Environment

This bill is a legislative commemoration that recognizes the historical significance of the buffalo to Native American tribes in South Dakota and celebrates their return to tribal lands. It acknowledges the near extinction of buffalo in the 19th century and highlights the current efforts by tribal nations, conservation groups, and community partners to restore the species. The resolution emphasizes the cultural, spiritual, and ecological importance of buffalo restoration for future generations. This type of bill does not create new laws or regulations but serves to formally acknowledge and honor a significant cultural and environmental milestone.

HB 1265 creates an "Avian Special Purpose Salvage Permit" allowing landowners or farmers to legally salvage, incubate, and release eggs from non-migratory bird nests accidentally destroyed during normal agricultural or lawful activities. The permit, valid annually until December 31, requires a $10 fee and authorizes three specific actions: salvaging eggs, incubating them, and banding/releasing the birds at an appropriate developmental stage. The South Dakota Game, Fish and Parks Commission will establish rules for release criteria, documentation, and the permit process. This bill directly affects landowners whose operations unintentionally disturb non-migratory bird nests, providing a legal pathway to salvage eggs instead of facing misdemeanor charges under existing law.

SB 231 creates a Water Infrastructure Development Fund to support rural water projects in South Dakota. The fund, initially seeded with $3 million from the state general fund (Section 2), provides grants (up to 10% of project costs) and loans (up to 50% of project costs) managed by the Board of Water and Natural Resources (Section 1). It directly affects rural communities needing upgrades to water infrastructure, such as new systems or repairs. The bill declares an emergency to allow immediate implementation upon passage (Section 3).

HB 1294 prohibits any person from conducting geoengineering within South Dakota. The bill defines geoengineering as large-scale climate interventions, specifically including carbon dioxide removal or reflecting sunlight away from Earth. Violating this prohibition is classified as a Class 6 felony. This law directly affects individuals or entities attempting these specific climate interventions within the state. The bill establishes a clear criminal penalty for such actions, focusing on preventing large-scale atmospheric or oceanic climate modification.

HB 1318 prohibits South Dakota from engaging with or investing in "natural asset companies," defined as for-profit entities that manage ecological resources like soil, biodiversity, or water quality for financial gain. The bill bans state contracts, investments, and bonds involving these companies, prohibits them from operating in the state, and voids any contracts entered after July 1, 2026. It also requires the Secretary of State to revoke business licenses for such companies and prevents natural assets (e.g., land, water rights) from being transferred to them. The law applies broadly to corporations and LLCs classified as natural asset companies but excludes state retirement systems and investment councils.

HB 1271 prohibits the intentional release of specific chemicals (like aluminum barium, sulfur dioxide, or PFAS-containing chaff) into the atmosphere for weather modification, directly affecting operators of equipment used for such activities. It establishes a $100,000 minimum civil penalty per violation (plus $10,000 daily for ongoing violations) and creates a dedicated monitoring fund to cover enforcement costs. The bill requires airports to report aircraft equipped with weather-modification devices (excluding standard agricultural sprayers) to the Department of Transportation, which forwards reports to the Agriculture Department for investigation. Key mechanisms include online violation reporting, departmental investigation rules, and airport compliance reporting starting July 2026.

HB 1299 allows small lodging establishments (with 15 or fewer sleeping rooms) to apply for a permit to use biological filtration systems in their water recreational facilities, such as pools or spas. These systems filter water naturally using plants, beneficial bacteria, and microbes - without relying on continuous chemical disinfectants - to meet public health and safety standards. To obtain a permit, establishments must submit proof the system meets water quality requirements, pay a $50 fee, and undergo annual department inspections. If an inspection fails, the permit is revoked, and reapplication is barred for one year. The bill requires the department to establish rules for applications, maintenance, and testing procedures.

SB 222 appropriates $10 million from South Dakota's general fund to the Department of Agriculture and Natural Resources for grants supporting water, wastewater, storm water, and nonpoint source pollution projects. It directly affects municipalities and water systems serving residents, with funding calculated as a percentage of project costs based on population: up to 80% for systems serving ≤1,000 people (capped at $9,000/person), 50% for 1,001-2,500 people ($7,000/person), and 30% for >2,500 people ($3,000/person). Projects addressing regionalization, drought resiliency, or environmental compliance may exceed these caps, and engineering studies for long-term water issues can receive up to 100% funding. The bill declares an emergency to expedite funding and requires projects to align with the state water plan.

HB 1103 requires that any annual withdrawal of groundwater from a source cannot exceed the natural annual recharge rate of that source. The bill amends groundwater appropriation rules to prohibit approving new water rights if withdrawal would exceed recharge, based on available data. It directly affects applicants seeking groundwater rights, including agricultural users, municipalities, and industries. An exception allows withdrawals exceeding recharge for older groundwater formations used by public water systems.

SB 128 requires data centers (defined as facilities managing electronic data) to notify local water providers about projected water use and implement closed-loop cooling systems that limit net water withdrawal. It prohibits these facilities from exceeding water usage limits after residential and essential public services are allocated, and mandates reduced use during declared water shortages. Data centers must submit quarterly public reports detailing water usage and compliance. The bill directly affects large data center operators in South Dakota, focusing on sustainable water management for this growing sector.