An Act to require hydrogen pipelines to be permitted by the Public Utilities Commission.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-41B-2.1 be AMENDED:

49-41B-2.1. For the purposes of this chapter, a transmission facility is:

(1) An electric transmission line and associated facilities with a design of more than one hundred fifteen kilovolts. However, if such a the transmission line is less than two thousand six hundred forty feet, does not cross any public highway, and eminent domain is not used to obtain right of way, the transmission line is not a transmission facility for purposes of this chapter; or

(2) A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, hydrogen, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide, excluding any gas or liquid transmission lines or associated facilities which meet any of the following criteria:

(a) Lines or facilities that are used exclusively for distribution or gathering;

(b) Steel pipe and associated facilities that cannot be operated at a hoop stress of twenty percent or more of specified minimum yield strength as defined by 49 C.F.R. § 192.3 as of (January 1, 2013 2024,) or plastic pipe and associated facilities that cannot be operated at a design pressure of fifty percent or more as determined by the formula specified in 49 C.F.R. § 192.121 as of (January 1, 2013 2024); or

(c) Pipe which has nominal diameter of less than four inches and not more than one mile of the entire line is constructed outside of public right-of-way.

Nothing in this section precludes a utility from applying to the commission for a permit for the construction of an electric transmission line and associated facilities with a design of one hundred fifteen kilovolts or less. For the purposes of this chapter such electric The transmission line and associated facilities is a transmission facility for the purposes of this chapter.