South Dakota § 49-34B-4 - Safety standards--Promulgation of rules--Considerations.

§ 49-34B-4. Safety standards--Promulgation of rules--Considerations.

The commission may, by rules promulgated pursuant to chapter 1-26, establish safety standards that are not more stringent than federal safety standards, as set forth in § 49-34B-3, for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the construction, design, extension, inspection, installation, maintenance, operation, replacement, and testing of gas pipeline facilities. Standards affecting the construction, design, initial inspection, initial testing, and installation 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 must 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 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 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026).

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; SL 2023, ch 158, § 3; SL 2026, ch 186, § 3.