49-34B-4. Promulgation of safety standards--Considerations.
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 design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:
(1)Relevant available pipeline safety data;
(2)Whether the standards are appropriate for the particular type of pipeline transportation of gas;
(3)The reasonableness of any proposed standards;
(4)The extent to which the standard will contribute to public safety; and
(5)The existing standards established by the secretary of the United States Department of Transportation pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2021.
Source: SL 1994, ch 357, §3; SL 1995, ch 264, §3; SL 1997, ch 268, §3; SL 1999, ch 230, §3; SL 2001, ch 258, §3; SL 2003, ch 240, §3; SL 2005, ch 247, §3; SL 2007, ch 273, §4; SL 2009, ch 242, §4; SL 2010, ch 225, §4; SL 2011, ch 210, §4; SL 2012, ch 231, §4; SL 2016, ch 226, §4; SL 2019, ch 199, §3; SL 2021, ch 201, § 2.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Section 49-34B-1 - Definition of terms.
Section 49-34B-3 - Pipeline safety inspection program created--Compliance program.
Section 49-34B-4 - Promulgation of safety standards--Considerations.
Section 49-34B-5 - Noncompliance--Hearing--Corrective action.
Section 49-34B-7 - Required records and information--Inspection by employee or agent of commission.
Section 49-34B-8 - Programs for prevention of damage.
Section 49-34B-10 - Calculating inspection fee for intrastate operators.
Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.
Section 49-34B-15 - Designation of commission's inspectors as federal agents.
Section 49-34B-17 - Calculation of interstate operator's inspection fee.
Section 49-34B-19 - Promulgation of inspection and safety rules.
Section 49-34B-20 - Promulgation of rules for calculation, assessment, and collection of fees.
Section 49-34B-21 - Accident report available in judicial proceedings.
Section 49-34B-22 - Trade secrets information confidential.
Section 49-34B-23 - Acceptance of federal moneys.
Section 49-34B-24 - Waiver of compliance with standards--Reasons to be stated.
Section 49-34B-27 - Powers of commission in enforcement of chapter.