HB 1173 South Dakota House · 2026 Regular Session

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.

HB 1173 requires South Dakota's Public Utilities Commission to mandate an environmental impact statement (EIS) for certain utility permit applications before final approval. It specifically applies to applicants seeking permits for carbon dioxide transmission facilities and may require an EIS for other projects if the Commission determines it is necessary under state environmental law (Chapter 34A-9). The bill does not change the permit process itself but adds a requirement for an EIS review, which could affect project timelines and costs for utility developers. This applies to all pending and future permit applications before the Commission.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Governor
Introduced Jan 28, 2026 Last action Mar 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced House Commerce and Energy Engrossed · 6 edits · Feb 11, 2026
MODERATE
This bill amends South Dakota's public utilities regulations to require environmental impact statements for certain permit applications, particularly for carbon dioxide transmission facilities. The changes establish new fee structures for preparing these statements, set submission timelines, and clarify when environmental reviews are required versus when existing studies can be used.
Scope change
The bill expands requirements to specifically mandate environmental impact statements for carbon dioxide transmission facilities, while maintaining commission discretion for other permit types. It also clarifies when existing National Environmental Policy Act studies can substitute for new impact statements.
REQUIREMENT

Requires applicants for carbon dioxide transmission facility permits to prepare environmental impact statements, while the commission retains discretion to require them for other permit types.

Requires environmental impact statements to be published on the commission website and paid for by the applicant.

Amends provisions regarding permit reapplications, clarifying that applicants must prove only the criteria that led to original denial, but the commission cannot require additional environmental impact statements for reapplications.

FISCAL

Increases maximum fees for environmental impact statements from one-quarter of one percent to one-half of one percent of estimated construction costs for facilities requiring impact statements.

TIMELINE

Establishes a thirty-day submission deadline for environmental impact statements before the commission must render a decision on permit applications.

ELIGIBILITY

Clarifies that existing detailed environmental impact studies completed under the National Environmental Policy Act can exempt applicants from preparing new statements if available at least thirty days before decision deadlines.

Floor votes · House Feb 17, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
12
Key actions
5
Committee
2
Amendments
2
Mar 3, 2026
Upper · Passed
Commerce and Energy Deferred to the 41st legislative day , Passed, YEAS 5, NAYS 3
upper
Feb 18, 2026
Introduced
First read in Senate and referred to Senate Commerce and Energy S.J. 296
upper
Feb 17, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 44, NAYS 22 H.J. 335
lower
Feb 17, 2026
House · Passed
House Vote: pass (44-22-4)
house
Feb 11, 2026
Lower · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 8, NAYS 4
lower
Feb 11, 2026
Introduced
Commerce and Energy Motion to amend , Passed, Amendment 1173C
lower
Feb 4, 2026
Lower · Passed
Commerce and Energy Deferred to another day , Passed, YEAS 7, NAYS 6
lower
Feb 4, 2026
Introduced
Commerce and Energy Motion to amend , Passed, Amendment 1173A
lower
Jan 28, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 163
lower
8 primary · 0 co-sponsors

Sponsors