HB 1027 — update certain citations to federal regulations regarding pipeline safety inspections.

26.81.1826.81.19 101st Legislative Session 1027 South Dakota Legislature House Bill 1027 IntroducedENROLLED by:AN ACT ENTITLED An Act to update certain citations to federal regulations regarding pipeline safety inspections.

The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota An Act to update certain citations to federal regulations regarding pipeline safety inspections.

(2) "Emergency release," a release of a quantity of gas that is great enough toto: pose:

(a) Pose a clear and immediate danger to life, health, or the environment,;environment;

orthator threatens (b) Threaten a significant loss of property;

(3) "Gas," natural gas, liquefied natural gas, flammable gas, gas which that is toxic or corrosive, or liquefied petroleum gas in a distribution systems system;

(4) "Gas pipeline," all parts of those the physical facilities through which gas moves in transportation, including pipe compressor units, delivery stations, fabricated assemblies, holders, metering stations, pipes, regulator stations, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies the facilities;

(5) "Gas pipeline facilities," new and existing pipelines,pipelines and rights-of-way, master meter systems, pipeline facilities within this state, which transport gas from an interstate gas pipeline to a direct sales customer, within this state, purchasing gas for its the customer's own consumption, and any building, equipment, or facility,facility or building used in the transportation of gas, or in the treatment of gas during the course of transportation, within this state;

Overstrikes(7) indicate"Interstate deletedpipeline," language.pipeline facilities used in the transportation of gas, which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C.

26.81.18§§ 2717 1027to (7)717z, "Intrastateinclusive pipeline,"(January 1, 2026), except any 26.81.19 2 1027 pipeline orfacility, thatwithin partthis ofstate, atransporting gas from an interstate gas pipeline to whicha direct sales customer, within this partstate, appliespurchasing thatgas isfor notthe ancustomer's interstateown pipeline;consumption;

(8) "Interstate pipeline," pipeline facilities used in the transportation of gas, which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, United States Code, Title 15, sections 717 to 717z, inclusive, as amended to January 1, 2023, except that it does not include 15 U.S.C.

§§ 717 to 717z, inclusive (January 1, 2026), except any pipeline facilities facility, within this state which transport, transporting gas from an interstate gas pipeline to a direct sales customer, within this state, purchasing gas for its the customer's own consumption;

(9) "Liquefied natural gas," natural gas or synthetic gas having methane (CH4) as its major constituentconstituent, that, which has been changed to a liquid or semisolid;

(10) "Master meter system," any pipeline system for distributing gas within a definable area, such as a mobile home park, housing project, or an apartment complex, housing project, mobile home park, or other definable area, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system and the gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by rents or other means,means; such as by rents;

(12) "Release," a spilling, leaking, pumping, pouring, emitting, emptying, any discharging, injecting, leaching, dumping, disposing, dumping, emitting, emptying, flowing, injecting, leaching, leaking, pouring, pumping, spilling, or any uncontrolled escape escaping of a gas from a pipeline;

and (13) "Transportation of gas," the distribution, gathering, or transmission,transmission or distribution of gas by pipeline, or the storage of gas.

ThereThe isfederal createdsafety astandards pipelineas safetyset inspectionforth program.in 49 C.F.R.

Theparts federal191 safetyto standards193, adoptedinclusive, as199, Codeand ofappendices Federalto Regulations, title 49 appendix, parts 191,191 192, 193, and 199192 as(January amended1, to2026), Januaryare 1,adopted 2023 as setsafety forthstandards infor 49this C.F.R.chapter.

partsThe 191commission toshall 193,establish inclusive,and 199,implement anda appendicespipeline tosafety partsinspection 191program andto 192enforce (Januarythese 1,safety 2026),standards arein adopteda asmanner minimumthat safetyfully standardscomplies with requirements for thisstate chapter.certification pursuant to 49 U.S.C.

The commission shall establish and Overstrikes indicate deleted language.

26.81.18 3 1027 implement a compliance pipeline safety inspection program to enforce these safety standards.

The program shall be established and implemented in a manner that fully complies with requirements for state certification under the United States Code, title 49, section 60105, as amended to January 1, 2023 pursuant to 49 U.S.C.

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

The standards may apply to the construction, design, installation extension, inspection, installation, maintenance, operation, replacement, and testing,testing construction, extension, operation, replacement, and maintenance of gas pipeline facilities.

Standards affecting the design, installation, construction, design, initial inspection, and initial testing, and installation do not HB1027 ENROLLED 26.81.19 3 1027 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 must be practicable and designed to meet the need for pipeline safety.

(4) The extent to which the each standard will contribute to public safety;

and (5) The existing standards established by the secretary of the United States Department of Transportation pursuant to the49 UnitedU.S.C. States Code, title 49, section 60101 et seq.

as amended to January 1, 2023 49 U.S.C.

No A person is not subject to civil penalties under this chapter if prior civil penalties have been imposed underpursuant theto United49 StatesU.S.C. Code, title 49, section 60101 et seq.

as amended to January 1, 2023 pursuant to 49 U.S.C.

Nothing in this chapter limits the powers of the commission,commission or precludes the pursuit of any other administrative, civil, criminal, or injunctive,injunctive or criminal remedies remedy by the Overstrikescommission indicateor deletedany language.other person.

26.81.18Administrative 4remedies 1027need commissionnot orbe anyexhausted otherto person.proceed under this chapter.

Administrative remedies need not be exhausted in order to proceed under this chapter.

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 Unitedprovisions Statesof Code,49 titleU.S.C. 49, section 60101 et seq.

as§§ amended60101 to January60143, inclusive (January 1, 20232026), provisionsand ofany 49federal U.S.C.pipeline safety regulations promulgated with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification.

§§If 60101the commission agrees to 60143,serve inclusiveas (Januaryan 1,agent 2026),for andthe anyDepartment federalof pipelineTransportation, safetythe regulationscommission promulgatedmust, theretoto withthe respectextent toauthorized interstateby gasfederal pipelineslaw, locatedinspect withinpipelines thisin state,the state as necessaryauthorized toby obtain§ annual49-34B-3 federaland certification.other applicable provisions of this chapter.

The If the commission agrees to serve as an agent for the Department of Transportation, the commission shall must, to the extent authorized by federal law, inspect pipelines in the state as authorized by the § 49-34B-3 and other applicable provisions of this chapter.

HB1027 ENROLLED 26.81.19 4 1027 49-34B-15.

The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to the49 UnitedU.S.C. States Code, title 49, section 60101 et seq.