reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-6.1 - Issuance of variable rate obligations--Authorization by resolution--Scope.

49-39-6.1. Issuance of variable rate obligations--Authorization by resolution--Scope.
The issuance of variable rate obligations shall be authorized by resolution, order or ordinance of the board of directors of the district, which resolution, order or ordinance shall fix the maximum amount of obligations to be issued or, if applicable, the maximum principal amount which may be outstanding at any time, the maximum term shall be outstanding, the maximum interest rate to be borne by the obligations, the manner of sale (which may be by either public or private sale), price, form, terms, conditions and the covenants thereof. The resolution, order or ordinance authorizing the issuance of obligations may provide for the designation of a paying agent and registrar for the obligations and may authorize one or more designated officers or employees of the district to act on behalf of the district from time to time in the selling and delivering of obligations authorized and fixing the dates, price, interest rates, interest payment periods and other procedures as may be specified in the resolution, order or ordinance. Obligations may be issued in such form or such denomination, payable at such time or times, in such amount or amounts or installments, at such place or places, in such form, under such terms, conditions and details, in such manner, redeemable prior to maturity at any time or times, bearing no interest, or bearing interest at any rate or rates (either fixed, variable, floating, adjustable, or otherwise, all as determined in accordance with the resolution, order or ordinance providing for the issuance of the obligations which resolution, order or ordinance may provide a formula, index, contract or any other arrangement for the periodic determination of interest rates), not to exceed the maximum net effective interest rate allowed by law and may be signed or otherwise executed in such manner, with manual or facsimile signatures, and with or without a seal, all as shall be specified by the board of directors of the district in the resolution, order or ordinance authorizing the issuance of the obligations. The proceeds received from the sale of obligations may be deposited or invested in any manner and in such obligations as may be specified in the resolution, order, ordinance or other proceedings authorizing the obligations. If any officer or officers whose signatures are on any obligations cease to be such officer or officers before the delivery thereof to the purchaser, the signature or signatures shall nevertheless be valid and sufficient for all purposes and the successor or successors in office of any such officer or officers shall be fully authorized to complete the execution, authentication, or delivery of the obligations to the purchaser or purchasers thereof.
Source:
SL 1989, ch 403, §28.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-6.2 - Enhancement of security for variable rate obligations--Credit agreements--Payment of costs.

49-39-6.2. Enhancement of security for variable rate obligations--Credit agreements--Payment of costs.
The board of directors of the district may enter into credit agreements in conjunction with the issuance, payment, sale, resale, or exchange of obligations to enhance the security for or provide for the payment, redemption, or remarketing of the variable rate obligations and interest on the obligations or to reduce the interest payable on the obligations. The cost to the issuer of the credit agreement may be paid from the proceeds of the sale of the obligations to which the credit agreement relates or from any other source, including revenues of the district that are available for the purpose of paying the obligations and the interest on the obligations or that may otherwise be legally available to make those payments.
Source:
SL 1989, ch 403, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-7 - Agreement with bondholders respecting charges for electricity.

49-39-7. Agreement with bondholders respecting charges for electricity.
The directors of any district organized under the provisions of chapter 49-35 are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, as to the rates which such district shall charge and collect for electric energy, or other service, sold by the district.
Source:
SL 1950 (SS), ch 17, §51; SDC Supp 1960, §52.1751.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-8 - Pledging revenues to secure federal indebtedness--State not liable.

49-39-8. Pledging revenues to secure federal indebtedness--State not liable.
Nothing contained in chapters 49-35 to 49-40, inclusive, shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenues, incomes, receipts or profits to secure the payment of indebtedness to the federal government; provided, that the State of South Dakota shall never pledge its credit or funds, or any part thereof, for the payment of settlement of any indebtedness or obligation whatsoever of any district created under the provisions of chapter 49-35.
Source:
SL 1950 (SS), ch 17, §60; SDC Supp 1960, §52.1759.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-9 - Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.

49-39-9. Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control.
In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any consumers power district under this chapter, such district may agree with such purchasers or holders that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, or in the event of default in performance of any duty or obligation of such district in connection therewith, such purchasers or holders, or trustee selected by them, may take possession and control of the business and the property of the district, and proceed to operate the same, and to collect and receive the income thereof, and after paying all necessary and proper operating expenses and all other proper disbursements or liabilities made or incurred, use the surplus, if any there be, of the revenues of the district as follows:
(1)In the payment of all outstanding past-due interest on each issue of revenue debentures, notes, warrants, or other evidences of indebtedness, so far as such net revenues will go, and paying pro rata the interest due on each issue thereof when there is not enough to pay in full all of the interest; and
(2)If any sums shall remain after the payment of interest as aforesaid, then in the payment of the revenue debentures, notes, warrants, or other evidences of indebtedness, which, by the terms thereof, shall be due and payable on each outstanding issue in accordance with the terms thereof, and paying pro rata when the money available is not sufficient to pay in full.
When all legal taxes and charges, and all arrears of interest, and all matured revenue debentures, notes, warrants, or other evidences of indebtedness, have been paid in full, the control of the business and the possession of the property of the district shall then be restored to such district. The privilege herein granted shall be a continuing one as often as the occasion therefor may arise.
Source:
SL 1950 (SS), ch 17, §62; SDC Supp 1960, §52.1761.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-10 - Default on bonds--Court appointment of receiver--Authority of receiver to operate district--Discharge of receiver and return of district to control.

