CHAPTER 242
(SB 24)
Energy conversion projects and facilities,
Public Utilities Commission authority revised.
ENTITLED, An Act to
revise certain provisions concerning the authority of the Public Utilities
Commission with regard to AC/DC conversion projects and energy conversion 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;
(2)
(3)
"Commission," the
State
Public Utilities Commission;
(3)
(4)
"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)
(5)
"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)
(6)
"Facility," any energy conversion facility,
AC/DC conversion facility,
transmission
facility, or wind energy facility, and associated facilities;
(6)
(7)
"Permit," the permit issued by the commission under this chapter required for the
construction and operation of a facility;
(7)
(8)
"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)
(9)
"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;
(9)
(10)
"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)
(11)
"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)
(12)
"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-5
be amended to read as follows:
49-41B-5.
A notification of intent to apply for a permit for construction of an energy
conversion facility
or AC/DC conversion facility
shall be filed with the Public Utilities
Commission at least six months before filing an application as required in § 49-41B-11. A prefiling
conference may be requested by the applicant and such request shall be granted by the commission.
Section
3.
That
§
49-41B-6
be amended to read as follows:
49-41B-6.
Within thirty days after the filing of the notification of intent to apply for a permit
for the construction of an energy conversion facility
or AC/DC conversion facility,
the Public
Utilities Commission shall designate the affected area and a local review committee composed of:
(1)
The
chairman
chair
of the tribal council of each affected reservation;
(2)
The president of the board of education of each affected school district;
(3)
The
chairman
chair
of the county commissioners of each affected county;
(4)
The mayor of each affected municipality; and
(5)
A representative of the applicant utility designated by the utilities.
Section
4.
That
§
49-41B-15
be amended to read as follows:
49-41B-15.
Within thirty days following receipt of an application for a permit, the Public
Utilities Commission shall:
(1)
Schedule a public hearing;
(2)
Notify the applicant of the hearing;
(3)
Serve notice of the application and hearing
only
upon the governing bodies of the
counties and municipalities totally or partially within the area of the proposed facility
and upon the owner of record of any land that is located within one-half mile of the
proposed facility
;
(4)
Publish a notice of the time, place, and purpose of the public hearing in at least one
newspaper of general circulation in counties totally or partially within the area of the
proposed facility; and
(5)
File a copy of the application with the auditor of the county or counties in which the
proposed facility will be constructed.
Section
5.
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
coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, the Public Utilities 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 appropriate.
Section
6.
That
§
49-41B-36
be amended to read as follows:
49-41B-36.
Nothing in this chapter
may be construed as
is
a delegation to the commission of
the authority to route a transmission facility, or to designate or mandate location of an energy
conversion facility
, AC/DC conversion facility,
or wind energy facility.
Section
7.
That chapter
49-41B
be amended by adding thereto a NEW SECTION to read as
follows:
Before a utility may begin construction of an energy conversion facility or an AC/DC
conversion facility, the utility shall notify, in writing, the owner of record of any land that is
located within
one-half mile of the proposed site where the energy conversion facility or AC/DC
conversion facility is to be constructed. The notice shall be mailed by certified mail. The utility
shall also publish a notice of the proposed facility. Notification shall be published in the official
newspaper of the county in which the proposed site is located. The notice shall be published at
least once each week for at least two consecutive weeks. The notice shall contain a description of
the nature and location of the energy conversion facility or AC/DC conversion facility. Notification
shall be made at least thirty days prior to the date of the public hearing.
Section
8.
That chapter
49-41B
be amended by adding thereto a NEW SECTION to read as
follows:
The utility shall post signs on the area where the energy conversion facility or AC/DC
conversion facility is proposed to be sited to notify the public. The signs shall be posted on areas
that are clearly visible to an ordinarily observant person and shall be posted within thirty days after
the filing of the notification of intent to apply for a permit for the construction of a proposed
energy conversion facility or AC/DC conversion facility. The signs shall include the name and
contact information of the utility and a brief description of the proposed energy conversion facility
or AC/DC conversion facility.
Signed February 15, 2006