reglab/housing_qa huggingface dataset:
SD Codified L § 49-34A-104 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-104 - Evaluation of use as reasonable and cost effective.

49-34A-104. Evaluation of use as reasonable and cost effective.Before using new renewable, recycled, and conserved energy after July 1, 2008, to meet the objective, the retail provider or the provider's generation supplier shall make an evaluation to determine if the use of new renewable, recycled, and conserved energy is reasonable and cost effective considering other electricity alternatives. After making such an evaluation and considering the state renewable, recycled, and conserved energy objective, the retail provider or the provider's generation supplier may use the electricity alternative that best meets the provider's resource or customer needs. Source: SL 2008, ch 244, §4; SL 2009, ch 241, §4.
SD Codified L § 49-34A-105 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-105 - Annual reports concerning renewable, recycled, and conserved energy objective.

49-34A-105. Annual reports concerning renewable, recycled, and conserved energy objective.Beginning on July 1, 2009, each retail provider shall annually report to the commission on the provider's energy sales during the twelve month period ending on the preceding December thirty-first. This report shall include information regarding qualifying electricity delivered and renewable and recycled energy certificates purchased and retired as a percentage of annual retail sales, the amount of conserved energy as a percentage of annual retail sales, and a brief narrative report that describes steps taken to meet the state renewable, recycled, and conserved energy objective over time and identifies any challenges or barriers encountered in meeting the objective. The last annual report shall be made on July 1, 2017. The commission shall make the data and narrative reports available and accessible to the public on the internet. The commission shall compile the data obtained from the reports and submit the data to the Legislature by the following January first. A distribution cooperative may aggregate the cooperative's reporting through generation and transmission cooperatives and a municipal utility may aggregate the utility's reporting through a municipal power agency. Source: SL 2008, ch 244, §5; SL 2009, ch 241, §5.
SD Codified L § 49-34A-106 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-106 - Purchase and retirement of renewable energy and recycled energy credits.

49-34A-106. Purchase and retirement of renewable energy and recycled energy credits.A portion or all of the renewable energy and recycled energy objective may be met by the purchase and retirement of renewable energy and recycled energy certificates representing credits from a qualified source and facility pursuant to §§49-34A-101 to 49-34A-106, inclusive. Renewable energy and recycled energy certificates do not need to be acquired from an in-state facility. Source: SL 2008, ch 244, §6.
SD Codified L § 49-34A-107 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-107 - Separation and protection of assets of gas and electric utilities.

49-34A-107. Separation and protection of assets of gas and electric utilities.Unless the commission otherwise orders:(1)A public utility shall hold all owned or operated public utility assets in one or more legal entities separate and segregated from the legal entities of any nonutility subsidiaries or affiliates;(2)All secured debt of a public utility may be used only for public utility purposes. If more than twenty percent of a public utility's secured assets are divested, the debt shall follow the assets or be retired in the same proportion as the divested assets; and(3)No public utility may extend credit to any of its nonutility subsidiaries or affiliates, pledge the assets of the public utility as collateral for the use or benefit of any of its nonutility subsidiaries or affiliates, or guarantee any debt or obligations of any of its nonutility subsidiaries or affiliates.Any public utility which does not comply with the provisions of this section shall have two years within which to become compliant. Notwithstanding any provision of this section, after notice and opportunity for hearing, the commission may grant a waiver of any provision of this section if the commission finds a waiver would not pose an undue risk to the operation of the public utility and is in the public interest. Source: SL 2008, ch 245, §1.
SD Codified L § 49-34A-108 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-108 - Electric utility to file rates for purchases of electricity produced by small renewable power facilities.

49-34A-108. Electric utility to file rates for purchases of electricity produced by small renewable power facilities.Each electric utility shall file with the commission the electric utility's minimum rates for purchases of electricity generated from renewable resources, as defined by §49-34A-94, and produced by a small renewable power facility that has a capacity of one hundred kilowatts or less. Except for a public utility's standard avoided cost rates set pursuant to the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2010, a rate filed under this section is not subject to commission approval. Source: SL 2010, ch 224, §1.
SD Codified L § 49-34A-109 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-109 - Definitions.

49-34A-109. Definitions.Terms used in §§49-7A-15, 43-13-25, and 49-34A-109 to 49-34A-111, inclusive, mean:(1)"Farm tap," a natural gas piping connection to an interstate or intrastate transmission pipeline, that is made available to a farm tap customer;(2)"Farm tap customer," a person who receives natural gas through a farm tap distribution system;(3)"Farm tap distribution system," a customer owned pipeline system that extends from an interstate or intrastate transmission pipeline to deliver natural gas to a farm tap customer; and(4)"Farm tap service provider," any third party provider of farm tap distribution system services to:(a)A farm tap customer; or(b)An interstate or intrastate natural gas transmission pipeline holding one or more farm tap easements. Source: SL 2017, ch 197, §1.
SD Codified L § 49-34A-110 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-110 - Responsibility for safety and reliability of farm tap distribution system.

49-34A-110. Responsibility for safety and reliability of farm tap distribution system.The farm tap customer is responsible for the safety and reliability of the farm tap distribution system, unless the farm tap customer has contracted with or transferred ownership of his farm tap distribution system to a farm tap service provider pursuant to a written agreement which expressly transfers the responsibility for the safety and reliability of the farm tap distribution system to the farm tap service provider. Source: SL 2017, ch 197, §3.
SD Codified L § 49-34A-111 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-111 - Liability of farm tap service provider.

