reglab/housing_qa huggingface dataset:
SD Codified L § 49-41B-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-16 - Public input hearing--Location--Publication of notice.

49-41B-16. Public input hearing--Location--Publication of notice.The commission shall hold any public input meeting as close as practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose of any public input meeting three times in at least one newspaper of general circulation in any county totally or partially within the area of the proposed facility. Each notification required in this section shall state the date, time, and place of the public input meeting. The first notice shall be published no later than thirty days prior to the date of the public input meeting. The second notice shall be published no later than twenty days prior to the date of the public input meeting. The third notice shall be published no later than two days prior to the date of the public input meeting. Source: SL 1977, ch 390, §15; SL 2019, ch 200, §6.
SD Codified L § 49-41B-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-17 - Parties to proceedings under chapter.

49-41B-17. Parties to proceedings under chapter.The parties to a proceeding under this chapter unless otherwise provided include:(1)The commission staff;(2)The applicant;(3)Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as determined by the commission pursuant to rule; and(4)Any person residing in the area where the facility is proposed to be sited, or any directly interested person, if timely application therefore is made as determined by the commission pursuant to rule. An application for party status in a proceeding under this chapter must contain a detailed statement of the interests and reasons prompting the application. Source: SL 1977, ch 390, §20; SL 1982, ch 332, §1; SL 2019, ch 200, §7.
SD Codified L § 49-41B-17.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-17.1 - County auditor as agent for service of process on party--Request for personal service.

49-41B-17.1. County auditor as agent for service of process on party--Request for personal service.The county auditor of each county where a facility is proposed to be sited is the agent for service of process upon a party. For energy conversion facilities, all counties in the designated siting area are included. Any party may receive all material filed in the matter by making a specific request to the commission for personal service of the material. Source: SL 1982, ch 332, §3; SL 2008, ch 246, §3.
SD Codified L § 49-41B-17.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-17.2 - Contested case hearing.

49-41B-17.2. Contested case hearing.A party to a proceeding under this chapter as provided in §49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26. Source: SL 2019, ch 200, §12.
SD Codified L § 49-41B-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-19 - Evidence from state or local agencies relative to environmental, social and economic conditions.

49-41B-19. Evidence from state or local agencies relative to environmental, social and economic conditions.The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein. Source: SL 1977, ch 390, §17.
SD Codified L § 49-41B-19.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-19.1 - Public comments on application.

49-41B-19.1. Public comments on application.The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to this section, and may publish substantially similar comments by publishing one of the comments and attributing the content of the comment to a number of persons. Source: SL 2019, ch 200, §11.
SD Codified L § 49-41B-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-20 - Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.

49-41B-20. Final report heard by commission at final hearing--Decision on application--Adoption of committee's report.The final report shall be heard by the Public Utilities Commission at the final hearing wherein the commission makes its decision on the application for a permit. The local review committee report may be adopted in whole or in part, at the discretion of the commission. Source: SL 1977, ch 390, §13.
SD Codified L § 49-41B-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-21 - Environmental impact statement.

49-41B-21. Environmental impact statement.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. Source: SL 1977, ch 390, §16; SL 2007, ch 274, §2.
SD Codified L § 49-41B-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-22 - Applicant's burden of proof.

49-41B-22. Applicant's burden of proof.The applicant has the burden of proof to establish by a preponderance of the evidence that:(1)The proposed facility will comply with all applicable laws and rules;(2)The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;(3)The facility will not substantially impair the health, safety or welfare of the inhabitants; and(4)The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision. Source: SL 1977, ch 390, §17; SL 1981, ch 340, §3; SL 1991, ch 386, §6; SL 2019, ch 200, §8.
SD Codified L § 49-41B-22.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-22.1 - Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.

49-41B-22.1. Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required.Nothing contained herein shall prohibit 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 from requiring such applicant to meet its 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 not, in any event, prepare or require the preparation of an environmental impact statement. Source: SL 1982, ch 333, §1.
SD Codified L § 49-41B-22.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-22.2 - Reapplication for permit--Discussion of commission as to applicant's burden of proof.

49-41B-22.2. Reapplication for permit--Discussion of commission as to applicant's burden of proof.If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to §49-41B-24 or 49-41B-25, the Public Utilities Commission may in its discretion decide if an applicant shall have the burden of proof to establish all criteria required in an original application. Source: SL 1982, ch 333, §2.
SD Codified L § 49-41B-22.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.

49-41B-22.3. Reapplication for permit--Deposits and fees required.The provisions of §49-41B-12 relating to deposits and fees required of applicants shall apply to all reapplications made pursuant to §§49-41B-22.1 and 49-41B-22.2. Source: SL 1982, ch 333, §3.
SD Codified L § 49-41B-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-23 - Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.

49-41B-23. Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.The Public Utilities Commission may waive compliance with and provisions of this chapter if the utility or person submitting an application pursuant to the chapter demonstrates to the commission at a public hearing that an immediate, urgent need for a facility or an associated facility exists and that the utility or person submitting the application did not have knowledge that a need for the facility existed sufficiently in advance to fully comply with the provisions of this chapter. The commission may waive compliance with any of the provisions of this chapter upon receipt of notice by a utility or person that a facility, or an associated facility, has been damaged or destroyed as a result of fire, flood, or other natural disaster, or as a result of insurrection, war, or other civil disorder, and there exists a need for construction of a new facility, or the relation of a previously existing facility or associated facility in order to promote the public health, safety or welfare. Source: SL 1977, ch 390, §30.
SD Codified L § 49-41B-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-24 - Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.

