FOR AN ACT ENTITLED, An Act to  revise the requirements regarding the siting of energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 49-41B-5.2 be amended to read as follows:
     49-41B-5.2.   Before a utility may begin construction of an energy conversion facility or an AC/DC conversion facility, the utility The applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the energy conversion facility or AC/DC conversion facility is to be constructed. For purposes of this section, the owner of record is limited to the owner designated to receive the property tax bill sent by the county treasurer. The notice shall be mailed by certified mail. The utility applicant shall also publish a notice of the proposed facility. Notification shall be published in the official newspaper of the each county in which the proposed site is located. The notice shall be published at least once each week for at least two consecutive weeks. The notice shall contain a description of the nature and location of the energy conversion facility or AC/DC conversion facility. Notification shall be made at least thirty days prior to the date of the public hearing.

Any notification required by this section shall state the date, time, and location of the public hearing and shall be made no later than two weeks prior to the date of the public hearing.
     Section 2.  That § 49-41B-15 be amended to read as follows:
     49-41B-15.   Within thirty days following receipt of an application for a permit, the Public Utilities Commission commission shall:

             (1)      Schedule a public hearing;

             (2)      Notify the applicant of the hearing;

             (3)      Serve notice of the application and hearing upon the governing bodies of the counties and municipalities totally or partially within the area of the proposed facility and upon the owner of record of any land that is located within one-half mile of the proposed facility ;

             (4)      Publish a notice of the time, place, and purpose of the public hearing in at least one newspaper of general circulation in counties totally or partially within the area of the proposed facility; and

             (5)      File a copy of the application with the auditor of the county or counties in which the proposed facility will be constructed.
     Section 3.  That § 49-41B-17.1 be amended to read as follows:
     49-41B-17.1.   The county auditor of the each county of residence of a party to a permit proceeding residing in the area where a facility is proposed to be sited , as provided in § 49-41B- 17, is the agent for service of process upon such a party. For energy conversion facilities, all counties in the designated siting area are included. Any such party may receive all material filed in the matter by making a specific request to the Public Utilities Commission commission for personal service of the material.