HB 1173 — require certain applicants that seek a permit from the Public Utilities Commission of the State of South Dakota to prepare and pay for an environmental impact statement.

26.725.1426.725.15 101st Legislative Session 1173 South Dakota Legislature House Bill 1173 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by:

Representative Hughes An Act to require an environmental impact statement when certain applicants that seek a permit from the Public Utilities Commission of the State of South Dakota.Dakota to prepare and pay for an environmental impact statement.

The amount must be deposited with the state treasurer and credited to a subfund within the designated revenue regulatory assessment fee fund and may only be disbursed on vouchers approved by the commission for the actual cost of investigating, reviewing, processing, and serving notice of the application.

ExpendituresExcept fromas otherwise agreed to by an applicant, the revenuemaximum fundfee mustchargeable bemay budgetednot inexceed one-quarter of one percent of the generalfirst appropriationone bill.hundred million dollars of estimated construction cost plus one- twentieth of one percent of all additional estimated construction costs of the facility.

Except as otherwise provided in this section or agreed to by an applicant, the maximum fee chargeable may not exceed one-quarter of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility.

26.725.1426.725.15 2 1173 If the commission determines that an environmental impact statement should be prepared as provided under chapter 34A-9 is required before taking final action on an application under this chapter, the maximum fee chargeable above may be increased to an amount not to exceed one-half of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility.

However, the The provisions of this paragraph do not apply in cases in which if a detailed environment impact study has been completed pursuant to complying with the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2009, and implementing regulations thereto if such a statement is,is 42available U.S.C.to the commission at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25.

§ 4321 (January 1, 2025), or an environmental impact statement complying with the requirements of chapter 34A-9, has been completed and made available to the commission at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25.

Prior to the issuance of a permitpermit, for a carbon dioxide transmission facility, as defined in § 49-41B-2, the commission shallmay prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-934A-9. and is made available to the public on the commission website.

InExcept allas otherotherwise cases,provided thein commissionthis maysection, preparean orapplicant requireseeking thea preparationpermit ofunder anthis environmentalchapter impactfor statementa thatcarbon compliesdioxide withtransmission thefacility, provisionsas ofdescribed chapterin 34A-9.§ 49-41B-2.1, shall prepare an environmental impact statement.

SectionIn 3.all other cases, the commission may require an applicant to prepare an environmental impact statement.

The environmental impact statement must:

(1) Be paid for by the applicant;

(2) Include the contents required in subdivisions 34A-9-7(1) to (7), inclusive;

(3) Be submitted to the commission at least thirty days prior to the time the commission is required to render a decision pursuant § 49-41B-24 or 49-41B-25;

and (4) Be published on the commission website.

The commission may not require an environmental impact statement if a detailed environmental impact study complying with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C.

§ 4321 (January 1, 2026), has been completed and made available to the commission at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25.

Overstrikes indicate deleted language.

26.725.15 3 1173 Section 3.

The commission may require the applicant to meet its the burden of proof as to any other criteria, upon a specific finding by the commission of Overstrikesa indicatematerial deletedchange language.in the circumstances regarding those criteria, but the Public Utilities Commission shall commission may not, in any event, prepare or require the preparation of an additional environmental impact statement.

26.725.14 3 1173 a material change in the circumstances regarding those criteria, but the Public Utilities Commission shall commission may not, in any event, prepare or require the preparation of an additional environmental impact statement.