This bill amends existing South Dakota law regarding the permitting process for carbon dioxide transmission facilities by requiring applicants to submit an environmental impact statement (EIS) to the Public Utilities Commission. Specifically, it mandates that prior to issuing a permit, the commission must prepare or require the preparation of an EIS that complies with chapter 34A-9, which must also be made publicly available on the commission's website. The bill clarifies that the provisions of chapter 34A-9 apply to any permit application for a carbon dioxide transmission facility, ensuring that environmental considerations are integrated into the permitting process.

Additionally, the bill modifies the fee structure associated with permit applications. It establishes that the maximum fee chargeable may not exceed one-half of one percent of the first one hundred million dollars of estimated construction costs, plus one-twentieth of one percent of all additional estimated construction costs. The bill also stipulates conditions under which the maximum fee may be adjusted based on the completion of a detailed environmental impact study or the availability of an EIS. Furthermore, it allows applicants to reapply for a permit previously denied within three years, with specific conditions regarding the burden of proof and the preparation of a new EIS.

Statutes affected:
Introduced, 02/05/2025: 49-41B-12, 49-41B-21, 49-41B-22.1