South Dakota Legislative & Regulatory

Regulatory

Missouri River Energy Services regularly monitors state agencies to identify issues that might affect MRES or its municipal electric utility members. You can find information about the regulatory matters we are monitoring or participating in clicking on this link to South Dakota Regulatory.

 

Legislative

The 91st Legislative Session adjourned sine die on March 29. The 92nd Legislative Session will convene Tuesday, Jan. 10, 2017.

Getting information about the activities and legislation is easy. Missouri River Energy Services (MRES) continuously monitors bills introduced in the South Dakota Legislature that could affect electric utilities in the state of South Dakota. To find out who represents your utility interests go to the South Dakota Secretary of State website

South Dakota Legislative Guide

 

2016 House Bills

  
HB 1032
: A bill revising contracts for energy savings for public buildings.
Status: Pre-filed bill; referred to House Commerce and Energy. Set for hearing 1/20/16. Passed House Commerce & Energy (12-0) 1/20/16. Passed House (63-1) 1/21/16; referred to Senate Commerce & Energy. Set for hearing 1/28/16. Passed committee (6-0) 1/28/16.  Sent to Senate floor. Passed Senate (33-0) 2/2/16. Signed by Governor 2/9/16.

HB 1066: A bill requiring all public notice to be done at least two continuous days before the event/meeting; that time to be computed pursuant to SDCL 15-6-6(a) (civil procedure code).
Status: Introduced 1/20/16; referred to Local Government. Set for hearing 1/26/16. Amended to only apply to the state, state board commissions, or state department. Passed Committee (13-0) 1/26/16. Passed House (66-0) 2/2/16. Referred to Senate Local Government. Set for hearing 2/8/16. Passed Senate Local Government (6-0) 2/8/16. Passed Senate (34-0) 2/9/16. Signed by Governor 2/19/16.

HB 1106: Originally introduced as a township road bill, this bill "died" in Local Government Committee. It was taken off the table; referred to House Taxation committee. Amended into a "new" bill to require that wind turbines must be set back from occupied structures by a distance of 1,000 feet. Financial penalties may be imposed for violating the set back.
Status: Introduced 1/26/16 as township road bill; referred to Local Government. Deferred to nonexistent 41st Legislative Day (9-4) 2/4/16. Taken off the deferred list and re-referred to House Taxation (12-0) 2/16/16. Amended to pertain to wind turbine setbacks 2/18/16. Passed House Taxation (9-4) 2/18/16. Failed to pass House as amended (10-56) 2/23/16. 

HB 1117: A bill to repeal provisions regarding the use of other languages in public records or public meetings.
Status:  Introduced 1/27/16; referred to House Local Government. Set for hearing 2/9/16. Passed House Local Government (13-0) 2/9/16; referred to House floor. Passed House (68-1) 2/10/16; referred to Senate Local Government. Set for hearing 2/19/16. Passed committee (5-0) 2/19/16. Passed Senate (34-0) 2/22/16. Signed by Governor 2/29/16.

HB 1134:   Allowing access to property for the purpose of making eminent domain/public purpose surveys.
Status:  Introduced 1/27/16; referred to House Judiciary. Set for hearing 2/19/16. Re-set for hearing 2/22/16. Amended to require that before entering property for a survey for eminent domain, that the party shall make a SDPUC filing, give 30 days notice, and pay for any damages that occur. Passed committee as amended (12-0). Passed House (65-0) 2/24/16. Referred to Senate Commerce and Energy 2/25/16. Set for hearing 3/3/16. Passed committee (7-0) 3/3/16. Passed Senate as amended (30-5) 3/8/16.  House concurred with Senate amendments (63-1) 3/9/16. Signed by Governor 3/15/16. 

HB 1139:  A bill regarding the amount of insurance a municipality must carry for work on railroad premises.
Status:
 Introduced 1/28/16; referred to House Judiciary. Set for hearing 2/22/16. Passed committee (8-0) 2/22/16. Passed House (67-0) 2/23/16. Referred to Senate Commerce. Set for hearing 3/3/16. Tabled by Committee (7-0) 3/3/16.

HB 1153:  A bill to reform eminent domain. This bill is a “placeholder” for possible eminent domain language or a hoghouse amendment.  At the time of the bill’s introduction, actual statutory changes were not included. 
Status:  Introduced 1/28/16; referred to House State Affairs. Re-referred to House Judiciary 2/11/16. Set for hearing 2/19/16. Hoghouse amendment offered regarding mediation being used upon agreement of the parties in eminent domain proceedings. Bill passed committee as amended (11-0) 2/19/16. Passed House as amended (67-0) 2/23/16. Referred to Senate Judiciary. Set for hearing 3/1/16. Passed committee (7-0) 3/1/16. Passed Senate (35-0) 3/3/16. Signed by Governor 3/14/16.  

HB 1177:  A bill to revise tax incentives on wind farms and solar facilities.
Status: Introduced 2/2/16. Referred to House Taxation. Set for hearing 2/16/16. Amended in committee and passed (15-0) 2/16/16. Sent to House floor. Passed House (54-15) 2/18/16. Referred to Senate Taxation. Set for hearing 2/29/16. Passed Taxation committee (7-0) 2/29/16. Passed Senate (33-1) 3/3/16. Signed by Governor 3/14/16. 

HB 1194:  A bill to authorize the local state's attorney to take action to enforce state law or local ordinances pertaining to open meeting requirements.
Status:  Introduced 2/3/16. Referred to House Local Government.  Set for hearing 2/16/16. Re-scheduled for hearing 2/18/16. Deferred to non-existent 41st Legislative Day (9-4) 2/18/16. 

