The commission may, by rules promulgated pursuant to chapter1-26, establish safety standards, but not more stringent than federal safety standards as provided by §49-34B-3, for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:

1. (1) Relevant available pipeline safety data;
2. (2) Whether the standards are appropriate for the particular type of pipeline transportation of gas;
3. (3) The reasonableness of any proposed standards;
4. (4) The extent to which the standard will contribute to public safety; and
5. (5) The existing standards established by the secretary of the United States Department of Transportation pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023.

Source: SL 1994, ch 357 , § 3; SL 1995, ch 264 , § 3; SL 1997, ch 268 , § 3; SL 1999, ch 230 , § 3; SL 2001, ch 258 , § 3; SL 2003, ch 240 , § 3; SL 2005, ch 247 , § 3; SL 2007, ch 273 , § 4; SL 2009, ch 242 , § 4; SL 2010, ch 225 , § 4; SL 2011, ch 210 , § 4; SL 2012, ch 231 , § 4; SL 2016, ch 226 , § 4; SL 2019, ch 199 , § 3; SL 2021, ch 201 , § 2; SL 2023, ch 158 , § 3.