An Act to establish a moratorium on the construction of carbon dioxide pipelines in this state and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 49-41B:

The commission may not issue a permit to an applicant for a transmission facility intended to transport carbon dioxide unless:

(1) The Pipeline and Hazardous Materials Safety Administration has adopted final pipeline safety rules consistent with its proposed rulemaking designated Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines, Notice of Proposed Rulemaking, RIN 2137-AF60 (January 10, 2025);

(2) The commission has verified that the submitted application complies with the finalized rules described in subdivision (1) of this section; and

(3) The application complies with any other condition or requirement imposed by the commission, as necessary to preserve public safety.

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Section 2. Section 1 of this Act is repealed upon certification by the attorney general to the South Dakota Code Commission that the proposed rules described in subdivision (1) of section 1 of this Act have been finalized and adopted by the Pipeline and Hazardous Materials Safety Administration.