An Act to establish a moratorium on the construction of carbon dioxide pipelines in this state.

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

Section 1. That a NEW SECTION be added to chapter 49-41B:

The commission may not issue a permit to an applicant for a transmission facility intended to transport carbon dioxide unless:

(1) The Pipeline and Hazardous Materials Safety Administration has adopted final pipeline safety rules consistent with its proposed rulemaking designated Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines, Notice of Proposed Rulemaking, RIN 2137-AF60 (January 10, 2025);

(2) The commission has verified that the submitted application complies with the finalized rules described in subdivision (1) of this section; and

(3) The application complies with any other condition or requirement imposed by the commission, as necessary to preserve public safety.

Section 2. Section 1 of this Act is repealed upon certification by the attorney general to the South Dakota Code Commission that the proposed rules described in subdivision (1) of section 1 of this Act have been finalized and adopted by the Pipeline and Hazardous Materials Safety Administration.