Define a commodity for the purpose of qualifying as a common carrier.
Impact
The passage of HB 1133 will have implications on how pipeline companies operate within South Dakota. By defining what constitutes a commodity under this framework, the bill enables certain businesses to qualify for common carrier status while safeguarding them from obligations linked to the transport of materials that fall under the exclusions. Such a clarification may provide operational certainty and stimulate investment in pipeline infrastructure, thus possibly influencing market dynamics and regulatory compliance for transport operators in the state.
Summary
House Bill 1133 aims to define the term 'commodity' specifically for the purpose of qualifying as a common carrier in South Dakota. The bill outlines that all pipeline companies that present themselves as engaged in the business of transporting commodities for hire by pipeline will be classified as common carriers. It explicitly states that the term 'commodity' excludes products that are either disposed of in geological storage or utilized in a way that permits tax benefits under federal law, specifically referencing 26 U.S.C. ยง 45Q. This definition is intended to clarify the applicability of the legal framework surrounding common carriers in the state.
Sentiment
Discussions around HB 1133 appear to have generally favorable sentiment among industry stakeholders, particularly those within the transportation and pipeline sectors, who view the bill as a beneficial move towards regulatory clarity. However, there may be concerns regarding the exemptions included in the definition of commodity, especially among environmental and advocacy groups that may perceive the bill as allowing loopholes for the transport of harmful substances without adequate scrutiny.
Contention
Notable points of contention focus on the exclusions outlined within the bill. Critics may argue that excluding products involved in geological storage or those capitalizing on tax credits could lead to legislative oversights that allow potentially hazardous materials to be transported without proper oversight. Thus, while the bill aims to delineate carrier responsibilities, the implications of such exemptions could foster debates around environmental safety and economic interests in future legislative discussions.