49-41B-24. Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application.Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, 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. Source: SL 1977, ch 390, §18; SL 1980, ch 328, §2; SL 1981, ch 341; SL 2006, ch 242, §5; SL 2009, ch 243, §3; SL 2015, ch 235, §2.
SD Codified L § 49-41B-24.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-24.1 - Extension of deadlines.

49-41B-24.1. Extension of deadlines.Upon request of the applicant, the commission may extend the deadlines for commission action established in §§49-41B-24 and 49-41B-25. Source: SL 2019, ch 200, §10.
SD Codified L § 49-41B-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-25 - Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.

49-41B-25. Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision.Within nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, 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 determines are appropriate. In the decision, the commission shall 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. Source: SL 1977, ch 390, §19; SL 2005, ch 250, §3; SL 2015, ch 235, §3; SL 2019, ch 200, §9.
SD Codified L § 49-41B-25.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.

49-41B-25.1. Notice to commission of planned construction of certain wind energy projects.Any person who plans on constructing a wind energy project consisting of wind turbines with a combined nameplate capacity that exceeds five megawatts shall notify the commission four months prior to the planned start of construction of the project. The notification shall be for informational purposes only and shall state the planned location of the project, the number of wind turbines, the nameplate capacity of the wind turbines, the planned method of interconnection, and the estimated construction start date and construction completion date. If the information provided changes, the informational filing shall be updated to reflect the changes. Source: SL 2009, ch 246, §1.
SD Codified L § 49-41B-25.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.

49-41B-25.2. Wind energy facility to include aircraft detection lighting system.For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility. Source: SL 2019, ch 201, §1.
SD Codified L § 49-41B-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.

49-41B-26. Accounting for expenditures of applicant's deposit--Refund of unused moneys.The commission shall provide the applicant with a full financial accounting relating to the expenditures of the amount received pursuant to §49-41B-12. 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 the application. Source: SL 1977, ch 390, §6; SL 2015, ch 235, §4.
SD Codified L § 49-41B-27 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-27 - Construction, expansion, and improvement of facilities.

49-41B-27. Construction, expansion, and improvement of facilities.Utilities which have acquired a permit in accordance with the provisions of this chapter may proceed to improve, expand, or construct the facility for the intended purposes at any time, subject to the provisions of this chapter; provided, however, that if such construction, expansion and improvement commences more than four years after a permit has been issued, then the utility must certify to the Public Utilities Commission that such facility continues to meet the conditions upon which the permit was issued. Source: SL 1977, ch 390, §29.
SD Codified L § 49-41B-28 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-28 - Supersession of local land use controls by facility permit upon finding by commission.

49-41B-28. Supersession of local land use controls by facility permit upon finding by commission.A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances. Source: SL 1977, ch 390, §31.
SD Codified L § 49-41B-29 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-29 - Transfer of permit--Commission approval--Rules.

49-41B-29. Transfer of permit--Commission approval--Rules.A permit may be transferred, subject to the approval of the Public Utilities Commission to a person who agrees to comply with the terms, conditions, and modifications contained therein. The commission shall adopt rules pursuant to the authority granted under this chapter. Source: SL 1977, ch 390, §4.
SD Codified L § 49-41B-30 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.

49-41B-30. Circuit court review of commission decision by aggrieved party--Procedures.Any party to a permit issuance proceeding aggrieved by the final decision of the Public Utilities Commission on an application for a permit, may obtain judicial review of that decision by filing a notice of appeal in circuit court. The review procedures shall be the same as that for contested cases under chapter 1-26. Source: SL 1977, ch 390, §22; SL 1982, ch 332, §4.
SD Codified L § 49-41B-31 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.

49-41B-31. Order not stayed by appeal--Stay or suspension by court.Notwithstanding the provisions of §49-41B-30, the pendency of proceedings on appeal from a Public Utilities Commission order shall not of itself stay or suspend the operation of the order, but during the pendency of the proceedings the court may, upon motion by one of the parties, stay or suspend, in whole or in part, the operation of the commission's order on terms it deems just, and in accordance with the practice of courts exercising equity jurisdiction, but no stay shall be granted without notice to the parties and opportunity to be heard by the court. No commission order shall be stayed or suspended absent a finding that, great or irreparable damage would otherwise result to the party seeking the stay or suspension and any other staying or suspending a commission order shall specify the nature of the damage. Source: SL 1977, ch 390, §24.
SD Codified L § 49-41B-32 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.

49-41B-32. Surety bond required if order stayed or suspended--Other security.If an order of the Public Utilities Commission is stayed or suspended the court shall require a bond with good and sufficient surety, conditioned that the party or parties petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission. The court may in addition or in lieu of the bond, require other further security for the payment of such excess damages or charges it deems proper. Source: SL 1977, ch 390, §25.
SD Codified L § 49-41B-33 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-33 - Revocation or suspension of permit--Grounds.

49-41B-33. Revocation or suspension of permit--Grounds.A permit may be revoked or suspended by the Public Utilities Commission for:(1)Any misstatement of a material fact in the application or in accompanying statements or studies required of the applicant, if a correct statement would have caused the commission to refuse to grant a permit; or(2)Failure to comply with the terms or conditions of the permit; or(3)Violation of any material provision of this chapter or the rules promulgated thereunder. Source: SL 1977, ch 390, §27.
SD Codified L § 49-41B-34 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-34 - Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.

49-41B-34. Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.Any person required by this chapter to have a permit who begins construction of a facility without previously securing a permit as prescribed by this chapter, or who constructs, operates, or maintains a facility other than in compliance with the permit and any terms, conditions, and modifications contained therein is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars. Each day of violation shall constitute a separate offense. The civil penalty provided for in this section shall be recoverable by suit filed by the Public Utilities Commission and shall be deposited into the permanent school fund. Source: SL 1977, ch 390, §32.