49-41B-1. Legislative findings–Necessity to require permit for facility. 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 […]
49-41B-10. Final report of committee. Within seven months after the application is filed the local review committee shall file a final report with the Public Utilities Commission which includes the recommendations of the committee as to mitigation measures and minority reports. Source: SL 1977, ch 390, §13.
49-41B-11. Applications for permit–Filing deadline–Form–Contents. All applications for a permit shall be filed with the Public Utilities Commission not less than six months prior to the planned date of commencement of construction of a facility in such form as prescribed by rules, and shall contain, but not be limited to, the following information: (1)The name […]
49-41B-12. Deposit required–Disposition–Minimum and maximum fees–Environmental impact fee. At the time of filing an application as required in §49-41B-11 or as subsequently required by the commission, an applicant shall deposit with the commission an initial amount to be determined by the commission based upon the estimated cost of investigating, reviewing, processing, and serving notice of […]
49-41B-13. Denial, return, or amendment of application–Grounds–Applicant permitted to make changes. An application may be denied, returned, or amended at the discretion of the Public Utilities Commission for: (1)Any deliberate misstatement of a material fact in the application or in accompanying statements or studies required of the applicant; (2)Failure to file an application generally in […]
49-41B-14. Further data provided prior to hearings if required–Prehearing conference. The Public Utilities Commission may require that further data be provided prior to the public hearings. The commission or applicant may also request that a prehearing conference be held prior to a public hearing which request shall be granted. Source: SL 1977, ch 390, §8.
49-41B-15. Commission procedure following receipt of application for permit. Within thirty days following receipt of an application for a permit, the commission shall: (1)Schedule a public input meeting; (2)Notify the applicant of the public input meeting; and (3)Serve notice of the application and public input meeting upon the governing bodies of the counties and municipalities […]
49-41B-16. Public input hearing–Location–Publication of notice. The commission shall hold any public input meeting as close as practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose of any public input meeting three times in at least one newspaper of general circulation in any county totally or partially […]
49-41B-17. Parties to proceedings under chapter. The parties to a proceeding under this chapter unless otherwise provided include: (1)The commission staff; (2)The applicant; (3)Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as determined by the commission pursuant to rule; and […]
49-41B-17.1. County auditor as agent for service of process on party–Request for personal service. The county auditor of each county where a facility is proposed to be sited is the agent for service of process upon a party. For energy conversion facilities, all counties in the designated siting area are included. Any party may receive […]
49-41B-17.2. Contested case hearing. A party to a proceeding under this chapter as provided in §49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26. Source: SL 2019, ch 200, §12.
49-41B-19. Evidence from state or local agencies relative to environmental, social and economic conditions. The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein. Source: SL 1977, ch 390, §17.
49-41B-19.1. Public comments on application. The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission’s website all comments that are accepted pursuant to this section, and may publish substantially similar comments […]
49-41B-2. Definition of terms. 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, […]
49-41B-2.1. Transmission facility defined. 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. However, if such a transmission line is less than two thousand six hundred forty feet, does not cross any public highway, and eminent domain […]
49-41B-2.2. Modified facility defined. For the purposes of this chapter, a facility is considered to be modified if: (1)A gas or liquid transmission line that did not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of […]
49-41B-20. Final report heard by commission at final hearing–Decision on application–Adoption of committee’s report. The final report shall be heard by the Public Utilities Commission at the final hearing wherein the commission makes its decision on the application for a permit. The local review committee report may be adopted in whole or in part, at […]
49-41B-21. Environmental impact statement. Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9. Source: SL 1977, ch 390, §16; SL 2007, ch 274, §2.
49-41B-22. Applicant’s burden of proof. The applicant has the burden of proof to establish by a preponderance of the evidence that: (1)The proposed facility will comply with all applicable laws and rules; (2)The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or […]
49-41B-22.1. Reapplication for permit–Applicant’s burden of proof–Environmental impact statement not required. Nothing contained herein shall prohibit an applicant from reapplying for a permit previously denied pursuant to §49-41B-24 or 49-41B-25 within three years from the date of the denial of the original permit. Upon the first such reapplication, the applicant shall have the burden of […]
