Session Laws Chapter 239

ENTITLED, An Act to require the notification of certain telecommunication companies of the development of a wind collector system and to provide for a planning meeting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. As used in this Act, the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation.

Section 2. Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction of any such project, notify in writing any telecommunications company having telecommunications facilities located within one mile of the proposed site, according to the records of the one-call notification system established by chapter 49-7A, of the intent to construct and the proposed location of the wind collector system. The telecommunications company shall contact the developer of the wind collector system at the address given in the notice required by this section within thirty days of the notice required by this Act and request a planning meeting to be held within thirty days of the request with the developer of the wind collector system at a location mutually convenient to both parties. A planning meeting, once properly requested, shall be held and attended by knowledgeable representatives of the parties. If no request for a planning meeting is made, the developer is not required to meet with the telecommunications company. At the meeting the parties may discuss any concerns with the location or engineering design of the wind collector system, including the avoidance of inductive interference associated with the project.