility, AC/DC conversion facility, or which is determined by the
commission to be affected by a proposed energy conversion facility;
(10)
(11)
"Trans-state transmission facility," an electric transmission line and its associated
facilities which originates outside the State of South Dakota, crosses this state and
terminates outside the State of South Dakota; and which transmission line and
associated facilities delivers electric power and energy of twenty-five percent or
less of the design capacity of such line and facilities for use in the State of South
Dakota;
(11)
(12)
"Utility," any person engaged in and controlling the generation or transmission of
electric energy and gas or liquid transmission facilities as defined by § 49-41B-2.1;
(12)
(13)
"Wind energy facility," a new facility, or facility expansion, consisting of a
commonly managed integrated system of towers, wind turbine generators with
blades, power collection systems, and electric interconnection systems, that
converts wind movement into electricity and that is designed for or capable of
generation of one hundred megawatts or more of electricity. A wind energy facility
expansion includes the addition of new wind turbines, designed for or capable of
generating twenty-five megawatts or more of electricity, which are to be managed
in common and integrated with existing turbines and the combined megawatt
capability of the existing and new turbines is one hundred megawatts or more of
electricity. The number of megawatts generated by a wind energy facility is
determined by adding the nameplate power generation capability of each wind
turbine.
Section 2. That
§
49-41B-2.1
be amended to read as follows:
49-41B-2.1.
For the purposes of this chapter, a transmission facility is:
(1)
An electric transmission line and associated facilities with a design of two hundred fifty
kilovolts or more;
(2)
An electric transmission line and associated facilities with a design of one hundred fifteen
to two hundred fifty kilovolts, if more than one mile in length of the transmission line
does not follow section lines, property lines, roads, highways or railroads, or is not
reconstruction or modification of existing transmission lines and existing associated
facilities located on abandoned railroad rights-of-way; or
(3)
A gas or liquid transmission line and associated facilities designed for or capable of
transporting coal, gas, liquid hydrocarbons,
or
liquid hydrocarbon products,
or carbon
dioxide,
excluding any gas or liquid transmission lines or associated facilities which meet
any of the following criteria:
(a)
Lines or facilities that are used exclusively for distribution or gathering;
(b)
Steel pipe and associated facilities operated at a hoop stress of less than twenty
percent of specified minimum yield strength as defined by 49 CFR 192.3 as of
January 1, 2007, or plastic pipe and associated facilities which operate at less than
fifty percent of the design pressure as determined by the formula specified in 49
CFR 192.121 as of January 1, 2007; or
(c)
Pipe which has nominal diameter
under
of less than
four inches and not more than
one mile of the entire line is constructed outside of public right-of-way.
Section 3. That
§
49-41B-24
be amended to read as follows:
49-41B-24.
Within twelve months of receipt of the initial application for a permit for the
construction of energy conversion facilities, AC/DC conversion facilities, substations of two hundred
fifty kilovolts or more,
or
transmission lines of two hundred fifty kilovolts or more
,
or
of
transmission lines for
coal, gas, liquid hydrocarbons,
or
liquid hydrocarbon products,
or carbon
dioxide,
the
Public Utilities Commission
commission
shall make complete findings in rendering a
decision regarding whether a permit should be granted, denied, or granted upon such terms,
conditions or modifications of the construction, operation, or maintenance as the commission
may
deem
deems
appropriate.
"
Moved by: Vanneman
Second by: Sly
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1129 AS AMENDED
Moved by: Street
Second by: Olson (Betty)
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Cronin, Frerichs, Hoffman, Kopp, Olson (Betty), Schrempp, Sly, Sorenson, Street,
Van Gerpen, Verchio, Vanneman, Brunner
MOTION:
AMEND TITLE OF HB 1129
1129ttb
On page 1, line 1, of the printed bill, delete everything after "to" and insert "ensure the integrity
of pipelines to be used for the transportation of carbon dioxide for the purpose of enhanced oil
recovery or geologic carbon sequestration.".
On page 1, delete line 2.
Moved by: Vanneman
Second by: Cronin
Action: Prevailed by voice vote.
HB 1070: revise certain fees pertaining to seed permits and nursery certificates of
inspection.
