The bill amends existing legislation regarding the permitting process for carbon dioxide transmission facilities in South Dakota. It requires applicants to deposit a minimum fee with the Public Utilities Commission (PUC) and outlines the fee structure, which is adjusted to a maximum of one-half of one percent of the first one hundred million dollars of estimated construction costs, plus one-twentieth of one percent of any additional costs. The bill also stipulates that if an environmental impact statement (EIS) is required, the maximum fee may be increased, but it provides conditions under which a lower fee may apply if a detailed EIS has already been completed or is available to the commission prior to decision-making.

Additionally, the bill mandates that the PUC must prepare or require the preparation of an EIS for carbon dioxide transmission facility permits, ensuring that it complies with relevant environmental regulations and is made publicly accessible. It clarifies that applicants can reapply for previously denied permits within three years, with specific conditions regarding the burden of proof and the requirement for a new EIS. Overall, the bill aims to enhance environmental oversight and transparency in the permitting process for carbon dioxide transmission facilities.

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