South Dakota 2025 Regular Session

South Dakota House Bill HB1021 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.204.25 100th Legislative Session 1021
	1	+	25.204.24 100th Legislative Session 1021
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1021
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to modify the annual fee for concentrated animal feeding
12		-	operations and to establish an application fee.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That a NEW SECTION be added to chapter 34A-2:
15		-	In addition to any other tax or fee levied by law, there is hereby imposed on any
16		-	concentrated animal feeding operation or any operation that processes or stores manure
17		-	or process wastewater and is required to operate under a water pollution control permit
18		-	pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in this section and
19		-	section 2.
20		-	In the case of an operation with a water pollution control permit that includes a
21		-	nutrient management plan, other than a livestock auction, an operation located outside of
22		-	this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April
23		-	21, 2020), the fee is based on the maximum permitted number of animals and is as
24		-	follows:
25		-	(1) $0.172 per mature dairy cow, milked or dry;
26		-	(2) $0.12 per other cattle or bison;
27		-	(3) $0.24 per horse;
28		-	(4) $0.012 per weaned swine less than fifty-five pounds;
29		-	(5) $0.048 per swine equal to or greater than fifty-five pounds;
30		-	(6) $0.012 per sheep or weaned lamb;
31		-	(7) $0.0022 per turkey;
32		-	(8) $0.0011 per chicken; and
33		-	(9) $0.004 per duck or goose.
34		-	Section 2. That a NEW SECTION be added to chapter 34A-2: 25.204.25 2 1021
35		-	HB1021 ENROLLED
36		-	The annual fee for a permitted livestock auction or an operation required to obtain
37		-	a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is
38		-	one thousand dollars.
39		-	The annual fee for a permitted large concentrated animal feeding operation that is
40		-	located in another state or in Indian country and that stockpiles or applies unmanipulated
41		-	manure or process wastewater on land under the jurisdiction of this state, is two hundred
42		-	fifty dollars.
43		-	An annual fee required by sections 1 and 2 of this Act accrues on July first of each
44		-	year. No later than August first of each year, the Department of Agriculture and Natural
45		-	Resources shall submit a bill to each person obligated to pay the fee. The fee is due and
46		-	payable no later than September thirtieth and must be remitted to the department.
47		-	Section 3. That a NEW SECTION be added to chapter 34A-2:
48		-	The concentrated animal feeding operation administrative subfund is established
49		-	within the environment and natural resources fee fund, as created in § 1-41-23.
50		-	The subfund consists of moneys from public and private sources, including
51		-	legislative appropriations, federal grants, gifts, and fees received pursuant to sections 1,
52		-	2, and 4 of this Act. The Department of Agriculture and Natural Resources shall maintain
53		-	the subfund separately to defray expenses associated with administering the concentrated
54		-	animal feeding operation program. Expenditures from the subfund are appropriated by
55		-	the Legislature through the normal budget process. Unexpended funds and interest remain
56		-	in the subfund until appropriated by the Legislature.
57		-	Section 4. That a NEW SECTION be added to chapter 34A-2:
58		-	In addition to any other tax or fee levied by law, there is hereby imposed a water
59		-	pollution control permit application fee of six hundred dollars on an operation that is
60		-	required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3. The
61		-	fee is applicable for each submission to the Department of Agriculture and Natural
62		-	Resources of one or more of the following:
63		-	(1) An application for a new operation;
64		-	(2) An application to increase the maximum animal numbers at an operation;
65		-	(3) An application to increase the manure or process wastewater containment
66		-	structure volume at an operation;
67		-	(4) A second or any subsequent application, submitted in a calendar year, adding land
68		-	application fields to the permit of an operation; 25.204.25 3 1021
69		-	HB1021 ENROLLED
70		-	(5) An application submitted for an individual permit; or
71		-	(6) An application for coverage under a general permit submitted after July 1, 2027.
72		-	The fee does not apply to as-built plans.
73		-	The person filing the application for the water pollution control permit shall submit
74		-	the fee with the application. The department shall deposit the fee in the concentrated
75		-	animal feeding operation administrative subfund, as established in section 3 of this Act.
