SB201 Tramples Local Control.
SB201 passed the House floor, Wednesday, February 28th. This bill UNDERMINES and OVERRIDES local county government control on zoning plans. Additionally, it is poorly written and opens up affected parties to COSTLY litigation. Primarily prompted by what is happening East River with Summit Carbon Solutions, this bill opens up the ENTIRE STATE to its NEGATIVE effects.
Even with all the testimony and 1000s of emails and phone calls made to our Representatives, this egregious bill still passed.
SB201 has been moved to a Conference Committee. This committee will be made up of an equal number of senators and representatives.. Leadership in both chambers determines who is on that committee.
It is expected they will meet very soon (potentially Monday), and they will put out a conference committee report. This report will then go to each floor to be voted on. If both floors approve the report, then the bill goes to the Governor’s desk.
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WHEREFORE: SB201 destroys local control;
WHEREFORE: SB201 conflicts with and undermines current law in Chapter 34-48A Emergency Management requiring counties to fund their emergency plan for emergency management, see SDCL § 34-48A-42;
WHEREFORE: SB201 adds vague and undefined terms to a law that is not broken and does not need to be fixed, see “material transmission” in Section 6;
WHEREFORE: SB201 undermines decades of focus on energy development, see deletion in Section 6;
WHEREFORE: The language in SB201 makes it ripe for lengthy litigation and is preempted by federal law (See second half of Section 7);
WHEREFORE: SB201 handcuffs the PUC by disrespecting their ability to assess facts and make decisions, see deleted language and see change of “may” to “must” in Section 7.