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26.564.9 101st Legislative Session 193
2026 South Dakota Legislature
Senate Bill 193
Introduced by: Senator Crabtree
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify the definition of backup electric generation. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 49-41B-2 be AMENDED: 3
49-41B-2. Terms as used in this chapter mean: 4
(1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly 5
connected to a transmission facility or a facility that connects an AC transmission 6
facility with a DC transmission facility, or vice versa; 7
(2) "Associated facilities," aqueducts, cooling ponds, diversion dams, reservoirs, 8
storage ponds, or transmission substations, storage ponds, reservoirs, or cooling 9
ponds; 10
(3) "Backup electric generation," electric generation that is not interconnected with the 11
grid and is generated on a temporary basis to replace primary source electric 12
generation when the primary source is unavailable; 13
(4) "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide 14
molecules compressed in a supercritical state; 15
(4)(5) "Commission," the Public Utilities Commission of the State of South Dakota; 16
(5)(6) "Construction," any clearing of land, excavation, or other action that would affect 17
the environment of the site for each any land or rights of way right-of-way upon 18
or over which a facility may be constructed or modified, but not including activities 19
incident to preliminary engineering or environmental studies. This term includes 20
modifications to including the modification of facilities as defined described in § 49-21
41B-2.2, but not including any activity incident to preliminary engineering or an 22
environmental study; 23
(6)(7) "Energy conversion facility," any new facility, or facility expansion, designed for or 24
capable of generation of one hundred megawatts or more of electricity, but does 25
not include any wind or solar energy facilities that are designed for or capable of 26
26.564.9 2 193
Underscores indicate new language.
Overstrikes indicate deleted language.
generating one hundred megawatts or more of electricity. This term includes 1
including a hybrid facility capable of injecting one hundred megawatts or more of 2
electricity into the transmission or distribution system, but not including: 3
(a) Any solar or wind energy facility that is designed for or capable of 4
generating one hundred megawatts or more of electricity; or 5
(b) Backup electric generation; 6
(7)(8) "Facility," any AC/DC conversion facility, energy conversion facility, solar energy 7
facility, transmission facility, or wind energy facility, and associated facilities; 8
(8)(9) "Facility expansion," the addition of twenty -five megawatts AC or more of 9
generation capacity to an existing generation source resulting in a combined 10
megawatt capability of the new and existing generation of one hundred megawatts 11
AC or more of electricity; 12
(9)(10) "Hybrid facility," a new facility, or a facility expansion, comprised of more than 13
one type of generation source and having a single point of interconnection to the 14
distribution or transmission system; 15
(10)(11) "Permit," the a permit, issued by the commission under pursuant to this 16
chapter, which is required for the construction and operation of a facility; 17
(11)(12) "Person," an individual, partnership, limited liability company, joint venture, 18
private or public corporation, association, cooperative, firm, government agency, 19
individual, joint venture, limited liability company, municipal corporation, 20
partnership, political subdivision, private or public corporation, public service 21
company, cooperative, political subdivision, municipal corporation, government 22
agency, public utility district, or any other public or private entity, however 23
organized; 24
(12)(13) "Siting area," that the area within ten miles , in any direction , of a proposed 25
energy conversion facility, AC/DC conversion facility, energy conversion facility, or 26
any other area determined by the commission to be affected by a proposed energy 27
conversion facility; 28
(13)(14) "Solar energy facility," a new facility, or facility expansion, consisting of a 29
commonly managed integrated system of solar panels, power collection systems, 30
electric interconnection systems, and associated facilities, that which converts solar 31
energy into electricity and is designed for or capable of generating one hundred 32
megawatts AC or more of electricity; 33
(14)(15) "Trans-state transmission facility," an electric transmission line , and its 34
associated facilities that, which: 35
26.564.9 3 193
Underscores indicate new language.
Overstrikes indicate deleted language.
(a) Originates outside of this state, crosses this state, and terminates outside 1
of this state; and 2
(b) Delivers electric power and energy of twenty -five percent or less of the 3
design capacity of the line and facilities for use in this state; 4
(15)(16) "Utility," any person engaged in and controlling the generation or transmission 5
of electric energy and gas or liquid transmission facilities, as defined by described 6
in § 49-41B-2.1; and 7
(16)(17) "Wind energy facility," a new facility, or facility expansion, consisting of a 8
commonly managed integrated system of towers, wind turbine generators with 9
blades, power collection systems, and electric interconnection systems, that which 10
converts wind movement into electricity and that is designed for or capable of 11
generation of one hundred megawatts or more of electricity. 12