76		-	Section 5. That § 34A-2-125 be REPEALED. 25.204.25 4 1021
77		-	HB1021 ENROLLED
78		-	An Act to modify the annual fee for concentrated animal feeding operations and to establish
79		-	an application fee.
80		-
81		-
82		-
83		-
84		-	I certify that the attached Act originated in
85		-	the:
86		-
87		-	House as Bill No. 1021
88		-
89		-
90		-
91		-	Chief Clerk
92		-
93		-
94		-
95		-
96		-	Speaker of the House
97		-
98		-	Attest:
99		-
100		-
101		-
102		-
103		-	Chief Clerk
104		-
105		-
106		-
107		-
108		-	President of the Senate
109		-
110		-	Attest:
	6	+	HOUSE AGRICULTURE AND NATURAL RESOURCES ENGROSSED
111	7
112	8
113	9
114	10
115	11
116		-	Secretary of the Senate
	12	+	Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Agriculture
	13	+	and Natural Resources
117	14
118		-
119		-
120		-	House Bill No. 1021
121		-	File No. ____
122		-	Chapter No. ______
123		-
124		-
125		-
126		-	Received at this Executive Office
127		-	this _____ day of _____________,
128		-
129		-	2025 at ____________M.
130		-
131		-
132		-
133		-	By
134		-	for the Governor
135		-
136		-
137		-	The attached Act is hereby
138		-	approved this ________ day of
139		-	______________, A.D., 2025
140		-
141		-
142		-
143		-
144		-
145		-	Governor
146		-
147		-	STATE OF SOUTH DAKOTA ,
148		-	ss.
149		-	Office of the Secretary of State
150		-
151		-
152		-	Filed ____________, 2025
153		-	at _________ o'clock __M.
154		-
155		-
156		-
157		-
158		-
159		-	Secretary of State
160		-
161		-
162		-
163		-	By
164		-	Asst. Secretary of State
165		-
166		-
	15	+	Underscores indicate new language.
	16	+	Overstrikes indicate deleted language.
	17	+	An Act to modify the annual fee for concentrated animal feeding operations and to 1
	18	+	establish an application fee. 2
	19	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	20	+	Section 1. That a NEW SECTION be added to chapter 34A-2: 4
	21	+	In addition to any other tax or fee levied by law, there is hereby imposed on any 5
	22	+	concentrated animal feeding operation or any operation that processes or stores manure 6
	23	+	or process wastewater and is required to operate under a water pollution control permit 7
	24	+	pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in this section and 8
	25	+	section 2. 9
	26	+	In the case of an operation with a water pollution control permit that includes a 10
	27	+	nutrient management plan, other than a livestock auction, an operation located outside of 11
	28	+	this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April 12
	29	+	21, 2020), the fee is based on the maximum permitted number of animals and is as 13
	30	+	follows: 14
	31	+	(1) $0.172 per mature dairy cow, milked or dry; 15
	32	+	(2) $0.12 per other cattle or bison; 16
	33	+	(3) $0.24 per horse; 17
	34	+	(4) $0.012 per weaned swine less than fifty-five pounds; 18
	35	+	(5) $0.048 per swine equal to or greater than fifty-five pounds; 19
	36	+	(6) $0.012 per sheep or weaned lamb; 20
	37	+	(7) $0.0022 per turkey; 21
	38	+	(8) $0.0011 per chicken; and 22
	39	+	(9) $0.004 per duck or goose. 23
	40	+	Section 2. That a NEW SECTION be added to chapter 34A-2: 24 25.204.24 2 1021
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	The annual fee for a permitted livestock auction or an operation required to obtain 1
	44	+	a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is 2
	45	+	one thousand dollars. 3
	46	+	The annual fee for a permitted large concentrated animal feeding operation that is 4
	47	+	located in another state or in Indian country and that stockpiles or applies unmanipulated 5
	48	+	manure or process wastewater on land under the jurisdiction of this state, is two hundred 6
	49	+	fifty dollars. 7
	50	+	An annual fee required by sections 1 and 2 accrues on July first of each year. No 8
	51	+	later than August first of each year, the Department of Agriculture and Natural Resources 9
	52	+	shall submit a bill to each person obligated to pay the fee. The fee is due and payable no 10
	53	+	later than September thirtieth and must be remitted to the department. 11
	54	+	Section 3. That a NEW SECTION be added to chapter 34A-2: 12
	55	+	The concentrated animal feeding operation administrative subfund is established 13
	56	+	within the environment and natural resources fee fund, as created in § 1-41-23. 14
