The amendment substantially rewrites the bill to require applicants for carbon dioxide transmission facilities to prepare and pay for environmental impact statements, while allowing the Public Utilities Commission to require such statements for other permit types—BROADENING the bill from a simple fee provision into a comprehensive requirement that applicants, not the state, bear the cost of environmental review. The amendment also clarifies that federal National Environmental Policy Act studies completed within 30 days of the commission's decision deadline can substitute for state environmental impact statements.
26.725.14 26.725.15 101st Legislative Session 1173 2026 South Dakota Legislature House Bill 1173 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by: Representative Hughes Underscores indicate new language. Overstrikes indicate deleted language. An Act to require an environmental impact statement when certain applicants that seek 1 a permit from the Public Utilities 1 Commission of the State of South Dakota. Dakota to prepare and pay for an 2 environmental impact statement. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 4 Section 1. That § 49-41B-12 be AMENDED: 4 5 49-41B-12. At the time of filing an application as required in § 49-41B-11, an 5 6 applicant must deposit the minimum fee with the commission. If required by the 6 7 commission, an applicant must remit an amount to be determined by the commission 7 8 based upon the actual cost of investigating, reviewing, processing, and serving notice of 8 9 an application. The amount must be deposited with the state treasurer and credited to a 9 10 subfund within the designated revenue regulatory assessment fee fund and may only be 11 disbursed on vouchers 10 approved by the commission for the actual cost of investigating, 12 reviewing, processing, 11 and serving notice of the application. Expenditures from the revenue fund must be 12 budgeted in the general appropriation bill. Except as otherwise provided in this section or agreed 13 agreed to by an applicant, the maximum fee chargeable may not exceed one-quarter of one 14 one percent of the first one hundred million dollars of estimated construction cost plus 15 one-twentieth one-15 twentieth of one percent of all additional estimated construction costs of the facility. To 16 To exceed the maximum fee when the applicant has not agreed to a fee higher than the 17 maximum amount, the commission must make a finding upon a motion from the 18 commission staff that all costs incurred were reasonably necessary to investigate, review, 19 process, and serve notice of the application. The minimum total fee chargeable may not 20 be less than twenty thousand dollars. The minimum fee is nonrefundable unless ordered 21 by the commission. 22 Moneys from the South Dakota public utilities commission gross receipts tax fund, 23 as established in § 49-1A-2, may not be used to reimburse the commission for any 24 additional costs incurred. 25 26.725.14 26.725.15 2 1173 Underscores indicate new language. Overstrikes indicate deleted language. If the commission determines that an environmental impact statement should be 1 prepared as provided under chapter 34A-9 is required before taking final action on an application 2 application under this chapter, the maximum fee chargeable above may be increased to 3 an amount 3 not to exceed one-half of one percent of the first one hundred million dollars 4 of estimated 4 construction cost plus one-twentieth of one percent of all additional estimated construction 5 construction costs of the facility. However, the The provisions of this paragraph do not 6 apply in cases in 6 which if a detailed environment impact study has been completed 7 pursuant to complying with the 7 requirements of the National Environmental Policy Act of 8 1969 as amended to January 1, 8 2009, and implementing regulations thereto if such a statement is available to the 9 commission at least thirty days prior to the time the commission is required to render a 10 decision under § 49-41B-24 or 49-41B-25. 11 The provisions of this section apply to all pending permit applications and future 12 permit applications before the commission. 13 Section 2. That § 49-41B-21 be AMENDED: 14 49-41B-21. Prior to the issuance of a permit, the commission may prepare or 15 require the preparation of an environmental impact statement is, that complies with the 16 provisions of chapter 34A-9. 17 Except as otherwise provided in this section, an applicant seeking a permit under 18 this chapter for a carbon dioxide transmission facility, as described in § 49-41B-2.1, shall 19 prepare an environmental impact statement. In all other cases, the commission may 20 require an applicant to prepare an environmental impact statement. 21 The environmental impact statement must: 22 (1) Be paid for by the applicant; 23 (2) Include the contents required in subdivisions 34A-9-7(1) to (7), inclusive; 24 (3) Be submitted to the commission at least thirty days prior to the time the 25 commission is required to render a decision pursuant § 49-41B-24 or 49-41B-25; 26 and 27 (4) Be published on the commission website. 28 The commission may not require an environmental impact statement if a detailed 29 environmental impact study complying with the requirements of the National 30 Environmental Policy Act of 1969, 42 U.S.C. § 4321 (January 1, 2025), or an environmental impact statement 10 complying with the requirements of chapter 34A-9, 2026), has been 31 completed and made 11 available to the commission at least thirty days prior to the time the 32 commission is 12 required to render a decision under § 49-41B-24 or 49-41B-25. 13 The provisions of this section apply to all pending permit applications and future 14 permit applications before the commission. 15 Section 2. That § 49-41B-21 be AMENDED: 16 49-41B-21. Prior to the issuance of a permit for a carbon dioxide transmission 17 facility, as defined in § 49-41B-2, the commission shall prepare or require the preparation 18 of an environmental impact statement that complies with the provisions of chapter 34A-9 19 and is made available to the public on the commission website. 20 In all other cases, the commission may prepare or require the preparation of an 21 environmental impact statement that complies with the provisions of chapter 34A-9. 22 33 26.725.15 3 1173 Underscores indicate new language. Overstrikes indicate deleted language. Section 3. That § 49-41B-22.1 be AMENDED: 23 1 49-41B-22.1. Nothing contained herein shall prohibit an An applicant from 24 2 reapplying may reapply for a permit previously denied pursuant to § 49-41B-24 or 49-25 49-3 41B-25 within three years from the date of the denial of the original permit. Upon Except 26 4 as otherwise provided, upon the first such reapplication, the applicant shall have has the 27 5 burden of proof to establish only those criteria upon which the original permit was denied, 28 6 provided that nothing in the reapplication materially changes the information presented 29 7 in the original application regarding those criteria upon which the original permit was not 30 8 denied. However, nothing contained in this provision shall prohibit the Public Utilities 31 9 Commission from requiring such. The commission may require the applicant to meet its 32 10 the burden of proof as to any other criteria, upon a specific finding by the commission of 33 26.725.14 3 1173 Underscores indicate new language. Overstrikes indicate deleted language. 11 a material change in the circumstances regarding those criteria, but the Public Utilities 1 12 Commission shall commission may not, in any event, prepare or require the preparation 2 13 of an additional environmental impact statement. 3 14