South Dakota’s Bill Regulating Carbon Pipelines Inches Closer to Becoming Law

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South Dakota’s Bill Regulating Carbon Pipelines Inches Closer to Becoming Law

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State Seal of the State of South Dakota, in the Black Hills, near Mount Rushmore National Memorial (© Shutterstock/Joseph Sohm)
State Seal of the State of South Dakota, in the Black Hills, near Mount Rushmore National Memorial (© Shutterstock/Joseph Sohm)

South Dakota’s senate bill seeking to regulate pipelines and surcharging companies has passed the House Commerce and Energy Committee, inching closer to becoming a law.

As reported by a BBC World’s affiliated outlet, the South Dakota Public Broadcasting, the bill aiming to regulate pipelines and allow counties to impose surcharges on certain companies passed the House Commerce and Energy Committee approval on Monday in an 8-5 vote.

Sponsored by Republican Majority Leader Will Mortenson, Senate Bill 201 establishes new regulatory requirements for pipelines in the state.

It also allows counties crossed by pipelines to collect a surcharge, capped at $1 per foot, as long as the companies utilize federal 45Q tax credits.

The bill has drawn criticism for potentially infringing on local control as a provision within the bill removes the authority of counties and townships to establish setback distances for pipelines.

Mortenson acknowledged the bill wouldn't satisfy everyone but emphasized its attempt to balance competing interests.

"We have competing interests here, and so, are we going to be able to satisfy all of them? No. No, we're not," Mortenson stated.

Opponents, including lawyer Brian Jorde, argue the bill undermines local control and expertise.

Jorde, representing landowners in past pipeline permit hearings, stated, "This pipeline could've been built two years ago if they had just treated people fairly and respected counties... This bill disrespects counties, disrespects people."

The amended bill now advances to the House floor for further consideration.

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