Revise and clarify notice and hearing procedures of the Public Utilities Commission.
Impact
One of the significant amendments includes establishing a timeline within which the Public Utilities Commission must act on permit applications. This stipulates that, for uncontested cases, the commission will make findings regarding permit decisions within twelve months, and for contested cases, an evidentiary hearing must commence within the same timeframe. This structure is designed to expedite the application review process while ensuring stakeholders have opportunities for input.
Summary
Senate Bill 211 aims to revise and clarify the notice and hearing procedures of the Public Utilities Commission in South Dakota. This bill introduces amendments aimed at improving the notification process for landowners when construction of energy conversion or transmission facilities is proposed near their property. The bill mandates that applicants must provide written notice to affected landowners within a specified distance and includes requirements for both certified mail and detailed descriptions of the proposed facility, enhancing transparency in the permitting process.
Contention
A notable point of contention in discussions around SB211 involves the balance between state regulatory authority and local control. The bill allows permits for the construction of transmission facilities to supersede local land-use and zoning regulations if the Public Utilities Commission finds local rules too restrictive. Critics argue this could undermine municipal governance and local input on infrastructure developments, raising concerns about community autonomy in land use decisions. Proponents, however, argue that such measures are necessary to streamline regulatory processes and support the construction of needed infrastructure.
Provide new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
Permit the appointment of a circuit court judge or Supreme Court justice as a member of the Public Utilities Commission in place of a disqualified or incapacitated commissioner.