South Dakota 2022 Regular Session

South Dakota Senate Bill SB204

Introduced
2/2/22  

Caption

Establish a process for the abandonment of certain pipelines.

Impact

The bill affects the state's legal framework related to pipeline management and environmental conservation. By mandating procedures for pipeline abandonment and the associated restoration of land, it aims to mitigate potential damages caused by neglected pipelines. The legislation also emphasizes accountability by requiring pipeline owners to submit detailed abandonment plans to the Public Utilities Commission, which must include provisions for reclamation and can impose financial assurances to cover restoration costs should the pipeline owner fail to fulfill their obligations.

Summary

Senate Bill 204 establishes a comprehensive process for the abandonment of certain pipelines in South Dakota. The bill defines abandoned pipelines as those that have not transported liquid hydrocarbons, products, or carbon dioxide for a continuous period of five years. Upon abandonment, pipeline owners are required to notify landowners where they hold easements and provide them with details about their rights to reclaim land and options available for mitigating the impacts of abandonment. This transparency aims to protect property owners' interests and ensure proper land management following the retirement of a pipeline.

Contention

Key points of contention surrounding SB204 involve concerns over the balance between facilitating pipeline operations and safeguarding landowner rights. Critics may argue that while the bill improves accountability for pipeline owners, it might not sufficiently prevent environmental harm caused by abandoned pipelines or guarantee all necessary remediation actions are taken. Furthermore, discussions may highlight the implications of financial assurance mechanisms, questioning their adequacy in ensuring that funds will be available for future reclamation needs.

Companion Bills

No companion bills found.

Previously Filed As

SD SB201

Provide new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.

SD HF1073

Disposition of abandoned pipelines provided, and pipeline abandonment plan required.

SD HB1085

Establish a moratorium on the construction of carbon dioxide pipelines in this state.

SD HB1034

Require hydrogen pipelines to be permitted by the Public Utilities Commission.

SD HB1186

Define the requirements for granting a carbon pipeline easement.

SD SB269

Carbon sequestration; modifying jurisdiction over certain injection wells; establishing provisions for establishment of certain CO2 sequestration facilities and storage units. Effective date.

SD SB1568

Corporation Commission; modifying authority over certain injection wells; establishing process for Class VI facility applications and unitization. Effective date.

SD HB1188

Provide for property owner inclusion in the pipeline siting application and condemnation process.

SD SB173

Revise county road abandonment process laws

SD HB1246

Establish a pre-condemnation process and to require reclamation and restoration of property damaged by condemnation.

Similar Bills

VA HB1721

Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

CA SB948

California Environmental Quality Act community plans.

TX SB1009

Relating to the adoption of the Uniform Easement Relocation Act.

AR HB1408

To Create The Uniform Easement Relocation Act.

OK HB1060

Easements; the Oklahoma Uniform Easement Relocation Act of 2025; easement relocation; court orders; effective date.

UT HB0132

Uniform Easement Relocation Act

GA HR1113

Property; granting of nonexclusive easements; authorize

GA HR1085

Property; granting of nonexclusive easements; authorize