	57	+	The subfund consists of moneys from public and private sources, including 15
	58	+	legislative appropriations, federal grants, gifts, and fees received pursuant to sections 1, 16
	59	+	2, and 4 of this Act. The Department of Agriculture and Natural Resources shall maintain 17
	60	+	the subfund separately to defray expenses associated with administering the concentrated 18
	61	+	animal feeding operation program. Expenditures from the subfund are appropriated by 19
	62	+	the Legislature through the normal budget process. Unexpended funds and interest remain 20
	63	+	in the subfund until appropriated by the Legislature. 21
	64	+	Section 4. That a NEW SECTION be added to chapter 34A-2: 22
	65	+	In addition to any other tax or fee levied by law, there is hereby imposed a water 23
	66	+	pollution control permit application fee of six hundred dollars on an operation that is 24
	67	+	required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3. The 25
	68	+	fee is applicable for each submission to the Department of Agriculture and Natural 26
	69	+	Resources of one or more of the following: 27
	70	+	(1) An application for a new operation; 28
	71	+	(2) An application to increase the maximum animal numbers at an operation; 29
	72	+	(3) An application to increase the manure or process wastewater containment 30
	73	+	structure volume at an operation; 31
	74	+	(4) A second or any subsequent application, submitted in a calendar year, adding land 32
	75	+	application fields to the permit of an operation; 33 25.204.24 3 1021
	76	+	Underscores indicate new language.
	77	+	Overstrikes indicate deleted language.
	78	+	(5) An application submitted for an individual permit; or 1
	79	+	(6) An application for coverage under a general permit submitted after July 1, 2027. 2
	80	+	The fee does not apply to as-built plans. 3
	81	+	The person filing the application for the water pollution control permit shall submit 4
	82	+	the fee with the application. The department shall deposit the fee in the concentrated 5
	83	+	animal feeding operation administrative subfund, as established in section 3 of this Act. 6
	84	+	Section 5. That § 34A-2-125 be REPEALED. 7
	85	+	In addition to any other tax or fee levied by law, and notwithstanding the provisions 8
	86	+	of § 34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding 9
	87	+	operations that are required to operate under a general or individual water pollution 10
	88	+	control permit issued under chapter 34A-2 or required to obtain approval of plans and 11
	89	+	specifications submitted after July 1, 1997, pursuant to § 34A-2-27. The fee is two 12
	90	+	hundred fifty dollars for operations with two thousand or more animal units, one hundred 13
	91	+	seventy-five dollars for operations with one thousand to one thousand nine hundred 14
	92	+	ninety-nine animal units, and one hundred dollars for operations with less than one 15
	93	+	thousand animal units. The obligation to pay the fee is on the person filing the application 16
	94	+	for the water pollution control permit or the person required to obtain plans and 17
	95	+	specifications approval and accrues on July first of each year. By August first of each year, 18
	96	+	the Department of Agriculture and Natural Resources shall submit a billing to each person 19
	97	+	obligated to pay the fee. The fee is due and payable by September thirtieth and shall be 20
	98	+	remitted to the Department of Agriculture and Natural Resources. 21
	99	+	There is hereby established in the environment and natural resources fee fund 22
	100	+	established in § 1-41-23 the concentrated animal feeding operation administrative 23
	101	+	subfund. The subfund consists of moneys from public and private sources including 24
	102	+	legislative appropriations, federal grants, gifts, and fees received pursuant to this section. 25
	103	+	The subfund shall be maintained separately and be administered by the Department of 26
	104	+	Agriculture and Natural Resources in order to defray the expenses associated with 27
	105	+	administering the concentrated animal feeding operation program. Expenditures from the 28
	106	+	subfund shall be appropriated through the normal budget process. Unexpended funds and 29
	107	+	interest shall remain in the subfund until appropriated by the Legislature. 30