Time for South Dakota to be open for business without people blocking the doorway. Senate Bill 201 moves to the floor.

There has been a lot of commentary on what Senate Bill 201 hopes to accomplish, and as part of trying to stake out some middle ground in this matter one of the biggest things it’s going to try to do is to establish consistency that had been somewhat lacking.
One of the biggest problems is that along the pipeline route there are five counties that have tried to wrestle the project away from the PUC and introduce their own standards. And that’s been a major problem. So we have 5 ordinances; One set for Spink County, one set for Brown County, another for McPherson, then Minnehaha and finally Faulk county as they all create their own standards, largely for setbacks.
And here’s where it gets goofier. Setback ordinances vary from 1500 feet from property line in one county, 330 feet from a property line in another, then 1/2 mile from property line, and 1 mile from structure, then 1/2 mile from a structure and 2 miles from a town.
Some counties require a conditional use permits that have specific requirements from CAFO’s, Residences, Schools, Hospitals, etc. But all are different. Spink County says all those and adds any structure that has a living quarter in it. In McPherson, they require the pipeline to hire an engineer that works with the county with an annual inspection of fences that the pipeline has to pay for to make sure their fence requirements are being met.
Take that against 129 other counties in the United States that host CO2 pipelines without any setbacks. And you can see what they’re trying to deal with when 5 counties try to change the game in the middle of following the rules.
It would be as if we decided we needed an Interstate, but some counties don’t like it. So, one county drops the Interstate speed limit from 80 miles per hour to 55. Then the next has a couple of county commissioners that really hate Interstates, so they drop it to 30 miles per hour. Then another says 75 but 25 if you’re a mile from a church.. and then yet another requires fences and lights along any Interstate, and you have to construct it with asphalt. And yet another says they are making the Interstate a toll road.
And that’s what the pipeline is dealing with. But it’s worse – they’ve been trying to follow the laws as established for some time, but opponents and NIMBY’s keep upending the gameboard and changing the rules. Not very conducive to groups that want to come in and say, build a billion dollar bio-fuel plant, and all the decade old & older ethanol plants who have to modernize or they will be frozen out of markets, put out of business, and most of the corn & grain prices in the state will crash.
If we as a state are actually open for business, if we want growth and new development the very least we can do is actually create one set of rules, and follow them. Everyone should be able to agree on that.
If we’re going to practice what we preach, Senate Bill 201 is a step in the right direction to show that South Dakota is not California, Minnesota, or insert your least-liked blue state here.
The guidelines to do business in this state need to be clear, consistent, and equitable, and South Dakota is right to move forward with legislation that does just that. Time for South Dakota to be open for business without people blocking the doorway for the people they don’t like.


Listening and Following Through