49-39-10. Default on bonds--Court appointment of receiver--Authority of receiver to operate district--Discharge of receiver and return of district to control.
The board of directors of any consumers power district issuing revenue debentures, notes, warrants, or other evidences of indebtedness, under this chapter, is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, issued, or in the event of default in the performance of any duty or obligation under any agreement by such district, the holder or holders of such revenue debentures, notes, warrants, or other evidences of indebtedness then outstanding shall be entitled as a matter of right, upon application to a court of competent jurisdiction, to have appointed a receiver of the business and property of the district including all tolls, rents, revenues, issues, income, receipts, profits, benefits and additions derived, received or had thereof or therefrom, with power to operate and maintain such business and property, collect, receive and apply all revenue, income and receipts arising therefrom, and prescribe rates, tolls and charges, in the same way and manner as the district might do. Whenever all defaults in the payment of principal of, and interest on, such revenue debentures, notes, warrants, or other evidences of indebtedness, and any other defaults under any agreement made by the district, shall have been made good, such receiver shall be discharged by the court and shall thereupon surrender control of the business and possession of the property in his hands to the district.
Source:
SL 1950 (SS), ch 17, §63; SDC Supp 1960, §52.1762.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-11 - Pledges of revenues and refunding securities--Validation--Retroactive application.

49-39-11. Pledges of revenues and refunding securities--Validation--Retroactive application.
Sections 49-39-2 and 49-39-4 are retroactive and are effective as to any resolution or agreement adopted by any consumers power district with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness heretofore or hereafter adopted or entered into pursuant to this chapter.
Source:
SL 1983, ch 345, §2; SL 1983, ch 346, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-2 - Hypothecation of assets permitted.

49-40-2. Hypothecation of assets permitted.
If, in order to borrow money, it shall become necessary that a consumers power district mortgage, or otherwise hypothecate, any of its said property or assets to secure the payment of a loan or loans made to it, such district is hereby authorized and empowered to do so.
Source:
SL 1950 (SS), ch 17, §59; SDC Supp 1960, §52.1758; SL 1975, ch 288.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-3 - Sale of consumers power district assets.

49-40-3. Sale of consumers power district assets.
Any consumers power district may sell any power plant, electric generating plant, electric transmission, or distribution system, or any part thereof, for any sum and upon any terms that the board of directors of the district may consider fair and reasonable.
Source:
SL 1950 (SS), ch 17, §64; SDC Supp 1960, §52.1763; SL 1983, ch 347, §1; SL 2017, ch 198, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-3.1 - Sale of assets--Retroactive application.

49-40-3.1. Sale of assets--Retroactive application.
Section 49-40-3 is retroactive and is effective as to any resolution or agreement adopted by any consumers power district.
Source:
SL 1983, ch 347, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-4 - Right of municipality to purchase portion of assets within boundaries.

49-40-4. Right of municipality to purchase portion of assets within boundaries.
Whenever any consumers district shall, as provided in chapters 49-35 to 49-40, inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be within such municipality, such acquisition shall be upon the condition that such municipality may purchase, and such district shall be required to sell to such municipality such electric distribution system, situated within or partly within such municipality, but not within the corporate limits of any other municipality, by paying to such district such sum as is fair and reasonable, including reasonable severance damages.
Source:
SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-5 - Inability to agree with municipality on price--Court determination--Basis of determination.

49-40-5. Inability to agree with municipality on price--Court determination--Basis of determination.
If any municipality and consumers power district shall fail to agree upon a price and terms for the sale of property to such municipality pursuant to §49-40-4 the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provided by chapter 21-35. In determining the amount of severance damages, the court shall take into account, together with other relevant factors, the economic effect, if any, caused by the severance therefrom of the part taken upon the system as a going concern as it will be and remain after the severance.
Source:
SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-6 - Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.

