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 and tightens the local review committee process by requiring at least three members to participate for the committee to continue (instead of allowing it to dissolve with zero participation) and shifts certain notice and expense responsibilities from the utility to the applicant, thereby STRENGTHENING enforcement of public notification requirements while also making applicants bear more of the procedural costs.
The amendment restructures the permit application process by creating a new requirement that applicants notify adjacent property owners at least three months before filing (rather than six months), and shifts public notification timing from within thirty days after filing intent to within thirty days after filing the actual application, while also clarifying sign posting requirements. These changes generally NARROW and expedite the notification timeline for energy and transmission facility permits.
The amendment NARROWS the bill's scope by removing the requirement for applicants to file a notification of intent with the Public Utilities Commission before notifying adjacent property owners, instead requiring notice to be posted within thirty days after filing the actual permit application. This shifts the process from a two-stage notification requirement to a single-stage posting requirement tied to formal application filing.
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