reglab/housing_qa huggingface dataset:
SD Codified L § 49-34A-78 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-78 - Nonapproval of application for phase in rate plan.

49-34A-78. Nonapproval of application for phase in rate plan.If the commission does not approve an application for a phase in rate plan as defined in §49-34A-73, the electric utility may not be prohibited from making, acquiring, or constructing plant additions and requesting and obtaining rate adjustments as authorized by this chapter. Source: SL 1992, ch 331, §6; SL 2012, ch 230, §7.
SD Codified L § 49-34A-79 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-79 - Public or electric utilities authorized to remove certain obstructions.

49-34A-79. Public or electric utilities authorized to remove certain obstructions.Any public utility or electric utility as defined in §49-34A-1 and any utility operated by any political subdivision of the state may remove or alter any vegetation or other material if the utility determines that such removal or alteration is reasonably necessary for the safe repair, use, operation, or maintenance of the utility's electric or gas transmission or distribution lines. Source: SL 1999, ch 229, §1.
SD Codified L § 49-34A-80 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-80 - Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.

49-34A-80. Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.Any commercial small power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2001, produces ten megawatts or less of electricity as measured by nameplate rating, and is located within one county and owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of §§49-34A-80 to 49-34A-92, inclusive, for any new or expanded facility. Source: SL 2001, ch 257, §1.
SD Codified L § 49-34A-82 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-82 - Definitions.

49-34A-82. Definitions.Terms used in §§49-34A-80 to 49-34A-92, inclusive, mean:(1)"Department," the Department of Revenue;(2)"New or expanded facility," a new commercial small power production facility as defined in §49-34A-80 or an addition to an existing commercial small power production facility, the construction or installation of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B;(3)"Project," the installation or construction of the first ten megawatts of generation capacity of a new or expanded facility;(4)"Project cost," the amount paid in money for a project;(5)"Secretary," the secretary of the Department of Revenue. Source: SL 2001, ch 257, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 49-34A-83 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-83 - Refund or credit of certain taxes for construction of certain power production facilities.

49-34A-83. Refund or credit of certain taxes for construction of certain power production facilities.Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in §49-34A-80. Source: SL 2001, ch 257, §4.
SD Codified L § 49-34A-84 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-84 - Requirements for refund.

49-34A-84. Requirements for refund.The refund pertains only to project costs incurred and paid after July 1, 2001. The refund pertains only to project costs that were incurred and paid within thirty-six months of the approval of the application required by §§49-34A-80 to 49-34A-92, inclusive. No refund may be made unless:(1)The project costs exceed five hundred thousand dollars; and(2)The person applying for the refund obtains a permit from the secretary as set forth in §49-34A-86. Source: SL 2001, ch 257, §5.
SD Codified L § 49-34A-85 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-85 - Amount of refund.

49-34A-85. Amount of refund.The amount of the tax refund shall be one hundred percent of the contractor's excise taxes attributed to the project cost, excluding any associated transmission facilities. Source: SL 2001, ch 257, §6.
SD Codified L § 49-34A-86 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-86 - Application for refund--Refund claim not assignable--Exception.

49-34A-86. Application for refund--Refund claim not assignable--Exception.Any person desiring to claim a refund pursuant to §§49-34A-80 to 49-34A-92, inclusive, shall apply for a permit from the secretary at least thirty days prior to commencement of the project. The application for a permit shall be submitted on a form prescribed by the secretary. A separate application shall be made and submitted for each project. Upon approval of the application, the secretary shall issue a permit entitling the applicant to submit refund claims as provided by §§49-34A-80 to 49-34A-92, inclusive. The permit or refund claims are not assignable or transferable except as collateral or security pursuant to chapter 57A-9. Source: SL 2001, ch 257, §7.
SD Codified L § 49-34A-87 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-87 - Secretary to prescribe form and documentation requirements.

