State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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400U0284
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SENATE BILL NO. 12
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Introduced by: The Committee on Commerce and Energy at the request of the Public
Utilities Commission
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FOR AN ACT ENTITLED, An Act to update citations and revise certain provisions regarding
permits for energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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;
(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 or modified, but not including activities incident to preliminary
engineering or environmental studies. This term includes modifications to facilities
as defined in § 49-41B-2.2;
(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;
(7) "Facility," any energy conversion facility, AC/DC conversion facility, transmission
facility, or wind energy facility, and associated facilities;
(8) "Permit," the permit issued by the commission under this chapter required for the
construction and operation of a facility;
(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;
(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;
(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;
(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;
(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 more than one
hundred fifteen kilovolts; or
(2) A gas or liquid transmission line and associated facilities designed for or capable of
transporting coal, gas, liquid hydrocarbons, 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 that cannot be operated at a hoop stress of
twenty percent or more of specified minimum yield strength as defined by 49
CFR 192.3 as of January 1,
2007 2013, or plastic pipe and associated facilities
that cannot be operated at a design pressure of fifty percent or more as
determined by the formula specified in 49 CFR 192.121 as of January 1, 2007
2013; or
(c) Pipe which has nominal diameter of less than four inches and not more than
one mile of the entire line is constructed outside of public right-of-way.
Nothing in this section precludes a utility from applying to the commission for a permit for
the construction of an electric transmission line and associated facilities with a design of one
hundred fifteen kilovolts or less. For the purposes of this chapter such electric transmission line
and associated facilities is a transmission facility.