This bill amends existing South Dakota law to require an environmental impact statement (EIS) for certain permit applications submitted to the Public Utilities Commission, particularly for carbon dioxide transmission facilities. The amendments to Section 49-41B-12 establish that if an EIS is deemed necessary, the maximum fee for processing the application can be increased to 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 clarifies that the commission must prepare or require the preparation of an EIS for carbon dioxide transmission facilities, and it must be made publicly available on the commission's website.

Additionally, the bill modifies the reapplication process for permits previously denied, allowing applicants to reapply within three years while establishing that they only need to prove the criteria on which the original permit was denied, unless there are material changes in circumstances. The commission retains the authority to require additional proof for other criteria if necessary. Overall, the bill aims to enhance environmental oversight in the permitting process while providing a structured approach for applicants seeking to reapply for permits.

Statutes affected:
Introduced, 01/28/2026: 49-41B-12, 49-41B-21, 49-41B-22.1