49-34A-87. Secretary to prescribe form and documentation requirements.Any claim for refund shall be submitted on forms prescribed by the secretary and shall be supported by such documentation as the secretary may require. The secretary may deny any claim where the claimant has failed to provide information or documentation requested or considered necessary by the secretary to determine the validity of the claim. Source: SL 2001, ch 257, §8.
SD Codified L § 49-34A-88 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-88 - Deadline for submitting claim for refund--Department to withhold percentage of refund.

49-34A-88. Deadline for submitting claim for refund--Department to withhold percentage of refund.Any claim for refund shall be submitted to the department on or before the last day of the month following each quarterly period. The secretary shall determine the amount of the tax refund. Ninety percent of the amount of refund shall be paid to the claimant in accordance with §§10-59-22 and 10-59-23, and ten percent shall be withheld by the department. No interest shall be paid on the refund amount. Source: SL 2001, ch 257, §9.
SD Codified L § 49-34A-89 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-89 - Withheld amounts paid at completion of project.

49-34A-89. Withheld amounts paid at completion of project.The amounts withheld by the department in accordance with §49-34A-88 shall be retained until the project has been completed and the claimant has met all the conditions of §§49-34A-80 to 49-34A-92, inclusive, at which time all sums retained shall be paid to claimant. Source: SL 2001, ch 257, §10.
SD Codified L § 49-34A-90 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-90 - Fraudulent claim--Refunded sums constitute lien in favor of state.

49-34A-90. Fraudulent claim--Refunded sums constitute lien in favor of state.If any claim has been fraudulently presented or supported as to any item in the claim, or if the claimant fails to meet all the conditions of §§49-34A-80 to 49-34A-92, inclusive, then the claim may be rejected in its entirety and all sums previously refunded to the claimant shall constitute a debt to the state and a lien in favor of the state upon all property and rights to property whether real or personal belonging to the claimant and may be recovered in an action of debt. Source: SL 2001, ch 257, §11.
SD Codified L § 49-34A-91 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-91 - Right to hearing on denial of refund claim.

49-34A-91. Right to hearing on denial of refund claim.Any person aggrieved by the denial in whole or in part of a refund claimed under §§49-34A-80 to 49-34A-92, inclusive, may within thirty days after service of the notice of a denial by the secretary, demand and is entitled to a hearing, upon notice, before the secretary. The hearing shall be conducted pursuant to chapter 1-26. Source: SL 2001, ch 257, §12.
SD Codified L § 49-34A-92 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-92 - Promulgation of rules.

49-34A-92. Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, concerning the procedures for filing refund claims and the requirements necessary to qualify for a refund. Source: SL 2001, ch 257, §13.
SD Codified L § 49-34A-93 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-93 - Implementation of and compliance with certain federal energy acts.

49-34A-93. Implementation of and compliance with certain federal energy acts.The commission may implement and comply with the provisions of the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2009, the Energy Policy Act of 2005, and the Energy Independence and Security Act of 2007 and may promulgate rules pursuant to chapter 1-26 consistent with these acts. The commission may implement policies or promulgate rules to establish the following:(1)Standards requiring a public utility to offer each of the utility's customer classes, and provide individual customers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility's costs of generating and purchasing electricity at the wholesale level;(2)Standards requiring a public utility to make interconnection service available on request to any electric customer that the utility serves;(3)Standards requiring a public utility to develop a plan to minimize dependence on one fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies;(4)Standards requiring a public utility to develop and implement a ten-year plan to increase the efficiency of its fossil fuel generation;(5)Standards or policies requiring a public utility to integrate energy efficiency resources into the utility's planning process and to adopt policies establishing cost-effective energy efficiency as a priority resource;(6)Standards or policies allowing a public utility's rates to align utility incentives with the delivery of cost-effective energy efficiency and promote energy efficiency investments;(7)Standards or policies requiring prior to investing in nonadvanced grid technologies, that a public utility consider investing in a smart grid system; and(8)Standards or policies requiring public utilities to provide smart grid information regarding electricity prices, usage, and sources of power to customers.Any order adopted by the commission prior to January 1, 2006, pursuant to these acts, is hereby validated. Source: SL 2006, ch 240, §1; SL 2009, ch 240, §1.
SD Codified L § 49-34A-94 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-94 - Renewable electricity and recycled energy defined.

