Changes to Existing Law

26.394.14 26.394.15 101st Legislative Session 25 2026 South Dakota Legislature Senate Bill 25 SENATE COMMERCE AND ENERGY ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. An Act to update provisions related to the permit application process for proposed 1 energy and transmission facilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 49-41B-5.1 be AMENDED: 4 49-41B-5.1. The utility shall post signs on the area where the Within thirty days 5 after the filing of an application for a permit for the construction of a proposed energy 6 conversion facility or AC/DC conversion facility is proposed to be sited to notify the 7 public.The signs shall be posted on, the utility applicant shall provide notice to the public by 8 posting 8 signs: 9 (1) On areas that of the proposed facility site, which are clearly visible to an ordinarily 10 observant person and shall be posted within thirty days after the filing of the 11 notification of intent to apply for a permit for the construction of a proposed energy 12 conversion facility or AC/DC conversion facility. The signs shall; and 13 (2) That include the name and contact information of the utility and a brief description 14 of the proposed energy conversion facility or AC/DC conversion facility. 15 Section 2. That § 49-41B-6 be AMENDED: 16 49-41B-6. Within thirty days after the filing of the notification of intent to apply 17 an application for a permit for the construction of an energy conversion facility or AC/DC 18 conversion facility, the Public Utilities Commission commission shall designate the affected 19 area and a local review committee composed of: 20 (1) The chair of the tribal council of each affected reservation; 21 (2) The president of the board of education of each affected school district; 22 (3) The chair of the board of county commissioners of each affected county; 23 (4) The mayor of each affected municipality; and 24 26.394.14 26.394.15 2 25 Underscores indicate new language. Overstrikes indicate deleted language. (5) A representative of the applicant utility designated by the utilities utility. 1 Within ten days of the commission's designation pursuant to this chapter, the 2 commission shall provide notice of the designation to each member of the committee. 3 If a member elects to participate in the committee process, the member must 4 provide written notice of the election to the commission within sixty days after the filing 5 of the application. If no member elects Unless at least three members elect to participate, the requirements of 6 §§ 49-41B-7, 6 49-41B-8, 49-41B-10, and 49-41B-20 are waived, and the committee 7 ceases to exist. 7 8 Section 3. That § 49-41B-7 be AMENDED: 8 9 49-41B-7. The local review committee shall meet to assess the extent of the 9 10 potential social and economic effect to be generated by effects of the proposed facility, to 10 11 assess and the affected area's capacity to absorb those effects at various stages of 11 12 construction, and to formulate mitigation measures. The assessment of the local review 12 13 committee shall committee's assessment must also include consideration of the temporary 13 14 and permanent alternatives in the following areas: 14 15 (1) Housing supplies; 15 16 (2) Educational facilities and manpower; 16 17 (3) Water supply and distribution; 17 18 (4) Waste water treatment and collection; 18 19 (5) Solid waste disposal and collection; 19 20 (6) Law enforcement; 20 21 (7) Transportation; 21 22 (8) Fire protection; 22 23 (9) Health; 23 24 (10) Recreation; 24 25 (11) Government; and 25 26 (12) Energy. 26 27 The applicant shall provide to the members of the committee copies of the 27 28 application and any other information the commission determines necessary for the 28 29 committee's assessment pursuant to this section. 29 30 Section 4. That § 49-41B-8 be AMENDED: 30 31 49-41B-8. The A local review committee may employ such persons as determined 31 32 by the Public Utilities Commission which may be required any personnel the committee 32 33 26.394.15 3 25 Underscores indicate new language. Overstrikes indicate deleted language. determines necessary to carry out the provisions of § 49-41B-7 and the expenses of said 33 26.394.14 3 25 Underscores indicate new language. Overstrikes indicate deleted language. 1 staff shall be paid from the initial filing fee. The commission shall furnish copies of the 1 2 application to the members of the local review committee and all other information which 2 3 the commission determines that the committee should receive, subject to the approval of 3 4 the commission. The applicant shall pay the expenses of the personnel. 4 5 Section 5. That § 49-41B-5 be REPEALED. 5 6 A notification of intent to apply for a permit for construction of an energy 6 7 conversion facility or AC/DC conversion facility shall be filed with the Public Utilities 7 8 Commission at least six months before filing an application as required in § 49-41B-11. A 8 9 prefiling conference may be requested by the applicant and such request shall be granted 9 10 by the commission. 10 11 Section 6. That § 49-41B-14 be REPEALED. 11 12 The Public Utilities Commission may require that further data be provided prior to 12 13 the public hearings. The commission or applicant may also request that a prehearing 13 14 conference be held prior to a public hearing which request shall be granted. 14 15

