Bill > HB1173

This bill amends existing South Dakota law to require certain applicants seeking permits from the Public Utilities Commission (PUC) to prepare and pay for an environmental impact statement, which is a detailed study of the potential environmental effects of a proposed project. Specifically, applicants for carbon dioxide transmission facilities will be required to prepare such a statement, while the PUC may require it for other types of projects. The bill clarifies that applicants are responsible for the costs associated with these statements, which must be submitted to the PUC at least thirty days before a decision is made and published online. However, if a comprehensive environmental impact study has already been completed under federal law (the National Environmental Policy Act of 1969, or NEPA) and is available to the PUC in a timely manner, a separate state-level environmental impact statement may not be required. The bill also makes changes to the process for reapplying for a previously denied permit, clarifying the applicant's burden of proof and stating that the PUC may not require an additional environmental impact statement in most reapplication scenarios.

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https://sdlegislature.gov/#/Session/Bill/27024