AN ACT
ENTITLED, An Act to
revise certain requirements for the siting of energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-41B-2.1 be amended to read as follows:
49-41B-2.1. For the purposes of this chapter, a transmission facility is:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-41B-2.1 be amended to read as follows:
49-41B-2.1. For the purposes of this chapter, a transmission facility is:
(1)
An electric transmission line and associated facilities with a design of two hundred fifty
kilovolts or more;
(2)
An electric transmission line and associated facilities with a design of one hundred fifteen
to two hundred fifty kilovolts, if more than one mile in length of the transmission line
does not follow section lines, property lines, roads, highways or railroads, or is not
reconstruction or modification of existing transmission lines and existing associated
facilities located on abandoned railroad rights-of-way; or
(3)
A gas or liquid transmission line and associated facilities designed for or capable of
transporting coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, excluding any
gas or liquid transmission lines or associated facilities which meet any of the following
criteria:
(a)
Lines or facilities that are used exclusively for distribution or gathering;
(b)
Steel pipe and associated facilities operated at a hoop stress of less than twenty
percent of specified minimum yield strength as defined by 49 CFR 192.3 as of
January 1, 2007, or plastic pipe and associated facilities which operate at less than
fifty percent of the design pressure as determined by the formula specified in 49
CFR 192.121 as of January 1, 2007; or
(c)
Pipe which has nominal diameter under four inches and not more than one mile of
the entire line is constructed outside of public right-of-way.
Section 2. That § 49-41B-21 be amended to read as follows:
49-41B-21. Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A- 9.
Section 3. That § 49-41B-35 be amended to read as follows:
49-41B-35. To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:
Section 2. That § 49-41B-21 be amended to read as follows:
49-41B-21. Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A- 9.
Section 3. That § 49-41B-35 be amended to read as follows:
49-41B-35. To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:
(1)
To establish the information requirements and procedures that every utility must follow
when filing plans with the commission regarding its proposed and existing facilities;
(2)
To establish procedures for utilities to follow when filing an application for a permit to
construct a facility, and the information required to be included in the application; and
(3)
To require bonds, guarantees, insurance, or other requirements to provide funding for the
decommissioning and removal of a wind energy facility.
An Act to revise certain requirements for the siting of energy facilities.
An Act to revise certain requirements for the siting of energy facilities.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
21
____________________________ Secretary of the Senate ____________________________ President of the Senate
Attest:
____________________________ Secretary of the Senate
____________________________
Attest:
____________________________ Chief Clerk
Senate
Bill
No.
21
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
