The South Dakota ballot box will determine the future for South Dakota in many ways. One of them is in the form of Referred Law 21, or RL21.
I wish I could sit down with each of you to explain every step that has led to RL21 being on the ballot. We could visit for hours, but following is a brief overview of a complex subject. It is very important for you to understand. It is very important to South Dakota. It is very important to FREEDOM. So here we go.
The World Economic Forum is pushing agendas in many areas that will bring more control to them, and less to individuals. They propose policies that are then adopted by organizations like the United Nations. One of these policies say we must reduce our carbon score. It’s called “Net Zero by 2050.” This came to the United States in the form of the Inflation Reduction Act, which has a special tax break called 45Q for companies that reduce CO2 in the atmosphere. This translates into billions of dollars for these projects. Where do those billions of dollars come from? The money for these fake projects comes from taxes that hardworking citizens pay.
The 45Q tax credit spurred two carbon pipeline projects in South Dakota: Navigator and Summit Carbon Solutions. They claimed the right of eminent domain. Summit sued over 160 landowners and several counties in our state. Each company sought a permit from the SD Public Utilities Commission. BOTH companies were DENIED a permit from the PUC. Why? Because they failed to meet one of the core requirements, which states “the company must abide by all applicable laws and rules.” Since they could not meet ordinances and setbacks that certain counties had in place, they failed the test. Local control had a voice that day.
Navigator disbanded, but Summit marched ahead. Fast forward to the 2024 legislative session. Many property rights bills were brought forward, with some bringing needed, reasonable reforms. However, only three made it to the finish line. The majority leaders in both chambers dubbed these the “Landowner Bill of Rights.” Let’s stop right there. As I stated on the floor, these were not the “Landowner Bill of Rights.” These were the “Pipeline Bill of Rights.” It was the media spin and money in the room that landed these on the Governor’s desk. The most egregious of these bills was Senate Bill 201. This bill essentially strips local control away from certain projects that require permitting from the SD PUC.
In South Dakota, we have something most states do not: a referendum process. That means if the people think the legislature got it wrong, they can refer the decision to the voters. The hurdle is getting 17,000 plus petition signatures in 90 days. South Dakotans across 66 counties went to work, and over 31,000 signatures were collected. Since that time, MANY informational meetings have and continue to be held across the state.
One thing that was argued again and again in the legislature is that these companies did not meet the requirements for eminent domain, which included them being considered a common carrier carrying a commodity. This summer a HUGE ruling came down from the SD Supreme Court. The court ruled that Summit Carbon Solutions had not proved that it met the conditions of common carrier or that it was carrying a commodity. This brought validation to many who had argued this very thing for three years.
All of these things contribute to information you should have before voting on RL21.
I’ll tell you my top 3 reasons to vote NO on RL21. I could list MANY, but let’s keep it simple:
1) Takes away local control in section 6 of the bill. The denial of a permit based on following applicable laws and rules is now removed. “A permit for the construction of a transmission facility…supersedes and preempts any county, township, municipal, or any other governmental unit land use, zoning, or building rule, regulation, or ordinance.”
2) Many legislators filed a dissent upon passage of this bill, stating reasons that it is Unconstitutional.
3) Sets a precedent for out of state and possibly foreign backed companies to have only one centralized government hoop to jump through.
The government that is closest to the people governs best. Let’s make sure that we continue to have checks and balances here in our state. The PUC process we presently have works well in conjunction with our process of ordinances and setbacks instituted by local governments.
South Dakota is NOT for sale. Please VOTE NO ON RL 21.
Representative Karla Lems
District 16
