Referred Law 21: A Legislative Overview
Referred Law 21 in South Dakota has sparked significant debate as it relates to the regulatory landscape of carbon dioxide pipelines, particularly Senate Bill 201 (SB 201). Passed by the South Dakota legislature and signed by Governor Kristi Noem on March 7, 2024, this law is now subject to a veto referendum. A yes vote supports SB 201, whereas a no vote aims to repeal it. The legislation predominantly targets the permitting regulations for carbon dioxide pipelines that traverse state and county lines, positing a major shift in how such infrastructure projects are governed within the state.
Impact on Local Governance and Regulations
The enactment of SB 201 has raised concerns about local control. Many counties in South Dakota previously established ordinances to oversee CO2 pipeline endeavors. However, the new law mandates counties to justify their regulations as reasonable, a requirement that critics argue undercuts local governance. Furthermore, the law prevents local jurisdictions from implementing their specific policies, effectively centralizing authority at the state level and bypassing community-specific considerations that historically guided local pipeline project decisions.
Economic and Environmental Considerations
Economically, SB 201 permits counties to levy a $1 per linear foot surcharge on carbon pipeline companies. This initiative aims to financially benefit the impacted counties by designating at least half of the collected surcharge for property tax reductions for affected landowners. Proponents suggest this financial mechanism would foster economic equity, yet critics contend that it does not adequately compensate for potential local disturbances and risks that could arise from pipeline operations.
Environmentally, the law's implications extend beyond just economic interests. The proposed Summit Carbon Solutions (SCS) pipeline, which would stretch over 2,000 miles and connect 57 ethanol plants across the Midwest, poses significant logistical and environmental challenges. Concerns have emerged about potential leaks from CO2 pipelines and their health risks, given the hazardous nature of carbon dioxide in concentrated forms. Local authorities emphasize the need for control over safety measures like pipeline setbacks and emergency protocols to safeguard communities.
Public and Political Response
The political atmosphere surrounding Referred Law 21 is highly charged, reflected in the national attention it has garnered. The law could reshape the approach to carbon capture and sequestration, pivotal components in reducing atmospheric carbon and meeting climate change objectives. The bill’s journey through the legislature was contentious, with its passage resulting in noteworthy political ramifications, including electoral defeats for some of its proponents during the primaries.
Public response to the law underscores a robust civic engagement. Through grassroots organizing, over 31,000 South Dakotans petitioned to bring the law to a referendum, indicating a fractious public discourse on the future of energy infrastructure and environmental stewardship. The outcome of the vote, culminating on November 5, 2024, holds significant implications not only for South Dakota but also as a potential benchmark for national policy regarding CO2 management and sustainable practices.
The debate over Referred Law 21 encapsulates broader tensions between economic development and environmental conservation, serving as a microcosm of the challenges faced in balancing industrial advancement with ecological responsibility. As this legal challenge unfolds, it continues to highlight critical conversations around the resilience and future direction of energy policy, both locally and nationally.