49-34A-94. Renewable electricity and recycled energy defined.For the purposes of §§49-34A-94 to 49-34A-96, inclusive, renewable electricity and recycled energy include electricity generated from facilities using one or more of the following sources:(1)Wind that uses wind as the source of energy to produce electricity;(2)Solar that uses the sun as the source of energy to produce electricity;(3)Hydroelectric that uses water as the source of energy to produce electricity;(4)Hydrogen that is generated from one of the sources listed in this section;(5)Biomass that uses agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal and other degradable organic wastes, municipal solid waste, or landfill gas as the fuel to produce electricity;(6)Geothermal that uses energy contained in heat that continuously flows outward from the earth as the source of energy to produce electricity; and(7)Recycled energy systems that produce electricity from currently unused waste heat resulting from combustion or other processes and which do not use an additional combustion process. The term does not include any system whose primary purpose is the generation of electricity. Source: SL 2006, ch 241, §1; SL 2007, ch 271, §1; SL 2008, ch 243, §1.
SD Codified L § 49-34A-95 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-95 - Renewable energy credits for electricity authorized.

49-34A-95. Renewable energy credits for electricity authorized.The commission may establish, or allow participation in, a system of renewable energy credits for electricity generated from renewable electricity or recycled energy. A renewable energy credit system shall track, record, and verify the trading of credits for electricity generated from renewable electricity and recycled energy sources among electric generators, utilities, and other interested entities within the state and with similar entities in other states. Sections 49-34A-94 to 49-34A-96, inclusive, apply to any provider of electricity that generates electricity from renewable electricity or recycled energy. Source: SL 2006, ch 241, §2.
SD Codified L § 49-34A-96 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-96 - Promulgation of rules regarding renewable energy credit system.

49-34A-96. Promulgation of rules regarding renewable energy credit system.The commission may promulgate rules pursuant to chapter 1-26 concerning:(1)Requirements for tracking, recording, and verifying the trading of renewable energy credits;(2)Requirements for compliance with a renewable energy credit system;(3)Requirements for certification of renewable energy credits;(4)Requirements for participation in a regional system that relates to renewable energy credits; and(5)Requirements regarding the eligibility of a provider of electricity generated from renewable electricity or recycled energy to participate in the system. Source: SL 2006, ch 241, §3.
SD Codified L § 49-34A-97 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-97 - Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.

49-34A-97. Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.Notwithstanding any other provisions of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the jurisdictional capital costs and operating expenses incurred by a public utility for environmental improvements to its existing electric generation facilities. For the purposes of §§49-34A-97 to 49-34A-100, inclusive, environmental improvements include any requirements under the Clean Air Act, the Clean Water Act, or any other federal law or rule, or any state law or rule implementing a federal law or rule, or voluntary environmental measures designed to protect the environment. Source: SL 2007, ch 272, §1.
SD Codified L § 49-34A-98 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-98 - Approval, rejection, or modification of certain electric service tariffs.

49-34A-98. Approval, rejection, or modification of certain electric service tariffs.Upon filing of an application consistent with rules promulgated by the commission by any public utility providing electric service, the commission may approve, reject, or modify, after notice and opportunity for hearing, a tariff that:(1)Allows the public utility to recover on a timely basis the costs and expenses net of revenues of environmental improvements described in §49-34A-97;(2)Allows a return on investment at the level approved in the public utility's last general rate case, unless a different return is found to be consistent with the public interest;(3)Provides a current return on construction work in progress, if the recovery from retail customers for the allowance for funds used during construction is not obtained through any other mechanism;(4)Allocates project costs and expenses appropriately between wholesale and retail customers; and(5)Terminates recovery once costs and expenses have been fully recovered or have otherwise been reflected in the public utility's general rates. Source: SL 2007, ch 272, §2.
SD Codified L § 49-34A-99 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-99 - Annual rate adjustment filings for certain electric service tariffs.