49-34A-111. Liability of farm tap service provider.The farm tap service provider is not liable for damages related to or arising out of a farm tap or a farm tap distribution system, unless the damages are solely caused by the negligence of the farm tap service provider. Source: SL 2017, ch 197, §4.
SD Codified L § 49-34B-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-3 - Pipeline safety inspection program created--Compliance program.

49-34B-3. Pipeline safety inspection program created--Compliance program. 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, 2021, 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, 2021. Source: SL 1994, ch 357, §2; SL 1995, ch 264, §2; SL 1997, ch 268, §2; SL 1999, ch 230, §2; SL 2001, ch 258, §2; SL 2003, ch 240, §2; SL 2005, ch 247, §2; SL 2007, ch 273, §3; SL 2009, ch 242, §3; SL 2010, ch 225, §3; SL 2011, ch 210, §3; SL 2012, ch 231, §3; SL 2016, ch 226, §3; SL 2019, ch 199, §2; SL 2021, ch 201, § 1.
SD Codified L § 49-34B-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-4 - Promulgation of safety standards--Considerations.

49-34B-4. Promulgation of safety standards--Considerations. 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, 2021. 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.
SD Codified L § 49-34B-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-5 - Noncompliance--Hearing--Corrective action.

49-34B-5. Noncompliance--Hearing--Corrective action.Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If the commission finds, after notice and opportunity for hearing, that a person has failed to comply with any applicable safety standard, the commission may order the person to take necessary corrective action to comply with the standard. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. The commission may issue an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life, health, environment, or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order. Source: SL 1994, ch 357, §4.
SD Codified L § 49-34B-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-6 - Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.

49-34B-6. Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.The commission may require any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities subject to the provisions of this chapter to file with the commission a plan for inspection and maintenance of each such facility owned or operated by the person, and any changes in the plan, in accordance with the rules promulgated by the commission pursuant to chapter 1-26. On finding that the plan is inadequate to achieve safe operation, the commission shall, after notice and opportunity for a hearing, require the plan to be revised. In determining the adequacy of the plan, the commission shall consider:(1)Relevant available pipeline safety data;(2)Whether the plan is appropriate for the particular type of pipeline transportation of gas;(3)The reasonableness of the plan; and(4)The extent to which the plan will contribute to public safety. Source: SL 1994, ch 357, §5.
SD Codified L § 49-34B-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-7 - Required records and information--Inspection by employee or agent of commission.

49-34B-7. Required records and information--Inspection by employee or agent of commission.Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall establish, maintain, and provide such records, reports, and information as the commission may require to determine whether the person has complied with the provisions of this chapter and the standards established under this chapter. Any such person shall, upon request of an employee or agent authorized by the commission, permit the employee or agent to inspect facilities, books, papers, records, and documents relevant to determining whether the person has complied with this chapter and the standards established pursuant to this chapter. Any employee or agent of the commission, upon presenting appropriate credentials to the individual in charge, may enter upon and inspect gas pipeline facilities at reasonable times and in a reasonable manner. Source: SL 1994, ch 357, §6.
SD Codified L § 49-34B-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-8 - Programs for prevention of damage.

49-34B-8. Programs for prevention of damage.The commission shall encourage and promote programs designed to prevent damage to natural gas pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity. Source: SL 1994, ch 357, §7.
SD Codified L § 49-34B-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-9 - Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.

49-34B-9. Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.From each pipeline operator subject to the intrastate pipeline inspection authority under this chapter, the commission shall assess and collect an inspection fee in an amount calculated according to §49-34B-10. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of inspection fees. The inspection fee shall be assessed annually. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account which is hereby established in the state treasury. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter. Source: SL 1994, ch 357, §8; SL 2007, ch 273, §5.
SD Codified L § 49-34B-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-10 - Calculating inspection fee for intrastate operators.

49-34B-10. Calculating inspection fee for intrastate operators.For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to intrastate gas distribution facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the number of meters in service on the preceding December thirty-first. For all expenses not directly attributable to intrastate gas transmission and gathering facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator. For all expenses not directly attributable to intrastate liquefied petroleum gas facilities, the commission shall assess each pipeline operator for a pro rata share of expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator, until the commission adopts a rule providing for metered billing of facilities carrying liquefied petroleum gas. Source: SL 1994, ch 357, §9; SL 2007, ch 273, §6.
SD Codified L § 49-34B-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-11 - Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.

49-34B-11. Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of meters or miles of line, whichever is applicable, which are in service on December 31, 1993. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of the initial inspection fee. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account established in §49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter. Source: SL 1994, ch 357, §10.
SD Codified L § 49-34B-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-12 - Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

49-34B-12. Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed two million dollars for any related series of violations. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to §49-34B-9. This section does not apply to interstate gas pipeline facilities. Source: SL 1994, ch 357, §11; SL 2012, ch 231, §5; SL 2019, ch 199, §4.
SD Codified L § 49-34B-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34B - Pipeline Safety|Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.

49-34B-13. Conduct in violation of federal act--Authority of commission to pursue remedies. 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, 2021, 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. Source: SL 1994, ch 357, §12; SL 1995, ch 264, §4; SL 1997, ch 268, §4; SL 1999, ch 230, §4; SL 2001, ch 258, §4; SL 2003, ch 240, §4; SL 2005, ch 247, §4; SL 2007, ch 273, §7; SL 2009, ch 242, §5; SL 2010, ch 225, §5; SL 2011, ch 210, §5; SL 2012, ch 231, §6; SL 2016, ch 226, §5; SL 2019, ch 199, §5; SL 2021, ch 201, § 3.