Section 34-53-17 – Contract between state and pipeline company.
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 (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.) […]
Section 34-53-18 – Promulgation of rules.
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 (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.)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.
Section 34-53-4 – Request for pre-approval of anticipated claim for extraordinary expense.
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 […]
Section 34-53-5 – Approval or denial of claim or request for pre-approval.
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, […]
Section 34-53-6 – Time for submission and approval of claim or request for pre-approval.
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 […]
Section 34-53-7 – Department and pipeline company coordination of claims and requests for pre-approval.
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. […]
Section 34-53-8 – Reimbursements to be deposited in PEACE fund.
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. […]
Section 34-53-9 – Pipeline company objection to approval or denial of claim–Review–Appeal.
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 […]
Section 34-53-10 – Pipeline company initial deposit into PEACE fund–Return of balance after project completion.
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 […]
Section 34-53-11 – Calculation and billing of special fees.
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 […]