South Dakota § 49-41B-2 - Definition of terms.

§ 49-41B-2. Definition of terms.

Terms as used in this chapter mean:

(1)    "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility, or vice versa;

(2)    "Associated facilities," aqueducts, diversion dams, transmission substations, storage ponds, reservoirs, or cooling ponds;

(3)    "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;

(4)    "Commission," the Public Utilities Commission;

(5)    "Construction," any clearing of land, excavation, or other action that would affect the environment of the site for each land or rights of way upon or over which a facility may be constructed or modified, but not including activities incident to preliminary engineering or environmental studies. This term includes modifications to facilities as defined in § 49-41B-2.2;

(6)    "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind or solar energy facilities that are designed for or capable of generating one hundred megawatts or more of electricity. This term includes a hybrid facility capable of injecting one hundred megawatts or more of electricity into the transmission or distribution system;

(7)    "Facility," any AC/DC conversion facility, energy conversion facility, solar energy facility, transmission facility, or wind energy facility, and associated facilities;

(8)    "Facility expansion," the addition of twenty-five megawatts AC or more of generation capacity to an existing generation source resulting in a combined megawatt capability of the new and existing generation of one hundred megawatts AC or more of electricity;

(9)    "Hybrid facility," a new facility, or a facility expansion, comprised of more than one type of generation source and having a single point of interconnection to the distribution or transmission system;

(10)    "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;

(11)    "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;

(12)    "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or any other area determined by the commission to be affected by a proposed energy conversion facility;

(13)    "Solar energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of solar panels, power collection systems, electric interconnection systems, and associated facilities, that converts solar energy into electricity and is designed for or capable of generating one hundred megawatts AC or more of electricity;

(14)    "Trans-state transmission facility," an electric transmission line and its associated facilities that:

(a)    Originates outside of this state, crosses this state, and terminates outside of this state; and

(b)    Delivers electric power and energy of twenty-five percent or less of the design capacity of the line and facilities for use in this state;

(15)    "Utility," any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities, as defined by § 49-41B-2.1; and

(16)    "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity.

Source: SL 1977, ch 390, § 3; SL 1979, ch 318, § 2; SL 1980, ch 327, § 2; SL 1980, ch 328, § 1; SL 1981, ch 341; SL 1981, ch 342; SL 1983, ch 348; SL 1994, ch 351, § 140; SL 1994, ch 358, §§ 2, 3; SL 2005, ch 250, § 2; SL 2006, ch 242, § 1; SL 2009, ch 243, § 1; SL 2010, ch 226, § 1; SL 2013, ch 237, § 1; SL 2015, ch 235, § 1; SL 2019, ch 200, § 1; SL 2025, ch 193, § 1.