CHAPTER 250
(SB 17)
Wind energy facilities, Public Utilities Commission
siting authority revised.
ENTITLED, An Act to
revise certain provisions concerning the authority of the Public Utilities
Commission with regard to wind energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
49-41B-1
be amended to read as follows:
49-41B-1.
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 finds that by assuming permit authority, that the state must also ensure that these facilities are
constructed in an orderly and timely manner so that the energy requirements of the people of the
state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation
of
energy conversion facilities and transmission
facilities will produce minimal adverse effects on
the environment and upon the citizens of this state by providing that
an energy conversion or
transmission
a
facility may not be constructed or operated in this state without first obtaining a
permit from the
Public Utilities Commission
commission
.
Section
2.
That
§
49-41B-2
be amended to read as follows:
49-41B-2.
Terms as used in this chapter mean:
(1)
"Associated facilities," facilities which include
, but are not limited to
, aqueducts,
diversion dams, transmission substations of two hundred fifty kilovolts or more, storage
ponds, reservoirs, or cooling ponds;
(2)
"Commission," the State Public Utilities Commission;
(3)
"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;
(4)
"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
;
(5)
"Facility," any energy conversion facility, transmission facility, or
both
wind energy
facility
, and associated facilities;
(6)
"Permit," the permit issued by the commission under this chapter required for the
construction and operation of a facility;
(7)
"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;
(8)
"Siting area," that area within ten miles in any direction of a proposed energy
conversion facility or which is determined by the commission to be affected by a
proposed energy conversion facility;
(9)
"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;
(10)
"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
;
(11) "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
3.
That
§
49-41B-25
be amended to read as follows:
49-41B-25.
Within six months of receipt of the initial application for a permit for the
construction of
substations
a wind energy facility, substation,
or transmission
lines
line
of less than
two hundred fifty kilovolts, the
Public Utilities Commission
commission
shall make complete
findings, and render 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 appropriate. In its decision the commission must find that the construction
of the facility meets all requirements of this chapter. Notice of the commission's decision shall be
given to the applicant and to parties to the hearing within ten days following the decision.
Section
4.
That
§
49-41B-35
be amended to read as follows:
49-41B-35.
To implement the provisions of this chapter regarding
energy conversion and
transmission
facilities, the commission shall promulgate rules pursuant to chapter 1-26. The
commission shall prepare, in consultation with other state agencies, a single application form
which incorporates information requirements of those state agencies or their boards or
commissions which have related permit issuing powers that must be exercised prior to construction
of a facility. Rules may be adopted by the commission:
(1)
To establish the information requirements and procedures that every utility must follow
when filing plans with the commission regarding its
existing and proposed energy
conversion facilities, and for
proposed and existing
transmission
facilities;
and
(2)
To establish procedures for utilities to follow when filing an application for a permit to
construct
an energy conversion facility or a transmission
a
facility, and the information
required to be included in the application
; and
(3) To require bonds, guarantees, insurance, or other requirements to provide funding for
the decommissioning and removal of a wind energy facility
.
Section
5.
That
§
49-41B-36
be amended to read as follows:
49-41B-36.
This chapter shall not
Nothing in this chapter may
be construed as a delegation to
the
Public Utilities Commission
commission
of the authority to route a transmission facility, or
to designate or mandate location of an energy conversion facility
or wind energy facility
.
Signed March 8, 2005