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Bill

HB 1228

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.

2025 Regular Session Introduced by Bobbi Andera and 24 co-sponsors

South Dakota bill requires CO2 transmission facility permit applicants to submit environmental impact statements, adding procedural scrutiny to carbon infrastructure projects.

House of Representatives Do Pass , Passed, YEAS 37, NAYS 32 H.J. 396
#fees #pipelines #publicutilitiesandcarriers
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Bill Summary · HB 1228

Legislative bill overview

HB 1228 requires applicants seeking permits for carbon dioxide (CO2) transmission facilities in South Dakota to submit environmental impact statements to the Public Utilities Commission. The bill adds a new procedural requirement to the permitting process for CO2 pipeline infrastructure, which is typically used for transporting CO2 for enhanced oil recovery or carbon capture projects.

Why is this important

CO2 transmission infrastructure has expanded significantly across the country as companies invest in carbon capture and storage projects. This requirement could affect the timeline and cost of permit applications while providing the state with detailed environmental analysis before approving major infrastructure projects that cross state lands and potentially affect communities and groundwater.

Potential points of contention

  • Cost and timeline impacts: Environmental impact statements are time-consuming and expensive to prepare, which could delay projects and increase permit application costs, potentially discouraging investment in CO2 infrastructure
  • Economic development vs. environmental review: South Dakota has actively pursued CO2 capture and storage projects as economic opportunities; stricter permitting requirements may conflict with pro-development priorities
  • Scope and standards ambiguity: The bill doesn't specify what the environmental impact statement must include, potentially leading to disputes over adequacy and scope of environmental review requirements

Compiled from official sources — confirm details with the bill’s official record.

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