HB 1299

26.775.10  101st Legislative Session  1299
                                     2026 South Dakota Legislature
                                             House Bill 1299
                                                   ENROLLED
                                             AN ACT
ENTITLED An Act to permit the use of biological filtration systems in water
         recreational facilities located in certain lodging establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 34-18:
            A lodging establishment that has fifteen or fewer sleeping rooms may apply to the
   department for a permit to use a biological filtration system to filter water in the
   establishment's water recreational facility. Only an establishment that has been issued a
   permit under this section may use a biological filtration system in a water recreational
   facility. A permit issued under this section is valid for one year.
            A water recreational facility that uses a biological filtration system must otherwise
   meet the minimum public health and safety requirements for a water recreational facility,
   established by the department pursuant to § 34-18-22.
            When applying for a permit, an establishment shall submit to the department a
   document that demonstrates how the proposed system meets water quality outcomes
   established by the department.
            A biological filtration system must be inspected by the department every year. If a
   lodging establishment fails an inspection, the department must revoke the permit. An
   establishment that fails an inspection may not reapply for a permit under this section for
   one year.
            The department shall promulgate rules pursuant to chapter 1-26 to establish:
   (1)      Application requirements for a permit to use a biological filtration system;
   (2)      Procedures for reapplying for a permit following a failed inspection;
   (3)      Requirements for the routine maintenance of a biological filtration system by a
            lodging establishment;
   (4)      The permit fee, which may not exceed fifty dollars; and
   (5)      Water quality testing procedures for biological filtration systems.
26.775.10  2  1299
            For purposes of this section, "biological filtration system" means a system that is
   approved by the department and filters water using natural processes, including the use
   of plants, beneficial bacteria, and microbes, and does not rely on continuous chemical
   disinfectant residuals.
HB1299 ENROLLED
26.775.10  3  1299
An Act to permit the use of biological filtration systems in water recreational facilities located
in certain lodging establishments.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1299
                                                     By
                      Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                      Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1299  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1299 ENROLLED