49-34A-99. Annual rate adjustment filings for certain electric service tariffs.A public utility may file annual rate adjustments to be applied to customer bills paid under the tariff approved pursuant to §49-34A-98. In the utility's filing, the public utility shall provide:(1)A description of and context for the costs and expenses of environmental improvements included for recovery;(2)A schedule for implementation of applicable projects;(3)The public utility's costs and expenses for these projects;(4)A description of the public utility's efforts to ensure the lowest reasonable costs to ratepayers for the project;(5)Calculations to establish that the rate adjustment is consistent with the terms of the tariff established in §49-34A-98; and(6)Other information requested by the commission. Source: SL 2007, ch 272, §3.
SD Codified L § 49-34A-100 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-100 - Approval, rejection, or modification of annual rate adjustment.

49-34A-100. Approval, rejection, or modification of annual rate adjustment.Upon receiving filing under §49-34A-99 for a rate adjustment pursuant to the tariff established in §49-34A-98, the commission may approve, reject, or modify the annual rate adjustment after notice and opportunity for hearing. In making its decision, the commission shall consider whether the costs and expenses included for recovery through the tariff were or are expected to be prudently incurred, will achieve environmental improvements at the lowest reasonable cost to ratepayers, and will allow the public utility to recover costs consistent with its allowed return on equity. To the extent the environmental improvement may affect the following, the commission may also consider whether the environmental improvement is likely to enhance adequate utility service, rate stability, the financial stability of the public utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest. Source: SL 2007, ch 272, §4.
SD Codified L § 49-34A-101 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-101 - State renewable, recycled, and conserved energy objective established.

49-34A-101. State renewable, recycled, and conserved energy objective established.There is hereby established a state renewable, recycled, and conserved energy objective that ten percent of all electricity sold at retail within the state by the year 2015 be obtained from renewable, recycled, and conserved energy sources. In the case of renewable and recycled energy, the objective shall be measured by qualifying megawatt hours delivered at retail or by certificates representing credits purchased and retired to offset nonqualifying retail sales. In the case of conserved energy, the objective shall be measured by methods established by rules promulgated by the commission pursuant to chapter 1-26. This objective is voluntary, and there is no penalty or sanction for a retail provider of electricity that fails to meet this objective. The objective applies to each retail provider of electricity in the state, regardless of the ownership status of the electricity retailer. Any municipal or cooperative utility that receives wholesale electricity through a municipal power agency or generation and transmission cooperative may aggregate the utility's renewable, recycled, and conserved energy objective resources to meet this objective. Source: SL 2008, ch 244, §1; SL 2009, ch 241, §1.
SD Codified L § 49-34A-102 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-102 - Qualifications for meeting renewable, recycled, and conserved energy objective.

49-34A-102. Qualifications for meeting renewable, recycled, and conserved energy objective.Electricity qualifies for meeting the state renewable, recycled, and conserved energy objective if the source meets the requirements of §§49-34A-94 to 49-34A-96, inclusive, and the commission's rules for tracking, recording, and verifying renewable energy certificates. Electricity also qualifies for meeting the state renewable, recycled, and conserved energy objective if the source is conserved energy and meets the requirements established by rules promulgated by the commission pursuant to chapter 1-26. Source: SL 2008, ch 244, §2; SL 2009, ch 241, §2.
SD Codified L § 49-34A-103 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-103 - Calculation of amount of electricity from renewable, recycled, and conserved energy source.

49-34A-103. Calculation of amount of electricity from renewable, recycled, and conserved energy source.For the purpose of calculating the amount of electricity from a renewable, recycled, and conserved energy source needed to meet the state renewable and recycled energy objective, a retail provider may deduct from the provider's baseline of total retail sales the proportion of electricity obtained from a hydroelectric facility with an inservice date before July 1, 2008. Source: SL 2008, ch 244, §3; SL 2009, ch 241, §3.