26.394.15 26.394.16 101st Legislative Session 25 2026 South Dakota Legislature Senate Bill 25 SENATE COMMERCE AND ENERGY ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. An Act to update provisions related to the permit application process for proposed 1 energy and transmission facilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 49-41B-5 be AMENDED: 4 49-41B-5. A notification of intent to apply for a permit for construction of an If 5 the proposed site for an energy conversion facility or AC/DC conversion facility shall be 6 filed with the Public Utilities Commission is located in a county that does not have a 7 comprehensive plan or has not adopted zoning ordinances, the applicant must provide 8 written notice of intent to apply for a permit for the construction of the facility, by certified 9 mail, to each adjacent property owner, at least six three months before filing an the 10 application as required in § 49-41B-11. A prefiling conference may be requested by the 11 applicant and such request shall be granted by the commission. 12 Section 2. That § 49-41B-5.1 be AMENDED: 4 13 49-41B-5.1. The utility shall post signs on the area where the Within thirty days 5 14 after the filing of an application for a permit for the construction of a proposed energy 6 15 conversion facility or AC/DC conversion facility is proposed to be sited to notify the 7 16 public.The signs shall be posted on, the applicant shall provide notice to the public by 8 17 posting signs: 9 18 (1) On areas that of the proposed facility site, which are clearly visible to an ordinarily 10 19 observant person and shall be posted within thirty days after the filing of the 11 20 notification of intent to apply for a permit for the construction of a proposed energy 12 21 conversion facility or AC/DC conversion facility. The signs shall; and 13 22 (2) That include the name and contact information of the utility and a brief description 14 23 of the proposed energy conversion facility or AC/DC conversion facility. 15 24 26.394.16 2 25 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. 3. That § 49-41B-6 be AMENDED: 16 1 49-41B-6. Within thirty days after the filing of the notification of intent to apply 17 2 an application for a permit for the construction of an energy conversion facility or AC/DC 18 3 conversion facility, the Public Utilities Commission commission shall designate the affected 19 4 area and a local review committee composed of: 20 5 (1) The chair of the tribal council of each affected reservation; 21 6 (2) The president of the board of education of each affected school district; 22 7 (3) The chair of the board of county commissioners of each affected county; 23 8 (4) The mayor of each affected municipality; and 24 26.394.15 2 25 Underscores indicate new language. Overstrikes indicate deleted language. 9 (5) A representative of the applicant utility designated by the utilities utility. 1 10 Within ten days of the commission's designation pursuant to this chapter, the 2 11 commission shall provide notice of the designation to each member of the committee. 3 12 If a member elects to participate in the committee process, the member must 4 13 provide written notice of the election to the commission within sixty days after the filing 5 14 of the application. Unless at least three members elect to participate, the requirements of 6 15 §§ 49-41B-7, 49-41B-8, 49-41B-10, and 49-41B-20 are waived, and the committee 7 16 ceases to exist. 8 17 Section 3. 4. That § 49-41B-7 be AMENDED: 9 18 49-41B-7. The local review committee shall meet to assess the extent of the 10 19 potential social and economic effect to be generated by effects of the proposed facility, to 11 20 assess and the affected area's capacity to absorb those effects at various stages of 12 21 construction, and to formulate mitigation measures. The assessment of the local review 13 22 committee shall committee's assessment must also include consideration of the temporary 14 23 and permanent alternatives in the following areas: 15 24 (1) Housing supplies; 16 25 (2) Educational facilities and manpower; 17 26 (3) Water supply and distribution; 18 27 (4) Waste water treatment and collection; 19 28 (5) Solid waste disposal and collection; 20 29 (6) Law enforcement; 21 30 (7) Transportation; 22 31 (8) Fire protection; 23 32 (9) Health; 24 33 26.394.16 3 25 Underscores indicate new language. Overstrikes indicate deleted language. (10) Recreation; 25 1 (11) Government; and 26 2 (12) Energy. 27 3 The applicant shall provide to the members of the committee copies of the 28 4 application and any other information the commission determines necessary for the 29 5 committee's assessment pursuant to this section. 30 6 Section 4. 5. That § 49-41B-8 be AMENDED: 31 7 49-41B-8. The A local review committee may employ such persons as determined 32 8 by the Public Utilities Commission which may be required any personnel the committee 33 26.394.15 3 25 Underscores indicate new language. Overstrikes indicate deleted language. 9 determines necessary to carry out the provisions of § 49-41B-7 and the expenses of said 1 10 staff shall be paid from the initial filing fee. The commission shall furnish copies of the 2 11 application to the members of the local review committee and all other information which 3 12 the commission determines that the committee should receive, subject to the approval of 4 13 the commission. The applicant shall pay the expenses of the personnel. 5 Section 5. That § 49-41B-5 be REPEALED. 6 A notification of intent to apply for a permit for construction of an energy 7 conversion facility or AC/DC conversion facility shall be filed with the Public Utilities 8 Commission at least six months before filing an application as required in § 49-41B-11. A 9 prefiling conference may be requested by the applicant and such request shall be granted 10 by the commission. 11 14 Section 6. That § 49-41B-14 be REPEALED. 12 15 The Public Utilities Commission may require that further data be provided prior to 13 16 the public hearings. The commission or applicant may also request that a prehearing 14 17 conference be held prior to a public hearing which request shall be granted. 15 18

