This bill amends South Dakota law to include "hybrid facilities" as entities regulated by the Public Utilities Commission (PUC). A hybrid facility is defined as a new facility or an expansion that incorporates multiple types of generation sources and connects to the distribution or transmission system at a single point. The bill also clarifies that hybrid facilities capable of injecting 100 megawatts or more of electricity into the grid will fall under the same regulatory framework as other energy conversion facilities, which are defined as those generating 100 megawatts or more, excluding wind and solar facilities of the same capacity.

Additionally, the bill modifies existing provisions regarding eminent domain and financial security for decommissioning. It allows property owners to require utilities to take a fee interest in contiguous land outside designated rights-of-way for trans-state transmission facilities, with specific conditions for divestment of agricultural land. The bill also stipulates that financial security for the decommissioning of hybrid facilities, wind turbines, or solar energy facilities must be controlled by the PUC until released by order, ensuring that such financial arrangements are protected from claims by third-party creditors.

Statutes affected:
Introduced, 12/27/2024: 49-41B-2, 49-41B-4.4, 49-41B-39
House Commerce and Energy Engrossed, 01/24/2025: 49-41B-2, 49-41B-4.4, 49-41B-39
Enrolled, 03/06/2025: 49-41B-2, 49-41B-4.4, 49-41B-39