reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-74 - Approval of phase in rate plan--Conditions.

49-34A-74. Approval of phase in rate plan--Conditions.
The commission may approve a phase in rate plan as provided in §49-34A-73 if:
(1)The electric utility makes application for a phase in rate plan prior to the commencement of or during construction, or prior to acquisition of the plant additions;
(2)The electric utility files with the application a full cost of service analysis as required for general rate increases including a projection of costs and revenue requirements to the date of the anticipated commercial operation of the plant additions or through the term of the new power purchases;
(3)The commission affords an opportunity for a hearing with notice given as required for any rate increase; and
(4)The commission finds that the phase in rate plan is likely to enhance adequate utility service, rate stability, the financial stability of the electric utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest.
Source:
SL 1992, ch 331, §2; SL 2012, ch 230, §3; SL 2015, ch 233, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-75 - Review of reasonableness of rates under phase in rate plan--Adjustment.

49-34A-75. Review of reasonableness of rates under phase in rate plan--Adjustment.
At any time prior to one year after the conclusion of a phase in rate plan, the commission, upon its own motion or upon petition of the electric utility, may examine the reasonableness of the utility's rates under the plan, and adjust rates as necessary. Any phase in rate plan is subject to annual review. The electric utility shall file annually an abbreviated cost of service analysis showing that year's revenues, costs and revenue requirements, and a report of the progress of the construction or acquisition of the plant additions showing accumulative construction or acquisition costs for the year and updated cost projections to complete the plant additions.
Source:
SL 1992, ch 331, §3; SL 2012, ch 230, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-76 - Filing of general rate case after end of phase in rate plan--Exception.

49-34A-76. Filing of general rate case after end of phase in rate plan--Exception.
Within twelve months after the end of the phase in rate plan, the electric utility shall file a general rate case with a full cost of service analysis including the plant additions, unless, upon motion, the commission determines that a general rate case would not be likely to result in material changes to the rates in place under the phase in rate plan, in which event the rates under the phase in rate plan will remain in effect until changed by further order of the commission.
Source:
SL 1992, ch 331, §4; SL 2012, ch 230, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-77 - Filing fee for phase in rate plan.

49-34A-77. Filing fee for phase in rate plan.
Upon filing an application for a phase in rate plan, the electric utility shall pay a filing fee to be determined by the commission in an amount not to exceed two hundred fifty thousand dollars. The filing fee may also be used for any annual reviews pursuant to §49-34A-75.
Source:
SL 1992, ch 331, §5; SL 1994, ch 352, §11; SL 2012, ch 230, §6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-104 - Evaluation of use as reasonable and cost effective.

49-34A-104. Evaluation of use as reasonable and cost effective.
Before using new renewable, recycled, and conserved energy after July 1, 2008, to meet the objective, the retail provider or the provider's generation supplier shall make an evaluation to determine if the use of new renewable, recycled, and conserved energy is reasonable and cost effective considering other electricity alternatives. After making such an evaluation and considering the state renewable, recycled, and conserved energy objective, the retail provider or the provider's generation supplier may use the electricity alternative that best meets the provider's resource or customer needs.
Source:
SL 2008, ch 244, §4; SL 2009, ch 241, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-105 - Annual reports concerning renewable, recycled, and conserved energy objective.

49-34A-105. Annual reports concerning renewable, recycled, and conserved energy objective.
Beginning on July 1, 2009, each retail provider shall annually report to the commission on the provider's energy sales during the twelve month period ending on the preceding December thirty-first. This report shall include information regarding qualifying electricity delivered and renewable and recycled energy certificates purchased and retired as a percentage of annual retail sales, the amount of conserved energy as a percentage of annual retail sales, and a brief narrative report that describes steps taken to meet the state renewable, recycled, and conserved energy objective over time and identifies any challenges or barriers encountered in meeting the objective. The last annual report shall be made on July 1, 2017. The commission shall make the data and narrative reports available and accessible to the public on the internet. The commission shall compile the data obtained from the reports and submit the data to the Legislature by the following January first. A distribution cooperative may aggregate the cooperative's reporting through generation and transmission cooperatives and a municipal utility may aggregate the utility's reporting through a municipal power agency.
Source:
SL 2008, ch 244, §5; SL 2009, ch 241, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-106 - Purchase and retirement of renewable energy and recycled energy credits.

49-34A-106. Purchase and retirement of renewable energy and recycled energy credits.
A portion or all of the renewable energy and recycled energy objective may be met by the purchase and retirement of renewable energy and recycled energy certificates representing credits from a qualified source and facility pursuant to §§49-34A-101 to 49-34A-106, inclusive. Renewable energy and recycled energy certificates do not need to be acquired from an in-state facility.
Source:
SL 2008, ch 244, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-107 - Separation and protection of assets of gas and electric utilities.

