CHAPTER 247

(SB 21)

Pipeline safety inspection program, references to federal law updated.

         ENTITLED, An Act to  update certain citations to federal regulations regarding the pipeline safety inspection program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 49-34B-2 be amended to read as follows:

     49-34B-2.   Any rural gathering facility as defined in 49 C.F.R. 192.1(b) (2) as of January 1, 2003 2005 , is exempt from this chapter.

     Section  2.  That § 49-34B-3 be amended to read as follows:

     49-34B-3.   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, 2003 2005 , are adopted as minimum safety standards for this chapter. The commission shall establish and implement a compliance 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, 2003 2005 .

     Section  3.  That § 49-34B-4 be amended to read as follows:

     49-34B-4.   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, 2003 2005 .

     Section  4.  That § 49-34B-13 be amended to read as follows:

     49-34B-13.   No person is subject to civil penalties under this chapter if prior civil penalties have been imposed under the United States Code, title 49, section 60101 et seq. as amended to January 1, 2003 2005 , for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of the commission, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the commission or any other person. Administrative remedies need not be exhausted in order to proceed under this chapter. The remedies provided by this chapter are in addition to those provided under existing statutory or common law.

     Section  5.  That § 49-34B-14 be amended to read as follows:

     49-34B-14.   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 United States Code, title 49, section 60101 et seq. as amended to January 1, 2003 2005 , and any federal pipeline safety regulations promulgated thereto with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification. The commission shall, to the extent authorized by federal law, inspect pipelines in the state as authorized by the provisions of this chapter.

     Section  6.  That § 49-34B-15 be amended to read as follows:

     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 the United States Code, title 49, section 60101 et seq. as amended to January 1, 2003 2005 , and federal rules adopted to implement those acts. If the Department of Transportation delegates inspection authority to the state as provided in this section, the commission shall do what is necessary to carry out its delegated federal authority.

     Section  7.  That § 49-34B-19 be amended to read as follows:

     49-34B-19.   The commission may promulgate pipeline inspection and safety rules pursuant to chapter 1-26 to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by the United States Code, title 49, section 60101 et seq. as amended to January 1, 2003 2005 .

     Section  8.  That § 49-34B-22 be amended to read as follows:

     49-34B-22.   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, 2003 2005 , or that is granted by chapter 37-29 is confidential for the purpose of that section, except that the information may be disclosed to the commission or commission employee or agent concerned with enforcing this chapter. Nothing in this section authorizes the withholding of information by the commission from a committee of the Legislature.

     Signed February 1, 2005

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