49-34B-1. Definition of terms. Terms used in this chapter mean: (1)”Commission,” the Public Utilities Commission; (2)”Emergency release,” a release of a quantity of gas that is great enough to pose a clear and immediate danger to life, health, environment, or that threatens a significant loss of property; (3)”Gas,” natural gas, liquefied natural gas, flammable gas, […]
49-34B-10. Calculating inspection fee for intrastate operators. For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual […]
49-34B-11. Initial inspection fee for intrastate operators–Filing objection–Delinquency fee–Fees credited to pipeline safety account. An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of […]
49-34B-12. Civil penalty for violations–Maximum penalties–Penalties credited to pipeline safety account–Interstate facilities exempt. Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two […]
49-34B-13. Conduct in violation of federal act–Authority of commission to pursue remedies. No person is subject to civil penalties under this chapter if prior civil penalties have been imposed under the United States Code, title 49, section 60101 et seq. as amended to January 1, 2021, for conduct that may give rise to a violation […]
49-34B-14. Commission as agent of United States Department of Transportation in regulating interstate pipelines. The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the United States Code, title 49, section 60101 et seq. as amended […]
49-34B-15. Designation of commission’s inspectors as federal agents. The commission may seek and accept federal designation of the commission’s pipeline inspectors as federal agents for the purposes of inspection pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2021, and federal rules adopted to implement those acts. […]
49-34B-16. Inspection fee for interstate operators–Objections to fee–Fees deposited in pipeline safety account. From each pipeline operator subject to the interstate pipeline inspection authority granted under this chapter, the commission shall assess and collect an inspection fee in an amount calculated under §49-34B-17. The inspection fee shall be assessed annually. The operator may, within thirty […]
49-34B-17. Calculation of interstate operator’s inspection fee. For each inspection fee assessed to interstate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific interstate gas pipeline facilities shall be directly charged to the appropriate pipeline operators on an […]
49-34B-18. Initial inspection fee for interstate operators–Filing objections–Hearings–Delinquency fee. Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission’s estimated costs of its first six months of operation as a federal agent. The initial inspection fee […]
49-34B-19. Promulgation of inspection and safety rules. The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26, to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by the United States Code, title […]
49-34B-20. Promulgation of rules for calculation, assessment, and collection of fees. The commission may promulgate rules pursuant to chapter 1-26 governing the calculation, assessment, and collection of the fees imposed in §§49-34B-9 to 49-34B-11, inclusive, and 49-34B-16 to 49-34B-18, inclusive. Source: SL 1994, ch 357, §19.
49-34B-21. Accident report available in judicial proceedings. Any accident report related to pipeline safety made by an employee or agent of the commission is available for use in any civil, criminal, or other judicial proceeding arising out of the accident. The employee or agent may be required to testify in the proceedings as to the […]
49-34B-22. Trade secrets information confidential. All information reported to or obtained by the commission under this chapter that contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as amended to January 1, 2019, or that is granted by chapter 37-29 is confidential for the purpose of that […]
49-34B-23. Acceptance of federal moneys. The commission may accept any moneys made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas by pipelines in accordance with federal law. Any […]
49-34B-24. Waiver of compliance with standards–Reasons to be stated. Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commission may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commission deems appropriate, waive in whole or in […]
49-34B-25. Damaging or tampering with sign or line markers prohibited–Violation as misdemeanor. No person may deface, mar, damage, remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a pipeline. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor. Source: SL 1994, ch […]
49-34B-26. Prohibition against disposing of, destroying or altering pipeline involved in emergency release–Violation as felony. After an emergency release from a pipeline has occurred, no pipeline operator, or its employee or agent, may dispose of, destroy, or alter the part of a pipeline that was involved in the emergency release until approval is granted by […]
49-34B-27. Powers of commission in enforcement of chapter. The commission may, to the extent necessary to carry out the enforcement responsibilities of this chapter, conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct research, testing, development, demonstration, and training activities. Source: SL 1994, ch […]
49-34B-3. Pipeline safety inspection program created–Compliance program. There is created a pipeline safety inspection program. The federal safety standards adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended to January 1, 2021, are adopted as minimum safety standards for this chapter. The commission shall establish and implement […]
