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

26.394.17 101st Legislative Session 25

2026 South Dakota Legislature
Senate Bill 25
ENROLLED

AN ACT

ENTITLED An Act to update provisions related to the permit application process for
proposed energy and transmission facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-41B-5 be AMENDED:
49-41B-5. If the proposed site for an energy conversion facility or AC/DC
conversion facility 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 three months before filing the application as required in § 49-41B-11.
Section 2. That § 49-41B-5.1 be AMENDED:
49-41B-5.1. 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 facility, the
applicant shall provide notice to the public by posting signs:
(1) On areas of the proposed facility site, which are clearly visible to an ordinarily
observant person; and
(2) That include the name and contact information of the utility and a brief description
of the proposed facility.
Section 3. That § 49-41B-6 be AMENDED:
49-41B-6. Within thirty days after the filing of an application for a permit for the
construction of an energy conversion facility or AC/DC conversion facility, the commission
shall designate the affected area and a local review committee composed of:
(1) The chair of the tribal council of each affected reservation;
(2) The president of the board of each affected school district;
(3) The chair of the board of county commissioners of each affected county;
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SB25 ENROLLED
(4) The mayor of each affected municipality; and
(5) A representative of the applicant utility designated by the utility.
Within ten days of the commission's designation pursuant to this chapter, the
commission shall provide notice of the designation to each member of the committee.
If a member elects to participate in the committee process, the member must
provide written notice of the election to the commission within sixty days after the filing
of the application. Unless at least three members elect to participate, the requirements of
§§ 49-41B-7, 49-41B-8, 49-41B-10, and 49-41B-20 are waived, and the committee
ceases to exist.
Section 4. That § 49-41B-7 be AMENDED:
49-41B-7. The local review committee shall meet to assess potential social and
economic effects of the proposed facility and the affected area's capacity to absorb those
effects at various stages of construction, and to formulate mitigation measures. The
committee's assessment must also include consideration of temporary and permanent
alternatives in the following areas:
(1) Housing supplies;
(2) Educational facilities and manpower;
(3) Water supply and distribution;
(4) Waste water treatment and collection;
(5) Solid waste disposal and collection;
(6) Law enforcement;
(7) Transportation;
(8) Fire protection;
(9) Health;
(10) Recreation;
(11) Government; and
(12) Energy.
The applicant shall provide to the members of the committee copies of the
application and any other information the commission determines necessary for the
committee's assessment pursuant to this section.
Section 5. That § 49-41B-8 be AMENDED:
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49-41B-8. A local review committee may employ any personnel the committee
determines necessary to carry out the provisions of § 49-41B-7, subject to the approval
of the commission. The applicant shall pay the expenses of the personnel.
Section 6. That § 49-41B-14 be REPEALED.
26.394.17 4 25
SB25 ENROLLED
An Act to update provisions related to the permit application process for proposed energy and
transmission facilities.

I certify that the attached Act originated in
the:

Senate as Bill No. 25

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 25
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