SB 25 updates the rules for companies applying to build energy facilities and transmission lines in South Dakota by requiring them to notify nearby property owners earlier in the process and to post public notices within 30 days of filing their applications. The bill also clarifies that when the Public Utilities Commission reviews these applications, it must establish a local review committee that includes tribal council chairs, school board presidents, county commissioners, mayors, and a utility representative to give communities a voice in the permitting process.
This bill does not directly amend codified state law.
The amendment clarifies that applicants (not just utilities) must post public notice signs and adds a quorum requirement that at least three local review committee members must participate for the committee to continue functioning. These changes STRENGTHEN the bill by ensuring broader public notification and preventing committees from proceeding with minimal local representation.
The amendment added a new requirement (§ 49-41B-5) that applicants must provide written notice by certified mail to adjacent property owners at least three months before filing a permit application, but only if the facility is located in a county without a comprehensive plan or zoning ordinances, which **narrows** the notification requirement to apply only in certain counties rather than universally. The amendment also reorganized and clarified several procedural provisions, including changing the sign posting timeline to occur within thirty days after application filing and adjusting language about the local review committee's composition and assessment duties.
The amendment streamlines the energy facility permit process by eliminating the separate "notification of intent" filing requirement and instead consolidating it into a single application filing deadline, while also reducing the pre-filing notice period to adjacent property owners from six months to three months. This NARROWS and ACCELERATES the bill's original permit timeline by removing a preliminary step and compressing the public notification window.
Signed by the Governor S.J. 452
Delivered to the Governor S.J. 422
Signed by the Speaker H.J. 462
Signed by the President S.J. 405
House of Representatives Do Pass Amended Passed, YEAS 61, NAYS 5. H.J. 434
Commerce and Energy Do Pass Passed, YEAS 10, NAYS 1.
Commerce and Energy Scheduled for hearing
Commerce and Energy Scheduled for hearing
House of Representatives Referred to House Commerce and Energy H.J. 166
First Reading House H.J. 150
Senate Do Pass Amended Passed, YEAS 30, NAYS 3. S.J. 108
Senate Motion to amend S.J. 108
Senate Reconsidered Passed, YEAS 30, NAYS 3. S.J. 107
Senate Intent to reconsider S.J. 90
Senate Do Pass Failed, YEAS 17, NAYS 17. S.J. 90
Senate Intent to reconsider S.J. 85
Senate Do Pass Amended Passed, YEAS 17, NAYS 17. S.J. 85
Commerce and Energy Do Pass Amended Passed, YEAS 5, NAYS 1.
Commerce and Energy Motion to amend
Commerce and Energy Motion to amend
Commerce and Energy Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Commerce and Energy S.J. 10
Do Pass Amended
Commerce and Energy — Do Pass
Reconsidered
Do Pass Amended
Do Pass
Do Pass Amended
Commerce and Energy — Do Pass Amended