Hello District 19 residents. We are halfway through session, and things are moving along well. Counting this week, we have four weeks left of session to get our work done for the next year.
Crossover Day, the final dayabillhastobepassedout of the original house (House or Senate), is February 22nd. Wecontinuetoworkthrough the bills that are still in their original house, while also handling a lot of bills from the Senate at this point in ourcommitteesintheHouse.
Icontinuetoworkthrough the last two bills I am carrying. SB 83 will add McCook County to the Vermillion Watershed Development District as voted on by Mc-Cookresidentsinthegeneral election. That bill passed Ag committee12-0lastweek,andI will carry that on the floor this Monday. SB 160, the act adding a post-election audit, passed through Senate State Affairs last Thursday and will hopefully pass through the Senate and on to the House where I pick it up this week.
A lot of anti-carbon pipeline billshavebeencomingthrough thelegislature. Atleastadozen bills were drafted to stop the pipeline through various law changes. This is a difficult issue, as many are, but especially difficult because it pits biofuels and the future of SD ag versus property rights. HB 1183 was the flavor of the week lastweek,andmadeitoutofthe committee and onto the House floor where is passed 40-30. Thisbillwentafterthepipeline by saying that carbon dioxide should be excluded from the commoditylisttobeconsidered as a common carrier (and a right to use eminent domain). I argued that carbon/carbon dioxide is a commodity since it is traded on the Chicago Mercantile Exchange,andbecause a recent Third Circuit Court ruling by Judge Pardy states it is a commodity and qualifies the pipeline to be a common carrier like any other.
I further argued that if you don’tthinkthispipelineshould have the ability to use eminent domain,thenchangethelawto statethatallcommoncarriers, like oil pipelines and utilities, should also not have the use of eminent domain. Treat them thesame,andtreatthemfairly. Arbitrarilychangingtherules after the company has already paid out 60 percent of the landowners for their easements is notfair. Thecompanyispaying for easements to put the pipe under the ground, and the landowner continues to own, operate,andprofitonthatland.
I received positive feedback from residents of District 19 towardthepipelineandagainst anti-pipeline legislation. All landowners in our district have willfully signed up and been paid by the pipeline company. Consumersacross thecountryandtheworldare demanding low carbon fuels to run our lives. Whether we like it or not, we have to provide theconsumerwhatthey want. If we don’t adapt, we won’t be able to sell to them inthefutureandwewillhave to shut our ethanol industry down in SD because we will only have high carbon ethanol. I will continue to fight the anti-pipeline legislation, as I don’t want to go back to anageconomyinSDwithout ethanol.
As always, feel free to reach out anytime at drew. peterson@sdlegislature.gov or 605-530-6248. I appreciate your advice and feedback.