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Ripples

News from Executive Director Dennis N. Davis

4/7/2008                

Green title text are bills that we supported, blue text are bills that we monitored, and red text are bills that we opposed.  The South Dakota Legislature has finished it's work for 2008, below is the final status of the bill.  Full text and actions can be found at http://legis.state.sd.us/sessions/2008/index.aspx for each bill.

Bills We Supported/Opposed/Had A Special Interest In

SDARWS

HB 1277

make appropriations from the general fund, the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, to revise the state water plan, and to declare an emergency.

02/28/08

Signed by Governor

The Governor’s Water Omnibus Bill provided the following funding:  Consolidated program for drinking water, wastewater, and watershed projects $3,500,000.  Lewis and Clark Regional Water System $6,400,000.  Southern Black Hills Water System $750,000.  Perkins County Rural Water System $500,000. Recycling and solid waste projects $1,250,000.  Grants and loans for regional landfills $1,500,000.

SB 3

revise certain procedures concerning elections for special districts and to declare an emergency.

02/28/08

Signed by Governor

SB 5

revise the requirement that the South Dakota Conservancy District pay interest on its bonds semiannually and to revise certain provisions regarding the district's authority to issue fixed or variable rate bonds.

02/21/08

Signed by Governor

This bill increased the flexibility for bonding authority by the South Dakota Conservancy District.  These changes will allow the Conservancy District to issue bonds with less payment in interest, stretching the overall lending capacity.

SB 6

revise certain provisions to allow the transfer of ownership of an application to appropriate water.

02/28/08

Signed by Governor

This will allow an application for a water rights permit to transfer with the sale of the property and still keep the official date of the application the same.

SB 12

update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

02/07/08

Signed by Governor

SB 16

require continuing education of plumbing contractors, plumbers, apprentice plumbers, restricted plumbing contractors, and restricted plumbers.

02/07/08

Signed by Governor

A couple years ago South Dakota Rural Water found sponsors to introduce a bill requiring all plumbers to be licensed.  Senate Bill 16 now requires licensed plumber to have a minimum of 4 hours of continuing education.  The plumbing commission intends to use these hours to insure the understanding of the plumbing code.

SB 138

require financial assurances for certain petroleum pipeline operations for the remediation of potential environmental damage and to declare an emergency.

Failed to pass out of the Senate

SB 190

impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

Title Amendment: An act to provide for regulatory oversight of oil pipelines and to create a task force.

3/17/08
Signed by Governor

Originally this would have assessed a fee on every barrel of crude oil moving through the state in a pipeline.  The funds from the original bill would have created a cleanup fund similar to what exists for underground fuel tanks.  This act was stripped on the Senate floor and later amended in the House State Affairs Committee.  It now mirrors the federal pipeline safety standards, and establishes a Task Force under the Department of Environment and Natural Resources to look at potential issues with all underground pipelines including rural/municipal water, crude oil and other buried pipelines.

SCR 10

Urging the Congress and the President of the United States to restore funding for the Lewis & Clark Regional Water System.

02/12/08

Senate Adopt Resolution, Passed

02/14/08

House of Representatives Concurred in Resolution, Passed

The Lewis and Clark Regional Water System was not included in the President’s 2009 Budget.  This resolution recognizes statewide support for this project.

HB 1148

exempt the land application of certain solid waste used for irrigation purposes from requirements related to large-scale solid waste facilities.

2/28/08

Signed by Governor

This exempts solid waste generated by a livestock processing facility and used for irrigation from the requirements to obtain approval of the legislature.  DENR will still need to issue a permit through its normal regulatory process.

Water Development Districts

HB 1027

revise certain deadlines concerning nominating petitions for water development district directors and to declare an emergency.

02/12/08

Signed by Governor

For director elections the nominating period will change to between 8:00 AM, January 1^st  and 5:00 PM, the last Tuesday of March prior to the date of the primary election. The change brings water development districts in line with partisan elections (county commissions, SD Legislature, etc.) which use the same election cycle.

HB 1245

clarify certain purposes and characteristics of water development districts, to revise the boundaries of the Central Plains, East Dakota, Vermillion Basin, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

Title Amendment: An act to revise the boundaries of the Central Plains, East Dakota, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

03/17/08

Signed by Governor

This changed the boundaries of the Central Plains, East Dakota, James River, South Central Water Development Districts.  The changes include the addition of 3 ½ counties not presently in the listed water development districts.  The changes do not go into effect until January 1, 2009.

HB 1174

revise certain provisions related to the composition of water development district boards of directors.

2/20/08
Signed by Governor 
 

This bill changes the method by which water development district director areas are established, abolishing the current bias toward rural areas in favor of a one man/one vote method.  It also removes the requirement of land ownership.  The bill goes into effect January 1, 2009, and does not impact the pending election cycle.

Conservation Districts

HB 1185

establish dedicated funding sources and to deposit the revenue in the coordinated natural resources conservation fund.

Tabled by sponsor 

As this bill was originally introduced, it would have placed a tax on water sales of $0.05 / 1000 gallons.  South Dakota Rural Water and the Municipal League both testified in  opposition to this new tax.  It also would have placed an additional documentation fee on the transfer of property.  The House Taxation Committee removed the tax on water sales, and referred it to the House Appropriations Committee where the sponsor of the bill asked that the bill be tabled.

HB 1069

make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.

3/17/2008
Signed by  Governor

This provided $600,000, in 2008 general funds to the coordinated natural resources conservation fund, for the State Conservation Commission. This fulfilled a promise from the Governor after he vetoed a conservation funding bill last year.

HB 1070

make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

02/15/2008
Signed by Governor

This provided spending authority of up to $500,000 from the coordinated natural resources conservation fund to the State Conservation Commission for the upcoming fiscal year.

SB 115

increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds.

02/26/08

House of Representatives Tabled, Passed

Public Meetings and Records

HB 1154

require an opportunity for public testimony at public meetings.

02/13/08
State Affairs Tabled, Passed

This bill would have clarified the language of existing state statue.

SB 186

revise certain provisions regarding public records and public meetings.

Title Amendment: An act to revise certain provisions regarding public records.

3/17/08

Signed by Governor
  

This was the Senate version of House Bill 1280.

SB 189

revise certain provisions regarding public records and the accessibility of public records.

Title Amendment: An act to revise certain provisions regarding public records and the accessibility of public records.

2/25/08

State Affairs Tabled, Passed

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