HB 1214: Prohibiting members of public bodies from deriving a direct benefit from a contract with the public body. The prohibition on benefitting from a contract with the public body continues for one year after the person has left the public body/board.
Status: Introduced 2/4/16; referred to House State Affairs. Set for hearing 2/10/16. Passed committee as amended (13-0) 2/10/16. Referred to House floor. Amended and passed by committee (13-0) 2/10/16. Amended on House floor and passed (67-0) 2/16/16. Referred to Senate State Affairs. Set for hearing 2/29/16. Passed State Affairs Committee (8-0) 2/29/16. Passed Senate (35-0) 3/1/16. Signed by Governor 3/11/16.

HB 1216: Requiring IOUs, in order to establish the avoided cost rate, to account for and file determinations of the values of the energy, energy delivery, generation capacity, transmission capacity, avoided transmission line losses, and value of installation of DG at a high-value location on the distribution grid.
Status: Introduced 2/4/16; referred to House Commerce & Energy. Set for hearing 2/19/16. Deferred to non-existent 41st Legislative Day (11-2) 2/19/16.

HB 1232: Requiring that all political subdivisions hold at least one meeting per month and after regular business hours. Each meeting shall provide an opportunity for public comment at the beginning of each meeting.
Status: Introduced 2/4/16; referred to House Local Government. Set for hearing 2/23/16. Deferred to non-existent 41st Legislative Day (11-2) 2/23/16. 

HB 1241: A bill to limit the amount of signatures on an initiated or referred measure that may come from the five most populated counties in the state.
Status: Introduced 2/4/16. Referred to House State Affairs. Set for hearing 2/22/16. Tabled by committee (11-0) 2/22/16.

HCR 1005: Urging the federal government to refrain from enacting regulations that threaten the reliability and affordability of electric power.
Status: Introduced 2/3/16; referred to House. Passed House (65-3) 2/4/16. Passed Senate (33-0) 2/8/16. House concurs with Senate amendments (64-4) 2/10/16.

 

2016 Senate Bills 

SB 73: A bill defining a public meeting to include any in person or digital meeting at which public policy is discussed.
Status: Introduced 1/22/16; referred to Senate State Affairs. Set for hearing 2/5/16. Passed Senate State Affairs (9-0) 2/5/16. Passed Senate (32-0) 2/8/16; referred to House State Affairs. Set for hearing 2/24/16. Passed House State Affairs (11-1) 2/24/16. Passed House (62-4) 2/29/16. Signed by Governor 3/10/16.

SB 76:  A bill requiring wind turbine towers to be set back at least 1.1 times the height of the tower from any adjacent property line (provided the property is not subject to a wind easement). Amended to define the height of the wind turbine for purposes of measuring the set back.
Status: Introduced 1/25/16; referred to Senate Commerce & Energy. Set for hearing 1/28/16. Passed committee (6-0) 1/28/16. Amended on Senate floor; FAILED to pass as amended (12-21) 2/2/16.

SB 90:  A bill banning the state, political subdivision or any public body from preventing a person from recording a public meeting, as long as the recording is not disruptive.
Status: Introduced 1/26/16; referred to Senate Judiciary. Set for hearing 2/4/16. Passed Judiciary as amended (6-0) 2/4/16. Passed Senate (32-0) 2/8/16; referred to House Local Government. Set for hearing 3/1/16. Passed committee (11-1) 3/1/16. Passed House (65-1) 3/7/16. Signed by Governor 3/15/16. 

SB 104:  A bill to prohibit state agencies from starting a rule-making process from October 31 to February 28.
Status: Introduced 1/27/16; referred to Senate State Affairs. Set for hearing 2/8/16. Hoghoused to state that no permanent rule may be filed with the secretary of state if more than 60 days have passed from the date of the Interim Rules Review Committee review of the rule. Passed committee (8-0) 2/8/16. Passed Senate as amended (32-0) 2/10/16. Referred to House State Affairs 2/11/16. Set for hearing 3/2/16. Passed committee (12-0) 3/2/16. Passed House as amended (66-0) 3/7/16.  Senate concurs in House amendments (35-0) 3/9/16. Signed by Governor 3/16/16.

SB 118:   A bill exempting certain purchases from public bidding.
Status:  Introduced 1/28/16. Referred to Senate State Affairs. Set for hearing 2/19/16. Amended to clarify that purchases of equipment and other items of less than $50,000 are not subject to public bidding. Passed committee (6-0) 2/19/16. Passed Senate as amended (35-0) 2/23/16. Referred to House Commerce & Energy; hearing set for 2/29/16. Passed Commerce & Energy committee (11-0) 2/29/16. Passed House (65-0) 3/1/16. Signed by Governor 3/10/16. 

SB 127:   A bill to limit railroad crossing fees charged to utilities; allows railroads to require protective liability insurance with a combined single limit of $2 million for each occurrence and $4 million aggregate.
Status:  Introduced 2/2/16; referred to Senate Transportation. Set for hearing 2/19/16. Passed Committee as amended (7-0) 2/19/16. Passed Senate as amended (35-0) 2/24/16. Referred to House State Affairs. Set for hearing 3/2/16. Passed committee (13-0) 3/2/16.  Passed House (62-1) 3/3/16. Signed by Governor 3/14/16. 

SB 145:    A bill requiring that a utility receive any necessary permits for its project before exercising eminent domain powers; prohibiting utilities from using eminent domain powers unless at least 80 percent of the landowners voluntarily allow an easement for the project.
Status:  Introduced 2/3/16. Referred to Senate Judiciary. Set for hearing 2/18/16. Deferred to non-existent 41st Legislative Day (5-2) 2/18/16.