Changes to Existing Law
SB201 — provide new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
1 section modified+247-0
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§ 49-41
New Section+247
NEW SECTION added to Chapter 49-41
B: A county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may not enact or increase, in any form a tax, fee, or charge that is related to a gas or liquid transmission line or an electric transmission line which requires or holds a permit under chapter 49-41B. The provisions of this section do not prohibit: (1) Real property taxes pursuant to title 10; (2) County road construction, maintenance, and improvement agreements pursuant to either title 7 or title 31; and (3) The application of county zoning ordinance building permit fees related to any building, structure, or other above ground appurtenance related to a gas or liquid transmission line or an electric transmission line which requires or holds a permit under chapter 49-41B. A county, municipality or township may require a gas, liquid, or electrical transmission project to enter into a road use maintenance agreement prior to construction. Any fee or tax permitted under this section must be uniform and apply to all classes of facilities. If after ninety days the applicant cannot come to terms with a county, municipality township, or road district on a road use and maintenance agreement, the applicant may apply to the commission for an order in place of the agreement, specific to that unit of 30 government and after notice and hearing the commission must grant an order determining the applicants use and restoration of the units roads bridges and rights of way.