SB 25 — update provisions related to the permit application process for proposed energy and transmission facilities.

26.394.1626.394.17 101st Legislative Session 25 South Dakota Legislature Senate Bill 25 SENATEENROLLED ENGROSSEDA IntroducedN by:ACT ENTITLED An Act to update provisions related to the permit application process for proposed energy and transmission facilities.

TheB ChairE ofIT theENACTED CommitteeBY onTHE CommerceLEGISLATURE andOF EnergyTHE atS theTATE requestOF ofS theOUTH PublicD UtilitiesAKOTA Commission: of the State of South Dakota An Act to update provisions related to the permit application process for proposed energy and transmission facilities.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

A notification of intent to apply for a permit for construction of an If the proposed site for an energy conversion facility or AC/DC conversion facility shall be filed with the Public Utilities Commission is located in a county that does not have a comprehensive plan or has not adopted zoning ordinances, the applicant must provide written notice of intent to apply for a permit for the construction of the facility, by certified mail, to each adjacent property owner, at least six three months before filing an the application as required in § 49-41B-11.

A prefiling conference may be requested by the applicant and such request shall be granted by the commission.

The utility shall post signs on the area where the Within thirty days after the filing of an application for a permit for the construction of a proposed energy conversion facility or AC/DC conversion facilityfacility, is proposed to be sited to notify the public.The signs shall be posted on, the applicant shall provide notice to the public by posting signs:

(1) On areas that of the proposed facility site, which are clearly visible to an ordinarily observant personperson; and shall be posted within thirty days after the filing of the notification of intent to apply for a permit for the construction of a proposed energy conversion facility or AC/DC conversion facility.

Theand signs(2) shall;That include the name and contact information of the utility and a brief description of the proposed facility.

andSection (2)3. That include the name and contact information of the utility and a brief description of the proposed energy conversion facility or AC/DC conversion facility.

Overstrikes indicate deleted language.

26.394.16 2 25 Section 3.

Within thirty days after the filing of the notification of intent to apply an application for a permit for the construction of an energy conversion facility or AC/DC conversion facility, the Public Utilities Commission commission shall designate the affected area and a local review committee composed of:

(2) The president of the board of education of each affected school district;

26.394.17 2 25 (4) The mayor of each affected municipality;

and (5) A representative of the applicant utility designated by the utilities utility.

The local review committee shall meet to assess the extent of the potential social and economic effect to be generated by effects of the proposed facility,facility to assess and the affected area's capacity to absorb those effects at various stages of construction, and to formulate mitigation measures.

The assessment of the local review committee shall committee's assessment must also include consideration of the temporary and permanent alternatives in the following areas:

Overstrikes(10) indicateRecreation; deleted language.

26.394.16 3 25 (10) Recreation;

SB25 ENROLLED 26.394.17 3 25 49-41B-8.

The A local review committee may employ such persons as determined by the Public Utilities Commission which may be required any personnel the committee determines necessary to carry out the provisions of § 49-41B-749-41B-7, andsubject to the expensesapproval of said staff shall be paid from the initialcommission. filing fee.

The commission shall furnish copies of the application to the members of the local review committee and all other information which the commission determines that the committee should receive, subject to the approval of the commission.

TheSB25 PublicENROLLED Utilities26.394.17 Commission4 may25 requireAn thatAct furtherto dataupdate beprovisions providedrelated prior to the publicpermit hearings.application process for proposed energy and transmission facilities.

TheReceived commissionat orthis applicantExecutive mayOffice alsoI requestcertify that athe prehearingattached conferenceAct beoriginated heldin priorthis to_____ aday publicof hearing_____________, whichthe: request shall be granted.

Overstrikesat indicate____________M. deleted language.

Senate as Bill No.

25 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

25 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB25 ENROLLED