Title 49, PUBLIC UTILITIES AND CARRIERS

Terms used in this chapter mean: (1) "Commission," the Public Utilities Commission of the State of South Dakota; (2) "Emergency release," a release of a quantity of gas that is great enough to: (a) Pose a clear and immediate danger to life, health, or the environment; or (b) Thre…

For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities s…

An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of meters or miles of line, wh…

Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each v…

A person is not subject to civil penalties under this chapter if prior civil penalties have been imposed pursuant to 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of …

The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the provisions of 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), and any federa…

The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), and federal rules adopted to implement those statutes. If the Depa…

From each pipeline operator subject to the interstate pipeline inspection authority granted under this chapter, the commission shall assess and collect an inspection fee in an amount calculated under § 49-34B-17 . The inspection fee shall be assessed annually. The operator may, w…

For each inspection fee assessed to interstate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific interstate gas pipeline faciliti…

Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission's estimated costs of its first six months of operation as a federal agent. The initial in…

The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26 , to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as …

The commission may promulgate rules pursuant to chapter 1-26 governing the calculation, assessment, and collection of the fees imposed in §§ 49-34B-9 to 49-34B-11 , inclusive, and 49-34B-16 to 49-34B-18 , inclusive. Source: SL 1994, ch 357 , § 19.

Any accident report related to pipeline safety made by an employee or agent of the commission is available for use in any civil, criminal, or other judicial proceeding arising out of the accident. The employee or agent may be required to testify in the proceedings as to the facts…

All information granted to, reported to, or obtained by the commission under this chapter, which is a trade secret, as defined in § 37-29-1 , is confidential, except that the information may be disclosed to the commission or its agent responsible for enforcing this chapter. Nothi…

The commission may accept any moneys made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas by pipelines in acc…

Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commission may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commission deems appropriate, waive in whole or …

No person may deface, mar, damage, remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a pipeline. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor. Source: SL 1994, ch 357 , § 24.

After an emergency release from a pipeline has occurred, no pipeline operator, or its employee or agent, may dispose of, destroy, or alter the part of a pipeline that was involved in the emergency release until approval is granted by the commission. This section does not prevent …

The commission may, to the extent necessary to carry out the enforcement responsibilities of this chapter, conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct research, te…

The federal safety standards as set forth in 49 C.F.R. parts 191 to 193, inclusive, 199, and appendices to parts 191 and 192 (January 1, 2026), are adopted as safety standards for this chapter. The commission shall establish and implement a pipeline safety inspection program to e…

The commission may, by rules promulgated pursuant to chapter 1-26 , establish safety standards that are not more stringent than federal safety standards, as set forth in § 49-34B-3 , for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to …

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If …

The commission may require any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities subject to the provisions of this chapter to file with the commission a plan for inspection and maintenance of each such facility o…

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall establish, maintain, and provide such records, reports, and information as the commission may require to determine whether the person has complied with …

The commission shall encourage and promote programs designed to prevent damage to natural gas pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity. Source: SL 1994, ch 357 , § 7.

From each pipeline operator subject to the intrastate pipeline inspection authority under this chapter, the commission shall assess and collect an inspection fee in an amount calculated according to § 49-34B-10 . To the extent it has jurisdiction, the commission shall allow the o…