reglab/housing_qa huggingface dataset:
SD Codified L § 49-41B-2.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-2.2 - Modified facility defined.

49-41B-2.2. Modified facility defined.For the purposes of this chapter, a facility is considered to be modified if:(1)A gas or liquid transmission line that did not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete. No permit is required for steel pipe and associated facilities, as described in subsection 49-41B-2.1(2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than twenty percent of specified minimum yield strength unless the pipeline operator intends to increase the ongoing constant pressure to twenty percent or more. No permit is required for plastic pipe and associated facilities, as described in subsection 49-41B-2.1(2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than fifty percent of the design pressure unless the pipeline operator intends to increase the ongoing constant pressure to fifty percent or more;(2)An electric transmission line that does not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete or the nameplate carrying capacity of an electric transmission facility is to be increased by an additional twenty kilovolts or greater; or(3)The nameplate generating capacity of an energy conversion facility is to be increased by a net additional one hundred megawatts or greater. Source: SL 2010, ch 226, §3.
SD Codified L § 49-41B-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-3 - Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.

49-41B-3. Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents.Every utility which owns or operates or plans within the next ten years to own or operate energy conversion facilities shall develop and submit a ten-year plan to the Public Utilities Commission. The plan shall be updated every second year after its submission. The plan shall contain the following:(1)A description of the general location, size, and type of energy conversion facilities or transmission facilities of two hundred fifty kilovolts or more to be owned or operated by the utility during the ensuing ten years, as well as those facilities to be removed from service during the planning period;(2)A description of the efforts by the utility to coordinate the plan with other utilities so as to provide a coordinated regional plan for meeting the utility needs of the region;(3)A statement of the projected demand for the service rendered by the utility for the ensuing ten years and the underlying assumptions for the projection, with such information being as geographically specific as possible and a description of the manner and extent to which the utility will meet the projected demand; and(4)Any other relevant information as may be requested by the commission. Source: SL 1977, ch 390, §23.
SD Codified L § 49-41B-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4 - Permit required before construction of facility after certain date.

49-41B-4. Permit required before construction of facility after certain date.No utility may begin construction of a facility in the state on or after July 1, 1979, without first having obtained a permit issued with respect to such facility by the Public Utilities Commission pursuant to this chapter. No such permit is required for an associated facility to be constructed for the purpose of transporting water if the water management board has issued a permit to appropriate water for the use to be made by that facility. Any facility, with respect to which a permit is required, shall thereafter be constructed, operated, and maintained in conformity with such permit including any terms, conditions, or modifications contained therein. Source: SL 1977, ch 390, §4; SL 1983, ch 349.
SD Codified L § 49-41B-4.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.1 - Trans-state transmission facility--Permit and legislative approval required.

49-41B-4.1. Trans-state transmission facility--Permit and legislative approval required.No utility shall begin construction of a trans-state transmission facility within the state without first having obtained a permit as required in this chapter and approval by an act of the South Dakota Legislature. Source: SL 1979, ch 318, §§3, 5; SL 1980, ch 327, §4.
SD Codified L § 49-41B-4.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.2 - Trans-state transmission line--Criteria required.

49-41B-4.2. Trans-state transmission line--Criteria required.The South Dakota Legislature before approving a proposed trans-state transmission line shall find that each of the following criteria has been met:(1)That the proposed trans-state transmission line and route will comply with all applicable laws and rules;(2)That the proposed trans-state transmission line and route will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or anticipated inhabitants in the siting area;(3)That the proposed trans-state transmission line and route will not substantially impair the health, safety or welfare of the inhabitants;(4)That the proposed trans-state transmission line and route will not unduly interfere with the orderly development of the region with due consideration having been given to views of the governing bodies of effective local units of government;(5)That the proposed trans-state transmission facility will be consistent with the public convenience and necessity in any area or areas which will receive electrical service, either direct or indirect, from the facility, regardless of the state or states in which area or areas are located. Source: SL 1979, ch 318, §4; SL 1980, ch 327, §3; SL 1981, ch 340, §2.
SD Codified L § 49-41B-4.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.3 - Seasonal diversity exchange of electric power.

49-41B-4.3. Seasonal diversity exchange of electric power.The transmission line to be used in the seasonal diversity exchange of electric power as set forth in the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Title 6, Section 602, is hereby declared to be subject to this chapter. Source: SL 1979, ch 318, §5; SL 1980, ch 327, §5.
SD Codified L § 49-41B-4.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.4 - Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.

