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State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
| 183Y0486 | HOUSE ENGROSSED NO. SB 104 - 3/6/2017 |
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Introduced by: Senators Bolin, Frerichs, and Otten (Ernie) and Representatives Anderson,
Ahlers, Jensen (Kevin), Latterell, Mills, Otten (Herman), Pischke, and
Willadsen
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FOR AN ACT ENTITLED, An Act to protect certain easement holders and rural customers
from shutoffs by certain energy companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act 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.
Section 2. That chapter 43-13 be amended by adding a NEW SECTION to read:
Section 2. That chapter 43-13 be amended by adding a NEW SECTION to read:
A farm tap easement is an easement for the location, construction, operation or maintenance
of a pipeline which includes, as part of the consideration for the easement, the provision of
natural gas to and for the use of the grantor through a direct connection to the pipeline. In any
court action seeking enforcement of a farm tap easement, a prevailing grantor or successor to
a grantor of a farm tap easement may receive specific performance as a portion of the remedy
from the farm tap easement grantee or its successor.
Section 3. That the code be amended by adding a NEW SECTION to read:
Section 3. That the code be amended by adding a NEW SECTION to read:
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.
Section 4. That the code be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
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.
Section 5. That § 49-7A-15 be amended to read:
49-7A-15.Underground facilities owned or operated by the landowner on his own land
which do not extend beyond the boundary of the private property are not subject to the
provisions of this chapter Any person owning or operating underground facilities, including a
Section 5. That § 49-7A-15 be amended to read:
49-7A-15.
farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an operator pursuant to chapter 49-7A.
