S.D. Codified Laws § 34-53-1

Current through the 2024 Legislative Session

Section 34-53-1 - [Repealed effective 6/30/2025] Definitions

Terms used in this chapter mean:

(1) "Action notice," the director's communication of a decision on a claim;

(2) "Civil recoveries," funds received by the state or a political subdivision from a third party, other than a pipeline company, as a result of violations of the law and transferred to the fund from the riot boosting recovery fund;

(3) "Claim," an invoice submitted to the director of the PEACE fund by the state or a political subdivision for an extraordinary expense;

(4) "Department," the Department of Public Safety;

(5) "Director," the director of the Division of Emergency Services within the Department of Public Safety;

(6) "Extraordinary expense," a reasonable and legitimate cost incurred by the state or a political subdivision to prepare for, respond to, or which arises from opposition to a project that would not have been incurred but for pipeline construction, and is incurred due to the:

(a) Performance of activities of law enforcement officers as defined in § 23-3-27;

(b) Performance of functions arising from pipeline construction that are included in § 34-48A-1 notwithstanding the lack of an emergency declaration; or

(c) Prosecution of criminal offenses, including the cost of pretrial confinement and post-conviction sentences in a county jail facility.

The term does not include any expense incurred by a private cooperative or business entity; workers' compensation or disability benefits for employees of this state or political subdivisions arising out of injuries incurred in the course of employment; or costs associated with or resulting from the call to active duty, mobilization, or service of the National Guard;

(7) "Oil product," any oil, including unrefined oil, oil produced from oil sand deposits, diluted bitumen, or crude oil;

(8) "PEACE fund," the pipeline engagement activity coordination expenses fund;

(9) "Pipeline," all parts of physical facilities through which any oil product is carried within this state, including pipe, valves, other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;

(10) "Pipeline company," a person or entity who is the owner of a project or holds a permit from the Public Utilities Commission for a project;

(11) "Pipeline construction," the engagement in any activity following the project commencement date in furtherance of a project by a pipeline company, or those acting on its behalf, within this state;

(12) "Political subdivision," a county or municipality;

(13) "Project," the installation of a pipeline greater than twelve inches in diameter, or the construction of a supporting facility in furtherance of carrying any oil product by a pipeline company. The term does not include routine maintenance of a pipeline or supporting facility in operation as of March 27, 2019;

(14) "Project commencement date," the date that occurs after:

(a) A project receives its regulatory permit;

(b) No court-imposed impediments on the project exist; and

(c) Preparation of the pipeline right-of-way or the ground for a supporting facility commences.

Notwithstanding subsections (a) to (c) of this subdivision, the secretary may issue an administrative notice, which is not reviewable, deeming pipeline construction to have begun for purposes of this chapter;

(15) "Project completion date," the date on which pipeline construction concludes so that any oil product carried through a pipeline from an originating station fills the entire length of a completed pipeline and permanent pump stations within this state;

(16) "Secretary," the secretary of the Department of Public Safety;

(17) "Special fee," a fee billed to and paid by a pipeline company to defray administrative costs and extraordinary expenses;

(18) "State," this state or any agency of the state that is vested with the authority to exercise any portion of the state's sovereignty or with law enforcement authority;

(19) "Supporting facility," a structure necessary and ancillary to a pipeline, including a pressure pump station, housing facility for project personnel, storage area for tangible property, or other temporary structure of a pipeline company or its agent.

SDCL 34-53-1

SL 2019, ch 157, §1, eff. Mar. 27, 2019.

Added by S.L. 2019, ch. 157,s. 1, eff. 3/27/2019.

This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.