2015 House Bill 1038 - Introduced

State of South Dakota  
NINETIETH SESSION
LEGISLATIVE ASSEMBLY, 2015  

400W0213   HOUSE BILL   NO.  1038  

Introduced by:    The Committee on Commerce and Energy at the request of the Public Utilities Commission
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions related to the siting of energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 49-41B-2 be amended to read as follows:
    49-41B-2. Terms as used in this chapter mean:
            (1)    "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility or vice versa;
            (2)    "Associated facilities," facilities which include, aqueducts, diversion dams, transmission substations of two hundred fifty kilovolts or more, storage ponds, reservoirs, or cooling ponds;
            (3)    "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;
            (4)    "Commission," the Public Utilities Commission;
            (5)    "Construction," any clearing of land, excavation, or other action that would affect the

environment of the site for each land or rights of way upon or over which a facility may be constructed or modified, but not including activities incident to preliminary engineering or environmental studies. This term includes modifications to facilities as defined in § 49-41B-2.2;

            (6)    "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind energy facilities;
            (7)    "Facility," any energy conversion facility, AC/DC conversion facility, transmission facility, or wind energy facility, and associated facilities;
            (8)    "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;
            (9)    "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;
            (10)    "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or which is determined by the commission to be affected by a proposed energy conversion facility;
            (11)    "Trans-state transmission facility," an electric transmission line and its associated facilities which originates outside the State of South Dakota, crosses this state and terminates outside the State of South Dakota; and which transmission line and associated facilities delivers electric power and energy of twenty-five percent or less of the design capacity of such line and facilities for use in the State of South Dakota;
            (12)    "Utility," any person engaged in and controlling the generation or transmission of

electric energy and gas or liquid transmission facilities as defined by § 49-41B-2.1;

            (13)    "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity. A wind energy facility expansion includes the addition of new wind turbines, designed for or capable of generating twenty-five megawatts or more of electricity, which are to be managed in common and integrated with existing turbines and the combined megawatt capability of the existing and new turbines is one hundred megawatts or more of electricity. The number of megawatts generated by a wind energy facility is determined by adding the nameplate power generation capability of each wind turbine.
    Section 2. That § 49-41B-24 be amended to read as follows:
    49-41B-24. Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, substations of two hundred fifty kilovolts or more, transmission lines of two hundred fifty kilovolts or more, or transmission lines for coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide or transmission facilities, the commission shall make complete findings in rendering a decision regarding whether a permit should be granted, denied, or granted upon such terms, conditions or modifications of the construction, operation, or maintenance as the commission deems appropriate.
    Section 3. That § 49-41B-25 be amended to read as follows:
    49-41B-25. Within six months of receipt of the initial application for a permit for the construction of a wind energy facility, substation, or transmission line of less than two hundred

fifty kilovolts, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission may deem deems appropriate. In its decision the commission must find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.
    Section 4. That § 49-41B-26 be amended to read as follows:
    49-41B-26. The Public Utilities Commission commission shall provide the applicant with a full financial accounting relating to the expenditures of the amount received pursuant to § 49-41B-12. Unused Except for the eight thousand dollar minimum fee required pursuant to § 49-41B-12, unused moneys shall be refunded to the applicant within thirty days of the commission's decision on said the application.

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