34-53-4. Request for pre-approval of anticipated claim for extraordinary expense.
The state or a political subdivision may submit a request for pre-approval of an anticipated claim for extraordinary expense to the PEACE fund in accordance with this chapter. Each request for pre-approval submitted under this section shall be accompanied by a statement of the basis on which the request is made and a description of the anticipated extraordinary expense in sufficient detail to allow the director to reasonably review the request.
If a request submitted under this section is approved, the state or political subdivision shall provide the director with the same documentation as required for a claim submitted under §34-53-3 after the extraordinary expense is incurred. The director shall review the documents provided under this section to determine whether the expenditure is consistent with the pre-approval decision and issue an action notice regarding the director's determination. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.)
Source: SL 2019, ch 157, §4, eff. Mar. 27, 2019.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 53 - Expenses Arising Out Of Pipeline Construction
Section 34-53-1 - Definitions.
Section 34-53-2 - PEACE fund established.
Section 34-53-3 - Claim for extraordinary expense--Records.
Section 34-53-4 - Request for pre-approval of anticipated claim for extraordinary expense.
Section 34-53-5 - Approval or denial of claim or request for pre-approval.
Section 34-53-6 - Time for submission and approval of claim or request for pre-approval.
Section 34-53-8 - Reimbursements to be deposited in PEACE fund.
Section 34-53-9 - Pipeline company objection to approval or denial of claim--Review--Appeal.
Section 34-53-11 - Calculation and billing of special fees.
Section 34-53-12 - Special fee as continuing lien on pipeline company property.
Section 34-53-13 - Pipeline company to furnish surety bond.
Section 34-53-14 - Cease and desist order for noncompliance.
Section 34-53-15 - Title to surety bond vested in the state.
Section 34-53-16 - Discretion of secretary.
Section 34-53-17 - Contract between state and pipeline company.