Presented by: Bill Even, SD Department of Ag (Handout: 2)
Proponents: Rick Foster, SD Nursery Assn
Brenda Forman, SD Association of Cooperatives (Handout: 3)
John Bush, SD Nursery Assn
Virgil Johnson, Dan & Jerry's Greenhouse
Opponents: Chuck Mosleski, Hiebert Greenhouse
Korey Mensch, Mensch Greenhouse
Tim Begalka, Self, Clear Lake
Representative Oran Sorenson (Handouts: 4,5)
MOTION:
AMEND HB 1070
1070tc
On page 2, line 8, of the printed bill, delete "
five hundred dollars plus twenty
" and insert "
two
hundred fifty dollars plus ten
".
On page 2, line 9, delete "
twenty
" and insert "
ten
".
On page 2, line 12, delete "
fifty
" and insert "
twenty-five
".
On page 2, line 14, delete "
fifty
".
On page 2, line 16, delete "
five hundred
" and insert "
two hundred fifty
".
On page 2, after line 16, insert "
A dealer who is in business for less than three months in a year
and only sells plants obtained from an inspected in-state nursery may obtain a certificate of
inspection at the reduced fee of one hundred dollars.
".
On page 2, line 20, delete "a
one hundred fifty
five hundred
" and insert "
a one hundred fifty
an
eight hundred
".
1070tb
On page 2, line 10, of the printed bill, after "
greenhouse
" insert "
, except the fee for a resident
nurseryman with less than five thousand dollars in gross sales of nursery stock is one hundred fifty
dollars plus twenty dollars for each acre over one of inspected plants
".
On page 3, after line 6, insert:
"
Section 5. That
§
38-24B-2
be amended to read as follows:
38-24B-2.
The secretary of agriculture may promulgate rules pursuant to the provisions of
chapter 1-26 to establish:
(1)
Standards for inspection and sampling;
(2)
Standards for inspection performance;
(3)
Forms for requests for inspection;
(4)
Procedures for issuing and revoking certificates of inspections;
(5)
Restrictions for the movement of plants and hosts;
(6)
Treatment provisions of infested hosts or premises;
(7)
Provisions for issuance of special phytosanitary certificates;
(8)
Provisions for quarantine or destruction of pests and hosts;
and
(9)
Reporting requirements on suspected plants
; and
(10) Criteria for the implementation and administration of the fee schedule contained in
§
38-
24B-7
.
".
Moved by: Vanneman
Second by: Verchio
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1070 AS AMENDED
Moved by: Vanneman
Second by: Cronin
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Cronin, Hoffman, Kopp, Sly, Street, Van Gerpen, Verchio, Vanneman, Brunner
Voting No: Frerichs, Olson (Betty), Schrempp, Sorenson
HB 1071: revise certain fees, licenses, and other requirements for milk plants and
dairy farms.
Presented by: Representative Thomas Brunner (Handout: 8)
Proponents: Bill Even, SD Department of Ag
Lynn Boadwine, Self, Baltic
Walt Bones, Self, Parker
Opponents: Arlen Harvey, Self, Ree Heights (Handout: 6)
HB 1071: revise certain fees, licenses, and other requirements for milk plants and
dairy farms.
Proponents: Brenda Forman, SD Association of Cooperatives
Bill Even, SD Department of Ag
Opponents: Representative Oran Sorenson (Handout: 7)
MOTION:
AMEND HB 1071
1071td
On page 7, line 21, of the printed bill, after "
addition,
" insert "
beginning on January 1, 2010,
".
On page 8, line 1, delete "
two cents
" and insert "
one cent
".
On page 8, line 3, delete "
one hundred twenty-five
" and insert "
two hundred
".
On page 8, line 17, remove the overstrikes from "
, not to exceed
".
On page 8, delete line 18, and insert "
thirty
fifty
percent of the total dairy program budget.
The
department shall provide the dairy industry and the Legislature an annual report of the previous year's
activities.
".
Moved by: Van Gerpen
Second by: Sorenson
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1071 AS AMENDED
Moved by: Sly
Second by: Hoffman
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Cronin, Hoffman, Kopp, Olson (Betty), Schrempp, Sly, Van Gerpen, Verchio,
Vanneman, Brunner
Voting No: Frerichs, Sorenson, Street
MOTION:
ADJOURN
Moved by: Hoffman
Second by: Olson (Betty)
Action: Prevailed by voice vote.
Eileen Eller
____________________________
Committee SecretaryThomas J. Brunner, Chair