This bill amends existing South Dakota law regarding the requirements for applicants seeking permits from the Public Utilities Commission. It mandates that applicants for carbon dioxide transmission facilities must prepare and pay for an environmental impact statement (EIS), while the commission retains the authority to require an EIS for other types of applications. The bill specifies that the EIS must be submitted at least thirty days before the commission's decision deadline and must include certain required contents. Additionally, the commission cannot require an EIS if a detailed environmental impact study compliant with the National Environmental Policy Act has been completed and provided to the commission in a timely manner.

The bill also modifies the fee structure associated with permit applications. It removes the previous provision that allowed the commission to increase fees if an EIS was required and instead establishes a clear fee framework based on the estimated construction costs. Furthermore, it clarifies the reapplication process for applicants whose permits have been denied, allowing them to reapply within three years while placing the burden of proof on them to address the reasons for the original denial. The commission may still require additional proof if there are material changes in circumstances.

Statutes affected:
Introduced, 01/28/2026: 49-41B-12, 49-41B-21, 49-41B-22.1
House Commerce and Energy Engrossed, 02/11/2026: 49-41B-12, 49-41B-21, 49-41B-22.1