South Dakota Senate Bill SB174

South Dakota 2023 Regular Session

• Introduced: 1/30/23
• Refer: 1/30/23
• Report Pass: 2/15/23
• Engrossed: 2/21/23
• Refer: 2/22/23
• Report Pass: 3/1/23
• Enrolled: 3/6/23
• Passed: 3/27/23

Caption

Prohibit the enactment or implementation of an ordinance, resolution, or policy that prohibits the use of an energy utility service.

Impact

The implementation of SB174 could significantly affect local governance in South Dakota. By restricting local governments from regulating or prohibiting energy utilities, the bill may limit the ability of communities to address specific local concerns, such as environmental impact or service availability. Moreover, this legislation aligns state energy policies more closely and prevents local regulations from creating a patchwork that could complicate energy management. Proponents contend that this will enhance energy security and reliability for consumers across the state.

Summary

Senate Bill 174 aims to prohibit local governmental units from enacting or implementing any ordinances, resolutions, or policies that would prohibit the use, production, or transportation of energy utility services, specifically natural gas and propane. The bill establishes a clear prohibition on local regulations that conflict with state laws regarding energy utility services, thereby reinforcing the state's authority over energy matters and limiting the ability of local governments to impose restrictions on these utilities. Supporters of the bill argue that it provides necessary protections for energy services, potentially preventing disruptions in service and ensuring that all residents have access to essential energy supplies.

Sentiment

The sentiment around SB174 appears to be generally supportive among lawmakers aligned with the energy sector, highlighting its importance for maintaining energy accessibility and reliability. However, there may be concerns among local officials and advocacy groups regarding the erosion of local control over energy policies, which could provoke pushback from communities that prefer to manage their own energy resources and policies. These differing viewpoints represent a broader tension between state and local governance.

Contention

Notable points of contention include the balance of state versus local authority and the implications for environmental and community standards. While supporters advocate for a uniform approach to energy services that ensures no community can unilaterally cut off access to these essential utilities, critics may argue that this undermines local democracy and fails to consider unique local issues related to energy consumption and sustainability. The bill's passage underscores ongoing debates about regulatory authority and the implications for local governance in South Dakota.