Title 49 — PUBLIC UTILITIES AND CARRIERS

All information reported to or obtained by the commission under this chapter that contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as amended to January 1, 2023, or that is granted by chapter 37-29 is confidential for the purpose of…

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…

There is created a pipeline safety inspection program. The federal safety standards adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended to January 1, 2023, are adopted as minimum safety standards for this chapter. The commission shal…

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

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 §

Terms used in this chapter mean: (1) "Biogas gathering line," new and existing gathering pipeline facilities in South Dakota that transport gas from a bio-methane producer to an interstate or intrastate gas pipeline; (2) "Commission," the Public Utilities Commission; (3) "Gas," n…

Any person who operates an intrastate biogas gathering line shall prior to operation provide written notice of the location and existence of the biogas gathering line to: (1) Any county and township where the biogas gathering line is located; (2) The county emergency management o…

Any person who operates a biogas gathering line on an easement or in public right of way must place and maintain signage marking the biogas gathering line for the life of the biogas gathering line. Signage must be in the rights-of-way and placed at all public road crossings and r…

If the Commission finds, after notice and opportunity for hearing, that a person has failed to comply with any requirement of this chapter, the Commission may suspend or restrict the operation of the pipeline and may order the person to comply with this chapter. The Commission ma…

Any person who operates a biogas gathering line other than in compliance with this chapter is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars. Source: SL 2022, ch 172 , § 5.

Terms used in chapters 49-35 to 49-40 , inclusive, unless the context otherwise plainly requires, shall mean: (1) "Consumers power district" or "district" means a district organized under this chapter or as the same may be from time to time altered or extended under the terms of …

After the petition has been filed in the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law and contains the required number of valid signatures, the secretary of state shall file the petition and issue a certificate of filing of t…

Upon the receipt of the certificate of filing by any county auditor or municipal finance officer receiving the same from the secretary of state, the question shall be submitted to the electors of the proposed district at the next election. The manner of conducting and voting at e…

Within ten days after the canvass of the vote at an election pursuant to § 49-35-15 , each county auditor or municipal finance officer shall certify and return to the secretary of state the number of votes cast at such election in favor of and against the question submitted. If a…

A petition for the annexation of additional territory to an existing district may be filed by registered voters of the area to be annexed. Petitions for the consolidation of two or more existing districts shall be filed by registered voters of each existing district. These petiti…

Nonprofit, public service, utility districts may be organized under this chapter for the purpose of supplying electric energy and encouraging and extending the use thereof within or without the State of South Dakota. Source: SL 1950 (SS), ch 17 , § 2; SDC Supp 1960, § 52.1702; SL…

Any district may amend its petition to provide for a change in its name or change in the location of its principal place of business and may reduce or increase the number of members of its board of directors. No elimination or detachment, increase, enlargement, annexation, or con…

A district may be created as provided in this chapter, and when so created, shall be a public corporation and political subdivision of this state, and may sue or be sued in its corporate name, and have all other powers in chapters 49-35 to 49-40 , inclusive, or hereafter prescrib…

The proposed amendment is effective and in full force immediately upon the issuance of a certificate of amendment by the secretary of state. Thereupon the district, as in the case of the original district, is a public corporation and political subdivision, and shall operate and f…

Chapters 49-35 to 49-40 , inclusive, may be cited as the "Consumers Power Districts Law." Source: SL 1950 (SS), ch 17 , § 1; SDC Supp 1960, § 52.1701.

A consumers power district may be composed of the territory of one or more municipalities or rural areas as defined in this chapter, whether contiguous or otherwise, but no municipality or voting precinct shall be divided in the formation of a district. Nothing in chapters 49-35 …

A consumers power district may be created only by election and the procedure as provided in this chapter. Source: SL 1950 (SS), ch 17 , § 5; SDC Supp 1960, § 52.1705.

A consumers power district may be organized in a rural area under the provisions of this chapter by filing within ninety days after the earliest date of the signing by any petitioner in the office of the clerk of courts of the county in which the principal place of business of sa…

The petition for the organization of a consumers power district shall be addressed to the secretary of state and shall state in substance that it is the intent and purpose of the petitioners to create such a district under the provisions of this chapter subject to approval by the…

The petition for the organization of a consumers power district shall be signed by five percent of the qualified electors of the proposed district. The number of votes cast for Governor at the general election within the boundaries of the proposed district next preceding the fili…

Every sheet of every petition for the organization of a consumers power district containing signatures shall have upon it and below the signatures a circulator's verification as required by subdivision 12-1-3(8). Source: SL 1950 (SS), ch 17 , § 9; SDC Supp 1960, § 52.1709; SL 199…

After the selection of the original board of directors of a consumers power district as provided for in chapter 49-35 , their successors shall be nominated and elected and shall take office as provided in this chapter. Qualified voters of the political subdivision or subdivisions…

All candidates for the office of director of a consumers power district shall be nominated and voted for at the primary and general elections in the manner provided by this chapter. Source: SL 1989, ch 403 , § 5.

If after nominations have been made under the provisions of this chapter and the number of nominees for a director office shall be reduced through death, withdrawal or disqualification of a nominee, the registered voters of the district may, if there is sufficient time for filing…

It is a Class 2 misdemeanor for any political party to endorse or nominate by any convention, or other method, any candidate for director. Source: SL 1989, ch 403 , § 6.

Nominating petitions for director filed pursuant to this chapter shall state the director position sought, using the designations established by the secretary of state on file in the office of the secretary of state within the time prescribed by § 12-6-4 and shall be signed by no…

In any petition filed by or on behalf of any candidate for nomination to director office at any primary election or any attachment thereto, no reference may be made to any party ballot or to the party affiliation of the candidate. Source: SL 1989, ch 403 , § 8.

If nominating petitions filed on behalf of candidates do not exceed twice the number of persons for the number of director positions to be filled, the names of the persons need not be placed upon the primary ballot and the persons shall be the nominees for the positions. Source: …

The order of names of director candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate has the right to be present or represented when the arrangement is being determined. Source: SL 1989, ch 403 , § 10.

At all primary elections at which candidates for director office are to be nominated and a primary is required, the county auditors shall prepare and furnish separate ballots upon which shall be placed the names of the candidates for the offices. The ballots shall be entitled "no…

The form of the nonpolitical consumers power district ballot shall be prescribed by the Board of Elections. Source: SL 1989, ch 403 , § 12.

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election. Source: SL 1989, ch 403 , § 13.

The corporate powers of a consumers power district shall be vested in and exercised by the board of directors of the district. Source: SL 1950 (SS), ch 17 , § 27; SDC Supp 1960, § 52.1727.

No person is qualified to hold office as a member of the board of directors of a consumers power district unless the person is a voter of the district or, if the district be subdivided for election purposes as provided in this chapter, of the subdivision of which the person is a …

The board of directors of a consumers power district may adopt rules and regulations, or bylaws, which are not inconsistent with the provisions of chapters 49-35 to 49-40 , inclusive, for the conduct of the business and affairs of the district. A majority of the members of the bo…

The board of directors of a consumers power district shall elect the officers of the district, who shall be a president, a vice - president, a secretary, and a treasurer, and the board may appoint an executive committee and other officers, including a general manager, agents, ser…

The treasurer, and other officers and employees the board of directors may designate, shall furnish and maintain a corporate surety bond in the amount of twenty thousand dollars. The bond shall be satisfactory in form and with sureties approved by the board. The bond shall be fil…