S.D. Codified Laws § 49-41B-35

Promulgation of rules

Known as the South Dakota Energy Facility Permit Act

The act spans §§ 49–49 (66 sections).

Applied in 2 court decisions — leading case Ehlebracht v. Crowned Ridge Wind II, LLC and S.D. Pub. Util. Comm'n (2022)

Most recently applied in Christenson v. Crowned Ridge Wind, LLC (August 2022)

Source: SL 1977, ch 390, § 26; SL 1986, ch 22, § 24; SL 1990, ch 371, § 4; SL 2005, ch 250, § 4; SL 2007, ch 274, § 3; SL 2019, ch 200, § 2.

To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:

(1) To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;

(2) To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and

(3) To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.