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, 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, 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.
An Act to update citations and revise certain provisions regarding permits for energy facilities.
=========================
I certify that the attached Act
originated in the
SENATE as Bill No. 12
____________________________
Secretary of the Senate
=========================
____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 12
File No. ____
Chapter No. ______
|
|
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
|