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Prohibit the exercise of eminent domain for a pipeline that carries carbon oxide.
South Dakota would prohibit companies from using eminent domain (the government power to seize private property) to build or operate pipelines designed primarily to transport carbon dioxide. This blocks a common tool used by pipeline companies to acquire land from unwilling property owners for carbon capture and transport projects.
Promoting a resilient and healthy Black Hills forest through active forest management and retention of the current forest products industry.
This concurrent resolution expresses South Dakota's support for increased logging and active forest management in the Black Hills to reduce wildfire risk and combat mountain pine beetle infestations. The resolution advocates for harvesting timber while maintaining the forest products industry, rather than allowing forests to remain dense and vulnerable to severe damage. While this is a non-binding statement of intent rather than a law change, it directs state policy toward supporting timber harvesting as a forest management strategy.
Subject lithium mining operations to certain provisions regarding permitting, annual reporting, disturbed land limitations, and mined land reclamation.
South Dakota lithium mining operations will now be subject to the same permitting, reporting, and land reclamation requirements that currently apply to other types of mining like sand, gravel, and rock extraction. Companies mining lithium will need to obtain annual licenses, comply with specific environmental standards, and be responsible for reclaiming disturbed lands. This change brings lithium mining under South Dakota's existing mining regulation framework rather than allowing it to operate under different rules.
Establish a moratorium on the construction of carbon dioxide pipelines in this state.
South Dakota would establish a temporary freeze on new carbon dioxide pipelines until the federal government creates final safety rules for them. The state would only allow CO2 pipeline permits once federal pipeline safety standards are finalized and the state verifies any new application meets those standards plus any additional state safety requirements. The bill takes effect immediately upon passage.
Require an environmental impact statement from applicants seeking a carbon dioxide transmission facility permit from the Public Utilities Commission of the State of South Dakota.
Companies seeking permits to build carbon dioxide transmission pipelines in South Dakota must now submit an environmental impact statement to the Public Utilities Commission as part of their application. The bill also increases the maximum fee the Commission can charge applicants from one-quarter of one percent to one-half of one percent of the first $100 million in estimated construction costs, allowing the state to recover more of its costs in reviewing these large projects.
Affirming the state's rejection of carbon dioxide pipelines and urging President Donald Trump to avoid interfering with the Summit Carbon Solutions carbon dioxide pipeline through exercise of federal eminent domain powers.
This is a concurrent resolution expressing South Dakota's opposition to carbon dioxide pipelines and requesting that President Trump not use federal eminent domain authority to force the Summit Carbon Solutions pipeline project through the state. The resolution affirms that South Dakota voters rejected the pipeline in a 2024 ballot measure and notes that the state legislature already passed a law prohibiting eminent domain seizures for carbon dioxide pipelines. This resolution does not change existing law but serves as an official statement of the state's position on the issue.
Provide limitations on liability and damages caused by a wildfire.
South Dakota SB134 limits what people can sue electric utilities for when wildfires cause damage, making it harder for wildfire victims to recover money. The bill prevents strict liability lawsuits against utilities, bars punitive damages unless the utility acted with malice or criminal intent, eliminates compensation for non-economic losses (like pain and suffering) unless someone suffered a burn injury, and caps property damage payments at the lower of either restoration costs or replacement value.