South Dakota 2026 Regular Session

South Dakota House Bill HB1173

Introduced
1/28/26  
Refer
1/28/26  
Report Pass
2/11/26  
Engrossed
2/17/26  

Caption

Require certain applicants that seek a permit from the Public Utilities Commission of the State of South Dakota to prepare and pay for an environmental impact statement.

Impact

The implementation of HB 1173 is expected to modify how the Public Utilities Commission processes permit applications by introducing a formal requirement for environmental evaluations. This change will likely lead to a more thorough vetting process for projects, especially concerning carbon dioxide transmission facilities. Critics might argue that the bill adds financial burdens on applicants, particularly smaller entities, potentially delaying project initiation. Proponents, on the other hand, reason that this is a necessary step for protecting South Dakota's environmental resources.

Summary

House Bill 1173 requires that applicants seeking permits from the South Dakota Public Utilities Commission must prepare and pay for an environmental impact statement (EIS). This requirement applies to future and pending applications and mandates that the EIS must comply with state environmental standards. The bill aims to enhance the regulatory process surrounding environmental assessments for construction projects that may have significant ecological consequences. By stipulating that applicants cover the costs associated with the EIS preparation, the legislation intends to ensure that due diligence is maintained in assessing environmental impacts.

Sentiment

Overall, the sentiment surrounding HB 1173 appears to be mixed. Supporters applaud the bill as a proactive measure to safeguard the environment, ensuring that potential impacts are carefully evaluated before any construction commences. In contrast, some opponents raise concerns about the implications of increased costs and regulatory hurdles that could stifle economic growth in the state, fearing it may deter investments in infrastructure development.

Contention

Notable contention has arisen around how the financial responsibility for the EIS impacts the competitive landscape for permits. While the bill supports environmental integrity, some stakeholders argue it disproportionately impacts smaller or local applicants compared to larger corporations. This aspect highlights a broader debate about the balance between environmental regulation and economic development, as many industry representatives fear that the increased costs may lead to fewer business opportunities in the state.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1228

Require an environmental impact statement from applicants seeking a carbon dioxide transmission facility permit from the Public Utilities Commission of the State of South Dakota.

SD HB1007

Prohibit use of the South Dakota public utilities commission gross receipts tax fund for reimbursement of costs incurred by the Public Utilities Commission.

SD SB212

Require that pipeline applicants acquire county permits prior to submission of a permit application to the Public Utilities Commission.

SD SB211

Revise and clarify notice and hearing procedures of the Public Utilities Commission.

SD HB1008

Include a hybrid facility as a facility to be regulated by the Public Utilities Commission.

SD SB143

Modify the composition and staffing requirements of the South Dakota-Ireland Trade Commission.

SD HB1029

Update provisions of the South Dakota Retirement System.

SD HB1266

Attach the South Dakota State Brand Board to the Office of School and Public Lands.

SD HB1002

Require that all certified educators take a course in South Dakota Indian Studies.

SD HB1084

Provide free state park and recreation area admission to current and former members of the South Dakota National Guard and their spouses and dependents.

Similar Bills

CA AB1288

Registered environmental health specialists.

IL SB1686

ENVIRONMENTAL PARTICIPATION

CA AB2722

Motor Vehicle Fuel Tax Law: suspension of tax.

PA HB913

In renaming Department of Environmental Resources and defining rulemaking authority of Department of Environmental Protection, repealing provisions relating to Department of Environmental Protection and providing for Department of Environmental Services; and making editorial changes.

PA SB682

In renaming Department of Environmental Resources and defining rulemaking authority of Department of Environmental Protection, repealing provisions relating to Department of Environmental Protection and providing for Department of Environmental Services; and making editorial changes.

MA H1072

Of improving environmental justice in Black communities

NC H684

Environmental Justice in North Carolina

MA S636

To improve environmental justice in the Commonwealth