26.394.16 26.394.17 101st Legislative Session 25 2026 South Dakota Legislature Senate Bill 25 SENATE ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to update provisions related to the permit application process for proposed 1 energy and transmission facilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 49-41B-5 be AMENDED: 4 49-41B-5. A notification of intent to apply for a permit for construction of an If 5 the proposed site for an energy conversion facility or AC/DC conversion facility shall be 6 filed with the Public Utilities Commission is located in a county that does not have a 7 comprehensive plan or has not adopted zoning ordinances, the applicant must provide 8 written notice of intent to apply for a permit for the construction of the facility, by certified 9 mail, to each adjacent property owner, at least six three months before filing an the 10 application as required in § 49-41B-11. A prefiling conference may be requested by the 11 applicant and such request shall be granted by the commission. 12 Section 2. That § 49-41B-5.1 be AMENDED: 13 49-41B-5.1. The utility shall post signs on the area where the Within thirty days 14 after the filing of an application for a permit for the construction of a proposed energy 15 conversion facility or AC/DC conversion facility is proposed to be sited to notify the 16 public.The signs shall be posted on, facility, the applicant shall provide notice to the public by 17 posting signs: 18 (1) On areas that of the proposed facility site, which are clearly visible to an ordinarily 19 observant person person; and shall be posted within thirty days after the filing of the 20 notification of intent to apply for a permit for the construction of a proposed energy 21 conversion facility or AC/DC conversion facility. The signs shall; and 22 (2) That include the name and contact information of the utility and a brief description 23 of the proposed energy conversion facility or AC/DC conversion facility. 24 26.394.16 2 25 Underscores indicate new language. Overstrikes indicate deleted language. Section 3. That § 49-41B-6 be AMENDED: 1 49-41B-6. Within thirty days after the filing of the notification of intent to apply 2 an application for a permit for the construction of an energy conversion facility or AC/DC 3 conversion facility, the Public Utilities Commission commission shall designate the affected 4 area and a local review committee composed of: 5 (1) The chair of the tribal council of each affected reservation; 6 (2) The president of the board of education of each affected school district; 7 (3) The chair of the board of county commissioners of each affected county; 8 26.394.17 2 25 SB25 ENROLLED (4) The mayor of each affected municipality; and 9 (5) A representative of the applicant utility designated by the utilities utility. 10 Within ten days of the commission's designation pursuant to this chapter, the 11 commission shall provide notice of the designation to each member of the committee. 12 If a member elects to participate in the committee process, the member must 13 provide written notice of the election to the commission within sixty days after the filing 14 of the application. Unless at least three members elect to participate, the requirements of 15 §§ 49-41B-7, 49-41B-8, 49-41B-10, and 49-41B-20 are waived, and the committee 16 ceases to exist. 17 Section 4. That § 49-41B-7 be AMENDED: 18 49-41B-7. The local review committee shall meet to assess the extent of the 19 potential social and economic effect to be generated by effects of the proposed facility, to 20 assess facility and the affected area's capacity to absorb those effects at various stages of 21 construction, and to formulate mitigation measures. The assessment of the local review 22 committee shall committee's assessment must also include consideration of the temporary 23 and permanent alternatives in the following areas: 24 (1) Housing supplies; 25 (2) Educational facilities and manpower; 26 (3) Water supply and distribution; 27 (4) Waste water treatment and collection; 28 (5) Solid waste disposal and collection; 29 (6) Law enforcement; 30 (7) Transportation; 31 (8) Fire protection; 32 (9) Health; 33 26.394.16 3 25 Underscores indicate new language. Overstrikes indicate deleted language. (10) Recreation; 1 (11) Government; and 2 (12) Energy. 3 The applicant shall provide to the members of the committee copies of the 4 application and any other information the commission determines necessary for the 5 committee's assessment pursuant to this section. 6 Section 5. That § 49-41B-8 be AMENDED: 7 26.394.17 3 25 SB25 ENROLLED 49-41B-8. The A local review committee may employ such persons as determined 8 by the Public Utilities Commission which may be required any personnel the committee 9 determines necessary to carry out the provisions of § 49-41B-7 and the expenses of said 10 staff shall be paid from the initial filing fee. The commission shall furnish copies of the 11 application to the members of the local review committee and all other information which 12 the commission determines that the committee should receive, 49-41B-7, subject to the approval of 13 the commission. The applicant shall pay the expenses of the personnel. 14 Section 6. That § 49-41B-14 be REPEALED. 15 26.394.17 4 25 SB25 ENROLLED An Act to update provisions related to the permit application process for proposed energy and transmission facilities. I certify that the attached Act originated in the: Senate as Bill No. 25 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 25 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The Public Utilities Commission may require that further data be provided prior to 16 attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the public hearings. The commission or applicant may also request that a prehearing 17 conference be held prior to a public hearing which request shall be granted. 18 Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State