49-41B-4.4. Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land.In the exercise of the authority of eminent domain pursuant to chapter 21-35 to acquire right-of-way or other property for a trans-state transmission facility as defined by subdivision 49-41B-2(9) a property owner shall have the option to require the utility to take a fee interest in any amount of contiguous land outside the designated right-of-way which he owns and elects in writing to transfer to the utility within sixty days of receipt of the notice of filing of a petition pursuant to §21-35-1. The fee acquisition of contiguous lands as required by this section shall be considered a taking for a public purpose and for use in the operation of the utility. However, the utility shall be required to divest itself completely of all lands used for farming or capable of being used for farming within five years after the date of acquisition pursuant to this section. If these lands are not divested as provided by this section they shall be sold at a public sale as provided by chapter 21-47 relating to foreclosure of a real property mortgage by action. No land more than one-half mile from the center line of the power line need be taken. Source: SL 1980, ch 327, §9.
SD Codified L § 49-41B-4.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.5 - Foreclosure on nondivested agricultural land.

49-41B-4.5. Foreclosure on nondivested agricultural land.The attorney general shall commence action pursuant to chapter 21-47 where there is reason to believe that the utility has not complied with the provisions of §49-41B-4.4 relating to the divestiture of agricultural lands within five years of their acquisition. Source: SL 1980, ch 327, §10.
SD Codified L § 49-41B-4.6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.6 - Corporate ownership of agricultural land.

49-41B-4.6. Corporate ownership of agricultural land.The restrictions on corporate ownership of agricultural land pursuant to §47-9A-3 shall not apply to acquisitions of agricultural land required by a proceeding pursuant to §49-41B-4.4. Source: SL 1980, ch 327, §11.
SD Codified L § 49-41B-4.7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-4.7 - Divestiture of less than fair market value not required.

49-41B-4.7. Divestiture of less than fair market value not required.No utility required to divest lands pursuant to this chapter, shall be required to do so for less than fair market value. Source: SL 1980, ch 327, §12.
SD Codified L § 49-41B-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-5 - Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.

49-41B-5. Notification of intent to apply for permit required before filing application--Time--Prefiling conference if applicant requests.A notification of intent to apply for a permit for construction of an energy conversion facility or AC/DC conversion facility shall be filed with the Public Utilities Commission at least six months before filing an application as required in §49-41B-11. A prefiling conference may be requested by the applicant and such request shall be granted by the commission. Source: SL 1977, ch 390, §5; SL 2006, ch 242, §2.
SD Codified L § 49-41B-5.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-5.1 - Posting of signs on proposed site--Time for posting--Contents.

49-41B-5.1. Posting of signs on proposed site--Time for posting--Contents.The utility shall post signs on the area where the energy conversion facility or AC/DC conversion facility is proposed to be sited to notify the public. The signs shall be posted on areas that are clearly visible to an ordinarily observant person and shall be posted within thirty days after the filing of the notification of intent to apply for a permit for the construction of a proposed energy conversion facility or AC/DC conversion facility. The signs shall include the name and contact information of the utility and a brief description of the proposed energy conversion facility or AC/DC conversion facility. Source: SL 2006, ch 242, §8.
SD Codified L § 49-41B-5.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-5.2 - Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor.

49-41B-5.2. Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor.Within thirty days following the filing of an application for permit, 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 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 notice shall contain a description of the nature and location of the facility. Any notification required by this section shall state the date, time, and location of the public input meeting. The applicant shall also file a copy of the application with the auditor of each county in which the proposed facility will be located. Source: SL 2006, ch 242, §7; SL 2008, ch 246, §1; SL 2010, ch 226, §4; SL 2019, ch 200, §4.
SD Codified L § 49-41B-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-6 - Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.

49-41B-6. Designation of affected area by commission after notification of intent filed--Local review committee designated, composition.Within thirty days after the filing of the notification of intent to apply for a permit for the construction of an energy conversion facility or AC/DC conversion facility, the Public Utilities Commission shall designate the affected area and a local review committee composed of:(1)The chair of the tribal council of each affected reservation;(2)The president of the board of education of each affected school district;(3)The chair of the county commissioners of each affected county;(4)The mayor of each affected municipality; and(5)A representative of the applicant utility designated by the utilities. Source: SL 1977, ch 390, §10; SL 2006, ch 242, §3.
SD Codified L § 49-41B-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-7 - Assessment by local review committee--Factors included.

49-41B-7. Assessment by local review committee--Factors included.The local review committee shall meet to assess the extent of the potential social and economic effect to be generated by the proposed facility, to assess the affected area's capacity to absorb those effects at various stages of construction, and formulate mitigation measures. The assessment of the local review committee shall include consideration of the temporary and permanent alternatives in the following areas:(1)Housing supplies;(2)Educational facilities and manpower;(3)Water supply and distribution;(4)Waste water treatment and collection;(5)Solid waste disposal and collection;(6)Law enforcement;(7)Transportation;(8)Fire protection;(9)Health;(10)Recreation;(11)Government; and(12)Energy. Source: SL 1977, ch 390, §12; SL 2010, ch 226, §5.
SD Codified L § 49-41B-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-8 - Employment of personnel by committee--Expenses--Information furnished by commission.

