South Dakota 2025 Regular Session

South Dakota Senate Bill SB108 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.440.22 100th Legislative Session 108
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4	4	2025 South Dakota Legislature
5	5	Senate Bill 108
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10	10
11	11
12	12	Introduced by: Senator Nelson
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to reduce the megawattage requirement for energy conversion facilities 1
17	17	governed by chapter 49-41B. 2
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19	Section 1. That § 49-41B-2 be AMENDED: 4
20	20	49-41B-2. Terms as used in this chapter mean: 5
21	21	(1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly 6
22	22	connected to a transmission facility or a facility that connects an AC transmission 7
23	23	facility with a DC transmission facility or vice versa; 8
24	24	(2) "Associated facilities," facilities which that include aqueducts, diversion dams, 9
25	25	transmission substations, storage ponds, reservoirs, or cooling ponds; 10
26	26	(3) "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide 11
27	27	molecules compressed in a supercritical state; 12
28	28	(4) "Commission," the Public Utilities Commission; 13
29	29	(5) "Construction," any clearing of land, excavation, or other action that would affect 14
30	30	the environment of the site for each land or rights of way upon or over which a 15
31	31	facility may be constructed or modified, but not including activities incident to 16
32	32	preliminary engineering or environmental studies. This term includes modifications 17
33	33	to facilities as defined in § 49-41B-2.2; 18
34	34	(6) "Energy conversion facility," any new facility, or facility expansion, designed for or 19
35	35	capable of generation of one hundred fifty megawatts or more of electricity, but 20
36	36	does not include any wind or solar energy facilities; 21
37	37	(7) "Facility," any energy conversion facility, AC/DC conversion facility, transmission 22
38	38	facility, solar energy facility, or wind energy facility, and associated facilities; 23
39	39	(8) "Permit," the permit issued by the commission under this chapter required for the 24
40	40	construction and operation of a facility; 25 25.440.22 2 108
41	41	Underscores indicate new language.
42	42	Overstrikes indicate deleted language.
43	43	(9) "Person," an individual, partnership, limited liability company, joint venture, 1
44	44	private or public corporation, association, firm, public service company, 2
45	45	cooperative, political subdivision, municipal corporation, government agency, 3
46	46	public utility district, or any other public or private entity, however organized; 4
47	47	(10) "Siting area," that an area within ten miles in any direction of a proposed energy 5
48	48	conversion facility, AC/DC conversion facility, or which an area that is determined 6
49	49	by the commission to be affected by a proposed energy conversion facility; 7
50	50	(11) "Trans-state transmission facility," an electric transmission line and its associated 8
51	51	facilities which that originates outside the State of South Dakota, crosses this 9
52	52	stateand, terminates outside the State of South Dakota;, and which transmission 10
53	53	line and associated facilities delivers electric power and energy of twenty-five 11
54	54	percent or less of the design capacity of such the line and facilities for use in the 12
55	55	State of South Dakota; 13
56	56	(12) "Utility," any person engaged in and controlling the generation or transmission of 14
57	57	electric energy and gas or liquid transmission facilities as defined by § 49-41B-2.1; 15
58	58	(13) "Wind energy facility," a new facility, or facility expansion, consisting of a 16
59	59	commonly managed integrated system of towers, wind turbine generators with 17
60	60	blades, power collection systems, and electric interconnection systems , that 18
61	61	converts wind movement into electricity and that is designed for or capable of 19
62	62	generation of one hundred fifty megawatts or more of electricity. A wind energy 20
63	63	facility expansion includes the addition of new wind turbines, designed for or 21
64	64	capable of generating twenty-five megawatts or more of electricity, which that are 22
65	65	to be managed in common and integrated with existing turbines and the combined 23
66	66	megawatt capability of the existing and new turbines is one hundred fifty 24
67	67	megawatts or more of electricity. The number of megawatts generated by a wind 25
68	68	energy facility is determined by adding the nameplate power generation capability 26
69	69	of each wind turbine; and 27
70	70	(14) "Solar energy facility," a new facility, or facility expansion, consisting of a 28
71	71	commonly managed integrated system of solar panels, power collection systems, 29
72	72	electric interconnection systems, and associated facilities, that converts solar 30
73	73	energy into electricity and is designed for or capable of generating one hundred 31
74	74	fifty megawatts AC or more of electricity. A facility expansion includes the addition 32
75	75	of new solar panels, designed for or capable of generating twenty-five megawatts 33
76	76	AC or more of electricity, that are to be managed in common and integrated with 34 25.440.22 3 108
77	77	Underscores indicate new language.
78	78	Overstrikes indicate deleted language.
79	79	existing solar panels, and the combined megawatt capability of the existing and 1
80	80	new solar panels is one hundred fifty megawatts AC or more of electricity. 2
81	81	Section 2. That § 49-41B-2.2 be AMENDED: 3
82	82	49-41B-2.2. For the purposes of this chapter, a facility is considered to be 4
83	83	modified if: 5
84	84	(1) A gas or liquid transmission line that did not meet the definition of a transmission 6
85	85	facility prior to building the line is to be modified in such a way that the line will 7
86	86	meet the definition of a transmission facility after the modification is complete. No 8
87	87	permit is required for steel pipe and associated facilities, as described in subsection 9
88	88	49-41B-2.1(2)(b), operating on July 1, 2010, that have been historically calculated 10
89	89	at an ongoing constant pressure of less than twenty percent of specified minimum 11
90	90	yield strength unless the pipeline operator intends to increase the ongoing constant 12
91	91	pressure to twenty percent or more. No permit is required for plastic pipe and 13
92	92	associated facilities, as described in subsection 49-41B-2.1(2)(b), operating on 14
93	93	July 1, 2010, that have been historically calculated at an ongoing constant pressure 15
94	94	of less than fifty percent of the design pressure unless the pipeline operator intends 16
95	95	to increase the ongoing constant pressure to fifty percent or more; 17
96	96	(2) An electric transmission line that does not meet the definition of a transmission 18
97	97	facility prior to building the line is to be modified in such a way that the line will 19
98	98	meet the definition of a transmission facility after the modification is complete or 20
99	99	the nameplate carrying capacity of an electric transmission facility is to be 21
100	100	increased by an additional twenty kilovolts or greater; or 22
101	101	(3) The nameplate generating capacity of an energy conversion facility is to be 23
102	102	increased by a net additional one hundred fifty megawatts or greater. 24