49-41B-4.2. Trans-state transmission line--Criteria required.
The South Dakota Legislature before approving a proposed trans-state transmission line shall find that each of the following criteria has been met:
(1)That the proposed trans-state transmission line and route will comply with all applicable laws and rules;
(2)That the proposed trans-state transmission line and route will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or anticipated inhabitants in the siting area;
(3)That the proposed trans-state transmission line and route will not substantially impair the health, safety or welfare of the inhabitants;
(4)That the proposed trans-state transmission line and route will not unduly interfere with the orderly development of the region with due consideration having been given to views of the governing bodies of effective local units of government;
(5)That the proposed trans-state transmission facility will be consistent with the public convenience and necessity in any area or areas which will receive electrical service, either direct or indirect, from the facility, regardless of the state or states in which area or areas are located.
Source: SL 1979, ch 318, §4; SL 1980, ch 327, §3; SL 1981, ch 340, §2.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 41B - Energy Conversion And Transmission Facilities
Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.
Section 49-41B-2 - Definition of terms.
Section 49-41B-2.1 - Transmission facility defined.
Section 49-41B-2.2 - Modified facility defined.
Section 49-41B-4 - Permit required before construction of facility after certain date.
Section 49-41B-4.1 - Trans-state transmission facility--Permit and legislative approval required.
Section 49-41B-4.2 - Trans-state transmission line--Criteria required.
Section 49-41B-4.3 - Seasonal diversity exchange of electric power.
Section 49-41B-4.5 - Foreclosure on nondivested agricultural land.
Section 49-41B-4.6 - Corporate ownership of agricultural land.
Section 49-41B-4.7 - Divestiture of less than fair market value not required.
Section 49-41B-5.1 - Posting of signs on proposed site--Time for posting--Contents.
Section 49-41B-7 - Assessment by local review committee--Factors included.
Section 49-41B-9 - Financing of committee expenses.
Section 49-41B-10 - Final report of committee.
Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.
Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.
Section 49-41B-15 - Commission procedure following receipt of application for permit.
Section 49-41B-16 - Public input hearing--Location--Publication of notice.
Section 49-41B-17 - Parties to proceedings under chapter.
Section 49-41B-17.2 - Contested case hearing.
Section 49-41B-19.1 - Public comments on application.
Section 49-41B-21 - Environmental impact statement.
Section 49-41B-22 - Applicant's burden of proof.
Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.
Section 49-41B-24.1 - Extension of deadlines.
Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.
Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.
Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.
Section 49-41B-27 - Construction, expansion, and improvement of facilities.
Section 49-41B-29 - Transfer of permit--Commission approval--Rules.
Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.
Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.
Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.
Section 49-41B-33 - Revocation or suspension of permit--Grounds.
Section 49-41B-35 - Promulgation of rules.
Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.
Section 49-41B-37 - Citation of chapter.
Section 49-41B-38 - Indemnity bond for damage to roads and bridges.
Section 49-41B-39 - Financial security for decommissioning of wind turbines or solar facilities.