34-53-1. Definitions. Terms used in this chapter mean: (1)”Action notice,” the director’s communication of a decision on a claim; (2)”Civil recoveries,” funds received by the state or a political subdivision from a third party, other than a pipeline company, as a result of violations of the law and transferred to the fund from the riot […]
34-53-10. Pipeline company initial deposit into PEACE fund–Return of balance after project completion. Within twenty days of a project commencement date, the pipeline company shall make an initial deposit to the PEACE fund equal to five percent of the bond required under §34-53-13. The project account and fund may only be used in accordance with […]
34-53-11. Calculation and billing of special fees. On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 […]
34-53-12. Special fee as continuing lien on pipeline company property. Any special fee billed under §34-53-11, including any computed interest, is a continuing lien on all property owned by the pipeline company within this state until the total special fee is paid in full or otherwise finally resolved. The secretary of the Department of Revenue […]
34-53-13. Pipeline company to furnish surety bond. A pipeline company shall furnish a surety bond to the Department of Revenue written by a company authorized by the Division of Insurance to write surety bonds, in an amount of one million dollars for every ten miles affected by a project, but not in excess of twenty […]
34-53-14. Cease and desist order for noncompliance. In addition to any other remedy provided by law, if a pipeline company fails to meet the requirements of this chapter, the secretary may order the pipeline company, and any person acting on the pipeline company’s behalf, to issue a full, partial, or conditional cease and desist from […]
34-53-15. Title to surety bond vested in the state. All right and title in any surety bond furnished under §34-53-13 is vested with the state. The surety bond does not constitute an asset of a pipeline company that is required to furnish the surety bond under §34-53-13, and may not be canceled, assigned, revoked, disbursed, […]
34-53-16. Discretion of secretary. The secretary may instruct the director to: (1)Withhold, delay, suspend, or reduce any monthly billing to a pipeline company, if the secretary has cause to anticipate the receipt of an additional deposit from a source other than a pipeline company; (2)For good cause shown, review any claim that is submitted to […]
34-53-17. Contract between state and pipeline company. Nothing in this chapter prevents the state and a pipeline company from entering into any contract or other agreement, provided the terms of the contract or agreement are not inconsistent with this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.) […]
34-53-18. Promulgation of rules. The secretary may promulgate rules in accordance with chapter 1-26 to implement the provisions of this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.) Source: SL 2019, ch 157, §18, eff. Mar. 27, 2019.
34-53-2. PEACE fund established. There is established in the state treasury the PEACE fund. Money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state or a political subdivision, arising out of or in connection with pipeline construction. Any interest earned on money in the fund shall be […]
34-53-3. Claim for extraordinary expense–Records. The state or a political subdivision may submit a claim for extraordinary expense to the director for disbursement from the PEACE fund in accordance with this chapter. Each claim under this section shall be accompanied by a statement of the basis on which it is made, and true and accurate […]
34-53-4. Request for pre-approval of anticipated claim for extraordinary expense. The state or a political subdivision may submit a request for pre-approval of an anticipated claim for extraordinary expense to the PEACE fund in accordance with this chapter. Each request for pre-approval submitted under this section shall be accompanied by a statement of the basis […]
34-53-5. Approval or denial of claim or request for pre-approval. The director shall approve or deny, in whole or in part, any claim submitted under §34-53-3 or any request submitted under §34-53-4. The director may condition any claim for extraordinary expense at the director’s discretion. The director shall issue an action notice to the state, […]
34-53-6. Time for submission and approval of claim or request for pre-approval. A claim under §34-53-3 may be submitted to the director only after the project commencement date. A request under §34-53-4 may be submitted on or after March 27, 2019. A claim under §34-53-3 shall be submitted to the director within forty-five days of […]
34-53-7. Department and pipeline company coordination of claims and requests for pre-approval. The department shall communicate with the pipeline company to review any claim or request for pre-approval made to the PEACE fund under §34-53-3 or 34-53-4. A pipeline company shall designate in writing three official representatives who are authorized to coordinate with the department. […]
34-53-8. Reimbursements to be deposited in PEACE fund. If the state or a political subdivision receives payment from the PEACE fund for an extraordinary expense, and subsequently receives reimbursement through restitution, judgment, settlement, contribution, or other funding for the expense from any other source, except civil recoveries, the reimbursement shall be deposited into the fund. […]
34-53-9. Pipeline company objection to approval or denial of claim–Review–Appeal. A pipeline company that disputes the approval or denial, in whole or in part, of a claim under §34-53-5 may, within ten days of the date of the action notice, submit its objection in good faith, together with a statement of the basis for the […]
