CHAPTER 274

(SB 21)

Energy facility siting requirements modified.


         ENTITLED, An Act to  revise certain requirements for the siting of energy facilities.

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

     Section  1.  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 two hundred fifty kilovolts or more;

             (2)      An electric transmission line and associated facilities with a design of one hundred fifteen to two hundred fifty kilovolts, if more than one mile in length of the transmission line does not follow section lines, property lines, roads, highways or railroads, or is not reconstruction or modification of existing transmission lines and existing associated facilities located on abandoned railroad rights-of-way; or

             (3)      A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, 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 operated at a hoop stress of less than twenty percent of specified minimum yield strength as defined by 49 CFR 192.3 as of January 1, 1994 2007 , or plastic pipe and associated facilities which operate at less than fifty percent of the design pressure as determined by the formula specified in 49 CFR 192.121 as of January 1, 1994 2007 ; or

             (c)      Pipe which has nominal diameter under four inches and not more than one mile of the entire line is constructed outside of public right-of-way.

     Section  2.  That § 49-41B-21 be amended to read as follows:

     49-41B-21.   Prior to the issuance of a permit, the Public Utilities Commission shall comply commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9 relating to an environmental impact statement .

     Section  3.  That § 49-41B-35 be amended to read as follows:

     49-41B-35.   To implement the provisions of this chapter regarding 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 proposed and existing facilities;

             (2)      To establish procedures for utilities to follow when filing an application for a permit to construct 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.

     Signed February 13, 2007
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