49-41B-8. Employment of personnel by committee--Expenses--Information furnished by commission.The local review committee may employ such persons as determined by the Public Utilities Commission which may be required to carry out the provisions of §49-41B-7 and the expenses of said staff shall be paid from the initial filing fee. The commission shall furnish copies of the application to the members of the local review committee and all other information which the commission determines that the committee should receive. Source: SL 1977, ch 390, §14.
SD Codified L § 49-41B-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-9 - Financing of committee expenses.

49-41B-9. Financing of committee expenses.Expense payments and other authorized payments to members of the local review committee for their service on the committee shall be financed by the unit of government or utility which they represent. Source: SL 1977, ch 390, §11.
SD Codified L § 49-41B-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-10 - Final report of committee.

49-41B-10. Final report of committee.Within seven months after the application is filed the local review committee shall file a final report with the Public Utilities Commission which includes the recommendations of the committee as to mitigation measures and minority reports. Source: SL 1977, ch 390, §13.
SD Codified L § 49-41B-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.

49-41B-11. Applications for permit--Filing deadline--Form--Contents.All applications for a permit shall be filed with the Public Utilities Commission not less than six months prior to the planned date of commencement of construction of a facility in such form as prescribed by rules, and shall contain, but not be limited to, the following information:(1)The name and address of the applicant;(2)Description of the nature and location of the facility;(3)Estimated date of commencement of construction and duration of construction;(4)Estimated number of employees employed at the site of the facility during the construction phase and during the operating life of the facility. Estimates shall include the number of employees who are to be utilized but who do not currently reside within the area to be affected by the facility;(5)Future additions and modifications to the facility which the applicant may wish to be approved in the permit;(6)A statement of the reasons for the selection of the proposed location;(7)Person owning the proposed facility and person managing the proposed facility;(8)The purpose of the facility;(9)Estimated consumer demand and estimated future energy needs of those consumers to be directly served by the facility;(10)The potential short and long range demands on any estimated tax revenues generated by the facility for the extension or expansion of public services within the affected areas;(11)Environmental studies prepared relative to the facility;(12)Estimated construction cost of the facility. Source: SL 1977, ch 390, §7.
SD Codified L § 49-41B-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-12 - Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.

49-41B-12. Deposit required--Disposition--Minimum and maximum fees--Environmental impact fee.At the time of filing an application as required in §49-41B-11 or as subsequently required by the commission, an applicant shall deposit with the commission an initial amount to be determined by the commission based upon the estimated cost of investigating, reviewing, processing, and serving notice of an application. The amount shall be deposited with the state treasurer and credited to a subfund within the designated revenue fund and shall be disbursed on vouchers approved by the commission for the actual cost of investigating, reviewing, processing, and serving notice of the application. 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. However, the minimum total fee chargeable may not be less than eight thousand dollars.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 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, and implementing regulations thereto if such a statement 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. Source: SL 1977, ch 390, §6; SL 1981, ch 344; SL 2009, ch 245, §1.
SD Codified L § 49-41B-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-13 - Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.

49-41B-13. Denial, return, or amendment of application--Grounds--Applicant permitted to make changes.An application may be denied, returned, or amended at the discretion of the Public Utilities Commission for:(1)Any deliberate misstatement of a material fact in the application or in accompanying statements or studies required of the applicant;(2)Failure to file an application generally in the form and content required by this chapter and the rules promulgated thereunder; or(3)Failure to deposit the initial amount with the application as required by §49-41B-12.The commission shall, upon denying or returning an application, provide the applicant with reasons for such action and shall allow the applicant to make changes in the application in order to comply with the requirements of this chapter. Source: SL 1977, ch 390, §28.
SD Codified L § 49-41B-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.

49-41B-14. Further data provided prior to hearings if required--Prehearing conference.The Public Utilities Commission may require that further data be provided prior to the public hearings. The commission or applicant may also request that a prehearing conference be held prior to a public hearing which request shall be granted. Source: SL 1977, ch 390, §8.
SD Codified L § 49-41B-15 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-15 - Commission procedure following receipt of application for permit.

49-41B-15. Commission procedure following receipt of application for permit.Within thirty days following receipt of an application for a permit, the commission shall:(1)Schedule a public input meeting;(2)Notify the applicant of the public input meeting; and(3)Serve notice of the application and public input meeting upon the governing bodies of the counties and municipalities totally or partially within the area of the proposed facility. Source: SL 1977, ch 390, §9; SL 2006, ch 242, §4; SL 2008, ch 246, §2; SL 2019, ch 200, §5.