Wind farm measure on its way to South Dakota state senate

PIERRE, SD — The Legislature is one step away from final approval for sweeping changes in South Dakota’s laws governing easements for wind towers.

The legislation would give landowners additional protection regarding easement contracts while also opening the way to mega-projects unlike any before built in South Dakota.

Among the provisions, wind developers would be prohibited from requiring landowners to keep easement contract terms confidential, and require a waiting period of at least 10 days from the time when an easement or lease offer is first presented, so that landowners would be guaranteed an opportunity to consider the offer.

Other provisions would give developers of large wind projects that involve building transmission lines up to 12 years to start construction, rather than the standard five years allowed before wind easements expire, and clarify the definition of when a project commences.

The state Senate is scheduled to debate the measure, HB 1263, this week and possibly as early as this afternoon. The Senate State Affairs Committee gave its endorsement to the legislation 9-0 Monday, and the House of Representatives voted for it 70-0 last week.

The prime sponsor of the bill is Rep. Kristi Noem, RCastlewood, but the legislation is actually now a combination with two other measures.

In a show of unity, the lead Senate sponsors of two of the bills, Republicans Larry Rhoden of Union Center and Russell Olson of Madison, sat together at the witness table Monday to testify for the three-way compromise. Then Noem and Rep. Val Rausch, R-Big Stone City, did the same, followed by the prime sponsor of the third bill, Rep. Mitch Fargen, D-Flandreau.

“A win-win-win situation, for developers large and small, and property owners alike,” Rhoden said. Noem described it as “a historic compromise” and Fargen said it was “a good compromise.”

The 12-year easements would apply on projects of at least 500 megawatts with 345-kilovolt transmission lines. Developers would need to file with the state Public Utilities Commission in order to qualify for the longer easements.

Darla Rogers, a lawyer for the South Dakota Rural Electric Association, said the combined legislation is “a three-legged stool” that admittedly doesn’t have full support from the wind-development industry. “Each leg of that stool is important and necessary,” she said.

A voice of opposition was Michael Melius, representing the South Dakota chapter of the Sierra Club and the South Dakota Resources Coalition. He said it’s good to advance renewable energy but noted that wind towers will be erected on coteaus and ridges where the native vegetation has never been plowed.

Melius urged that siting and planning need to done openly at the local level.

“The environmental footprint of wind farms is significant,” he said.

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