49-40-6. Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award.
When the sum that is fair and reasonable shall have been determined as provided in §49-40-5, the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liquidated, and the reserves established therefor by said district, out of the earnings from the operation of the district while such municipality was within and a part of such district, bears to the total amount of the bonded indebtedness of such district issued to finance the purchase price and the cost of construction of the entire property of such district. In entering its award the court shall show how much of the total thereof was allowed for the physical property taken and how much was allowed for other values and damages, if any.
Source:
SL 1950 (SS), ch 17, §65; SDC Supp 1960, §52.1764.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-8 - Lease or alienation of facilities within municipality.

49-40-8. Lease or alienation of facilities within municipality.
If a consumers power district is comprised of territory wholly within the corporate limits of a first or second class municipality then the district shall have power to lease or alienate the franchises, plant or physical equipment of the district to any private person, firm, association or corporation in accordance with the provisions of §§9-39-37 and 9-39-38.
Source:
SL 1950 (SS), ch 17, §69; SDC Supp 1960, §52.1768; SL 1992, ch 60, §2; SL 2017, ch 198, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-9 - Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution.

49-40-9. Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution.
Whenever a petition signed by a majority of the members of the board of directors or by twenty-five or more qualified voters of the state residing within the territorial boundaries of any district organized under and by virtue of chapter 49-35, shall be presented to the circuit court for the county where the principal place of business of the district is located, praying for the dissolution of such district, and it shall appear from the petition that such district has no property of any kind, owes no debts of any kind, that the district is not functioning, has ceased to function, and probably will not function in the future, the court shall forthwith publish a notice for two successive weeks in a legal newspaper of general circulation published in the district, or, if no legal newspaper is published in the district, then in any legal newspaper having general circulation therein, setting forth, in substance and in a clear and concise manner, the nature and prayer of the petition, and setting a time and place for a public hearing by the court upon the petition. The persons filing such petition for dissolution shall advance and pay the necessary expenses incurred.
Source:
SL 1950 (SS), ch 17, §77; SDC Supp 1960, §52.1776.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 40 - Consumers Power District Dissolution And Sale Of Assets › Section 49-40-10 - Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state.

49-40-10. Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state.
After such hearing and such independent investigation as may be deemed advisable, the court shall grant or reject the prayer of a petition filed pursuant to §49-40-9, and, if the prayer of the petition is granted, the court shall thereupon issue its order declaring the district dissolved and terminated. The order of court shall thereupon be filed in the office of the clerk of courts of the county in which the petition for dissolution is filed, and a certified copy of such order shall immediately be filed in the Office of the Secretary of State, and a certified copy shall be filed in the office of the clerk of courts of each county into which any part of the district may extend. The district shall thereupon be dissolved, and cease to exist.
Source:
SL 1950 (SS), ch 17, §77; SDC Supp 1960, §52.1776.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.

49-41B-1. Legislative findings--Necessity to require permit for facility.
The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the natural resources of the state. The Legislature also finds that by assuming permit authority, that the state must also ensure that these facilities are constructed in an orderly and timely manner so that the energy requirements of the people of the state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation of facilities will produce minimal adverse effects on the environment and upon the citizens of this state by providing that a facility may not be constructed or operated in this state without first obtaining a permit from the commission.
Source:
SL 1977, ch 390, §2; SL 2005, ch 250, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 41B - Energy Conversion And Transmission Facilities › Section 49-41B-2.1 - Transmission facility defined.

49-41B-2.1. Transmission facility defined.
For the purposes of this chapter, a transmission facility is:
(1)An electric transmission line and associated facilities with a design of more than one hundred fifteen kilovolts. However, if such a transmission line is less than two thousand six hundred forty feet, does not cross any public highway, and eminent domain is not used to obtain right of way, the transmission line is not a transmission facility for purposes of this chapter; or
(2)A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide, excluding any gas or liquid transmission lines or associated facilities which meet any of the following criteria:
(a)Lines or facilities that are used exclusively for distribution or gathering;
(b)Steel pipe and associated facilities that cannot be operated at a hoop stress of twenty percent or more of specified minimum yield strength as defined by 49 CFR 192.3 as of January 1, 2013, or plastic pipe and associated facilities that cannot be operated at a design pressure of fifty percent or more as determined by the formula specified in 49 CFR 192.121 as of January 1, 2013; or
(c)Pipe which has nominal diameter of less than four inches and not more than one mile of the entire line is constructed outside of public right-of-way.
Nothing in this section precludes a utility from applying to the commission for a permit for the construction of an electric transmission line and associated facilities with a design of one hundred fifteen kilovolts or less. For the purposes of this chapter such electric transmission line and associated facilities is a transmission facility.
Source:
SL 1994, ch 358, §1; SL 2007, ch 274, §1; SL 2009, ch 243, §2; SL 2009, ch 244, §1; SL 2010, ch 226, §2; SL 2013, ch 237, §2; SL 2017, ch 199, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.