49-34A-107. Separation and protection of assets of gas and electric utilities.
Unless the commission otherwise orders:
(1)A public utility shall hold all owned or operated public utility assets in one or more legal entities separate and segregated from the legal entities of any nonutility subsidiaries or affiliates;
(2)All secured debt of a public utility may be used only for public utility purposes. If more than twenty percent of a public utility's secured assets are divested, the debt shall follow the assets or be retired in the same proportion as the divested assets; and
(3)No public utility may extend credit to any of its nonutility subsidiaries or affiliates, pledge the assets of the public utility as collateral for the use or benefit of any of its nonutility subsidiaries or affiliates, or guarantee any debt or obligations of any of its nonutility subsidiaries or affiliates.
Any public utility which does not comply with the provisions of this section shall have two years within which to become compliant. Notwithstanding any provision of this section, after notice and opportunity for hearing, the commission may grant a waiver of any provision of this section if the commission finds a waiver would not pose an undue risk to the operation of the public utility and is in the public interest.
Source:
SL 2008, ch 245, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-108 - Electric utility to file rates for purchases of electricity produced by small renewable power facilities.

49-34A-108. Electric utility to file rates for purchases of electricity produced by small renewable power facilities.
Each electric utility shall file with the commission the electric utility's minimum rates for purchases of electricity generated from renewable resources, as defined by §49-34A-94, and produced by a small renewable power facility that has a capacity of one hundred kilowatts or less. Except for a public utility's standard avoided cost rates set pursuant to the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2010, a rate filed under this section is not subject to commission approval.
Source:
SL 2010, ch 224, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-109 - Definitions.

49-34A-109. Definitions.
Terms used in §§49-7A-15, 43-13-25, and 49-34A-109 to 49-34A-111, inclusive, mean:
(1)"Farm tap," a natural gas piping connection to an interstate or intrastate transmission pipeline, that is made available to a farm tap customer;
(2)"Farm tap customer," a person who receives natural gas through a farm tap distribution system;
(3)"Farm tap distribution system," a customer owned pipeline system that extends from an interstate or intrastate transmission pipeline to deliver natural gas to a farm tap customer; and
(4)"Farm tap service provider," any third party provider of farm tap distribution system services to:
(a)A farm tap customer; or
(b)An interstate or intrastate natural gas transmission pipeline holding one or more farm tap easements.
Source:
SL 2017, ch 197, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-110 - Responsibility for safety and reliability of farm tap distribution system.

49-34A-110. Responsibility for safety and reliability of farm tap distribution system.
The farm tap customer is responsible for the safety and reliability of the farm tap distribution system, unless the farm tap customer has contracted with or transferred ownership of his farm tap distribution system to a farm tap service provider pursuant to a written agreement which expressly transfers the responsibility for the safety and reliability of the farm tap distribution system to the farm tap service provider.
Source:
SL 2017, ch 197, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-111 - Liability of farm tap service provider.

49-34A-111. Liability of farm tap service provider.
The farm tap service provider is not liable for damages related to or arising out of a farm tap or a farm tap distribution system, unless the damages are solely caused by the negligence of the farm tap service provider.
Source:
SL 2017, ch 197, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-116 - Electric vehicle charging station--Electric utility--Exception.

49-34A-116. Electric vehicle charging station--Electric utility--Exception.
A person that owns or operates an electric vehicle charging station to resell or provide electricity to the public exclusively for electric vehicle charging is not an electric utility if the person has purchased the electricity from an electric utility that is engaging in the retail sale of electricity within the utility's assigned service area.
Source: SL 2022, ch 171, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-3 - Pipeline safety inspection program created--Compliance program.

49-34B-3. Pipeline safety inspection program created--Compliance program.
There is created a pipeline safety inspection program. The federal safety standards adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended to January 1, 2023, are adopted as minimum safety standards for this chapter. The commission shall establish and implement a compliance program to enforce these safety standards. The program shall be established and implemented in a manner that fully complies with requirements for state certification under the United States Code, title 49, section 60105, as amended to January 1, 2023.
Source: SL 1994, ch 357, §2; SL 1995, ch 264, §2; SL 1997, ch 268, §2; SL 1999, ch 230, §2; SL 2001, ch 258, §2; SL 2003, ch 240, §2; SL 2005, ch 247, §2; SL 2007, ch 273, §3; SL 2009, ch 242, §3; SL 2010, ch 225, §3; SL 2011, ch 210, §3; SL 2012, ch 231, §3; SL 2016, ch 226, §3; SL 2019, ch 199, §2; SL 2021, ch 201, §1; SL 2023, ch 158, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-4 - Promulgation of safety standards--Considerations.

