permit the use of biological filtration systems in water recreational facilities located in certain lodging establishments.

26.775.10 101st Legislative Session 1299

2026 South Dakota Legislature
House Bill 1299
ENROLLED

AN ACT

ENTITLED An Act to permit the use of biological filtration systems in water
recreational facilities located in certain lodging establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 34-18:
A lodging establishment that has fifteen or fewer sleeping rooms may apply to the
department for a permit to use a biological filtration system to filter water in the
establishment's water recreational facility. Only an establishment that has been issued a
permit under this section may use a biological filtration system in a water recreational
facility. A permit issued under this section is valid for one year.
A water recreational facility that uses a biological filtration system must otherwise
meet the minimum public health and safety requirements for a water recreational facility,
established by the department pursuant to § 34-18-22.
When applying for a permit, an establishment shall submit to the department a
document that demonstrates how the proposed system meets water quality outcomes
established by the department.
A biological filtration system must be inspected by the department every year. If a
lodging establishment fails an inspection, the department must revoke the permit. An
establishment that fails an inspection may not reapply for a permit under this section for
one year.
The department shall promulgate rules pursuant to chapter 1-26 to establish:
(1) Application requirements for a permit to use a biological filtration system;
(2) Procedures for reapplying for a permit following a failed inspection;
(3) Requirements for the routine maintenance of a biological filtration system by a
lodging establishment;
(4) The permit fee, which may not exceed fifty dollars; and
(5) Water quality testing procedures for biological filtration systems.
26.775.10 2 1299
HB1299 ENROLLED
For purposes of this section, "biological filtration system" means a system that is
approved by the department and filters water using natural processes, including the use
of plants, beneficial bacteria, and microbes, and does not rely on continuous chemical
disinfectant residuals.
26.775.10 3 1299
HB1299 ENROLLED
An Act to permit the use of biological filtration systems in water recreational facilities located
in certain lodging establishments.

I certify that the attached Act originated in
the:

House as Bill No. 1299

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1299
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State