An Act to require an environmental impact statement from applicants seeking a carbon dioxide transmission facility permit from the Public Utilities Commission of the State of South Dakota.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-41B-12 be AMENDED:

49-41B-12. At the time of filing an application as required in § 49-41B-11, an applicant must shall deposit the minimum fee with the commission. If required by the commission, an applicant must remit an amount to be determined by the commission based upon the actual cost of investigating, reviewing, processing, and serving notice of an application. The amount must be deposited with the state treasurer and credited to a subfund within the designated revenue fund and may only be disbursed on vouchers approved by the commission for the actual cost of investigating, reviewing, processing, and serving notice of the application. Except as otherwise provided in this section or agreed to by an applicant, the maximum fee chargeable may not exceed one-quarter one-half of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. To exceed the maximum fee when the applicant has not agreed to a fee higher than the maximum amount, the commission must shall make a finding upon a motion from the commission staff that all costs incurred were reasonably necessary to investigate, review, process, and serve notice of the application. In these circumstances, the commission must shall seek reimbursement for those costs, during the next regular legislative session. However, the minimum total fee chargeable may not be less than twenty thousand dollars. The minimum fee is nonrefundable unless ordered by the commission.

If the commission determines that an environmental impact statement should be prepared as provided under chapter 34A-9 before taking final action on an application under this chapter, the maximum fee chargeable above may be increased to an amount not to exceed one-half of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. However, the provisions of this paragraph do not apply in cases in which a The maximum fee chargeable may not exceed one-quarter of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility if:

(1) A detailed environment impact study has been completed pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2009, 42 U.S.C. § 4321 et seq. (January 1, 2025), and implementing regulations thereto if such a; or

(2) An environmental impact statement that complies with the provisions of chapter 34A-9 is available to the commission, at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25.

The provisions of this section apply to all pending permit applications and future permit applications before the commission.

Section 2. That § 49-41B-21 be AMENDED:

49-41B-21. Prior to the issuance of a permit for a carbon dioxide transmission facility as defined in § 49-41B-2, the commission must prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9 and is made available to the public on the commission website. In all other cases, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9.

For purposes of this chapter, the provisions of 34A-9 apply to any permit application by a public or private applicant for issuance of a permit for a carbon dioxide transmission facility.

Section 3. That § 49-41B-22.1 be AMENDED:

49-41B-22.1. Nothing contained herein shall prohibit in this section prohibits an applicant from reapplying for a permit previously denied pursuant to § 49-41B-24 or 49-41B-25 within three years from the date of the denial of the original permit. Upon the first such reapplication, the applicant shall have the burden of proof to establish only those criteria upon which the original permit was denied, provided that nothing in the reapplication materially changes the information presented in the original application regarding those criteria upon which the original permit was not denied. However, nothing contained in this provision shall prohibit the Public Utilities Commission Nothing in this section prohibits the commission from requiring such the applicant to meet its the burden of proof as to any criteria, upon a specific finding by the commission of a material change in the circumstances regarding those criteria, but the Public Utilities Commission shall commission may not, in any event, prepare or require the preparation of an a new environmental impact statement.