49-34B-4. Promulgation of safety standards--Considerations.
The commission may, by rules promulgated pursuant to chapter 1-26, establish safety standards, but not more stringent than federal safety standards as provided by §49-34B-3, for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:
(1)Relevant available pipeline safety data;
(2)Whether the standards are appropriate for the particular type of pipeline transportation of gas;
(3)The reasonableness of any proposed standards;
(4)The extent to which the standard will contribute to public safety; and
(5)The existing standards established by the secretary of the United States Department of Transportation pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023.
Source: SL 1994, ch 357, §3; SL 1995, ch 264, §3; SL 1997, ch 268, §3; SL 1999, ch 230, §3; SL 2001, ch 258, §3; SL 2003, ch 240, §3; SL 2005, ch 247, §3; SL 2007, ch 273, §4; SL 2009, ch 242, §4; SL 2010, ch 225, §4; SL 2011, ch 210, §4; SL 2012, ch 231, §4; SL 2016, ch 226, §4; SL 2019, ch 199, §3; SL 2021, ch 201, §2; SL 2023, ch 158, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-5 - Noncompliance--Hearing--Corrective action.

49-34B-5. Noncompliance--Hearing--Corrective action.
Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If the commission finds, after notice and opportunity for hearing, that a person has failed to comply with any applicable safety standard, the commission may order the person to take necessary corrective action to comply with the standard. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. The commission may issue an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life, health, environment, or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order.
Source:
SL 1994, ch 357, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-6 - Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.

49-34B-6. Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.
The commission may require any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities subject to the provisions of this chapter to file with the commission a plan for inspection and maintenance of each such facility owned or operated by the person, and any changes in the plan, in accordance with the rules promulgated by the commission pursuant to chapter 1-26. On finding that the plan is inadequate to achieve safe operation, the commission shall, after notice and opportunity for a hearing, require the plan to be revised. In determining the adequacy of the plan, the commission shall consider:
(1)Relevant available pipeline safety data;
(2)Whether the plan is appropriate for the particular type of pipeline transportation of gas;
(3)The reasonableness of the plan; and
(4)The extent to which the plan will contribute to public safety.
Source:
SL 1994, ch 357, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-7 - Required records and information--Inspection by employee or agent of commission.

49-34B-7. Required records and information--Inspection by employee or agent of commission.
Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall establish, maintain, and provide such records, reports, and information as the commission may require to determine whether the person has complied with the provisions of this chapter and the standards established under this chapter. Any such person shall, upon request of an employee or agent authorized by the commission, permit the employee or agent to inspect facilities, books, papers, records, and documents relevant to determining whether the person has complied with this chapter and the standards established pursuant to this chapter. Any employee or agent of the commission, upon presenting appropriate credentials to the individual in charge, may enter upon and inspect gas pipeline facilities at reasonable times and in a reasonable manner.
Source:
SL 1994, ch 357, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-8 - Programs for prevention of damage.

49-34B-8. Programs for prevention of damage.
The commission shall encourage and promote programs designed to prevent damage to natural gas pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity.
Source:
SL 1994, ch 357, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-9 - Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.

49-34B-9. Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.
From each pipeline operator subject to the intrastate pipeline inspection authority under this chapter, the commission shall assess and collect an inspection fee in an amount calculated according to §49-34B-10. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of inspection fees. The inspection fee shall be assessed annually. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account which is hereby established in the state treasury. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.
Source:
SL 1994, ch 357, §8; SL 2007, ch 273, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-10 - Calculating inspection fee for intrastate operators.

49-34B-10. Calculating inspection fee for intrastate operators.
For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to intrastate gas distribution facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the number of meters in service on the preceding December thirty-first. For all expenses not directly attributable to intrastate gas transmission and gathering facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator. For all expenses not directly attributable to intrastate liquefied petroleum gas facilities, the commission shall assess each pipeline operator for a pro rata share of expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator, until the commission adopts a rule providing for metered billing of facilities carrying liquefied petroleum gas.
Source:
SL 1994, ch 357, §9; SL 2007, ch 273, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34B - Pipeline Safety › Section 49-34B-11 - Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.

49-34B-11. Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.
An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of meters or miles of line, whichever is applicable, which are in service on December 31, 1993. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of the initial inspection fee. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account established in §49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.
Source:
SL 1994, ch 357, §10.