Good afternoon District 27. Some of you in the Martin area may wonder, “What is the yellow sign on the south side of my campaign headquarters all about?” Referred Law 21 is a bad bill (known as Senate Bill 201) that was passed by the South Dakota Legislature in the spring of 2024 and was later signed into law by the Governor. This bill was dubiously titled “Landowner Bill of Rights” to mislead the public to think this was something great for counties and landowners; however, that is the farthest from the truth.
Since April, I have been part of a grassroots movement sweeping across South Dakota to collect signatures to put this referred law on the ballot. Since this time, I have learned a lot about what this bill is about. First of all, I want to be clear that I am all for producing ethanol and supporting our corn producers who support the ethanol industry. I fill my vehicle up with ethanol blend gasoline. However, I am not in favor of allowing a carbon transmission pipeline to be constructed across South Dakota on the backs of farmers and ranchers. One must understand that Summit Carbon Solutions, LLC is a foreign-backed liquid carbon capture transmission pipeline company based out of Ames, Iowa that is out to make a profit on the backs of the taxpayer and landowners.
Summit claims that it will reduce carbon dioxide emissions from ethanol plants located across the upper Midwest and sequester (capture and entomb) the liquid carbon dioxide and inject it into the ground. See map of proposed pipeline routes. The fact is that the pipeline company pitches the carbon capture pipeline project as part of the Green New Deal by reducing greenhouse gas emissions due to global warming and climate change. Nice buzzwords, but the reality is that according to the Williston Herald, this project has everything to do with “Taxpayer-funded fracking assistance in North Dakota” (1). The liquid carbon dioxide will be used not to reduce greenhouse gas emissions, but for enhanced oil recovery in the Bakken Fields in North Dakota – at the taxpayers’ expense mind you. Not only does this benefit the crude oil companies, but ultimately, it will bring an end to the ethanol companies and put them out of business because they can’t compete with crude oil. Finally, Summit Carbon Solutions will receive millions of dollars in increased 45Q Tax Credits for Carbon Sequestration under the Inflation Reduction Act of 2022. These 45Q tax credits are intended to incentivize investment in carbon capture and sequestration, starting at $85/metric ton. Hence, Summit Carbon Solutions is getting a jump start in taking advantage of the IRS-increased tax credits so they can monopolize the market and lock out any competition. They then will use the carbon credits on the open market through a cap and trade system where selling will go to the highest bidder so other companies that violate carbon dioxide emissions can comply by reducing their carbon cap emissions by buying carbon capture credits versus paying a hefty fine, which sounds more like a shell game. Hence, the actual tax credit could balloon and be resold from $85/metric ton to $200/metric ton of carbon dioxide emissions removed.
So what is the big deal you ask? The big deal is who pays for the cost of the transmission pipeline? The taxpayer in the form of tax incentives offered to the company will pay for the construction and maintenance of the pipeline. This massive infrastructure project does not benefit the local farmer or rancher or South Dakotans living in municipalities; rather, it benefits the corporate elites and shareholders of Summit Carbon Solutions, LLC. How? The transmission line has to be constructed across prime Ag land. Hence, the Ag producer via the county is offered tax relief at a $1/linear foot of easement granted across one’s property. Keep in mind that this may be offered to counties only if the carbon credit is claimed. There is no guarantee that the credit will be claimed and therefore, the tax relief may not be offered on an annual basis. This is a small benefit to receive in exchange for the land where a private corporation will reap a bigger benefit. But here is where it gets really interesting; Summit Carbon Solutions will be granted authority via three people under the South Dakota Public Utilities Commission, PUC for short, to begin construction of the pipeline without counties having a say in the construction of the pipeline (e.g., offset distance from a school or landowner’s residence, protection of a water aquifer, and other county ordinances). Because local control has been relinquished to the state’s PUC, property owners across South Dakota lose, and crony capitalism with government kickbacks wins. Finally, the last punch in the gut occurs when Summit comes in and uses eminent domain to grab the land from the farmer and rancher who refuses to sign over an easement. This is where the line is drawn in the sand – no private entity should have that much authority. Eminent domain should be used as a last resort and should only be used on public infrastructure projects such as roads, water transmission pipelines, sewer, and solid waste facilities that benefit everyone, not corporate elites and their private equity shareholders. Rights to one’s private property are considered sacred and is the first domino that will fall in what arguably could be the beginning of a takeover by our government and special interests who want nothing more than to control the land. Once the government and global special interests control the land, they control the food supply and ultimately control you. RL 21 is one of many “tentacles on this octopus” that sets a bad precedent of abusing eminent domain for private gain along with the loss of local control. Finally, one must remember that what Summit Carbon Solutions is transporting is not a commodity, but liquid carbon dioxide under immense pressure. The South Dakota Supreme Court recently overruled a lower court’s decision that the transmission pipeline’s permit application is not considered a common carrier that benefits the common good, but strictly the corporate capitalists in Ames, Iowa.
I could go on and talk about the risks and dangers of a liquid carbon dioxide pipeline, but I won’t bore you with the details and I will put some links down below for you to learn more about the risks associated with a liquid carbon dioxide pipeline. What I have learned is that a rupture of a liquid carbon dioxide (CO2) transmission pipeline is far more dangerous than a crude oil pipeline spill. There currently are few, if any, set regulations for the installation of liquid CO2 pipelines at the federal level. The Pipeline and Hazardous Materials Safety Administration (PHMSA), the federal agency responsible for the safe transportation of commodities through a transmission line, provides minimal guidance or oversight concerning the transmission of liquid CO2 pipelines.
At the end of the day, Referred Law 21 needs to go. I plan to vote No on RL21. The deceptive language in the “fake” Landowner Bill of Rights was a compromise to get the bill across the finish line through a backroom deal during the 2024 legislative session. Throughout all 38 days in the last legislative session, Summit lobbied and twisted legislator’s arms to get their way; it paid off. Consequently, it is the very reason why there was a blood bath during the South Dakota June 4, 2024, Republican Primary when many incumbent legislators, who voted in favor of Senate Bill 201, lost their seats to up-and-coming patriots who want to preserve property rights guaranteed under the Constitution and restore local control in South Dakota.
I am one of those up-and-coming patriots. I am looked down by the establishment as a threat to the power struggle that is occurring in Pierre. I look forward to having this debate if I am elected your new state senator. I will continue to fight for what is right and just in our society. Referred Law 21 goes against the values of South Dakotans and therefore, it must be stopped. Vote NO on RL 21 this November. God bless.
To learn more about No on Referred Law 21 campaign, checkout this website: https://www.sdpropertyrightslocalcontrol.com/ or visit their Facebook page https://www.facebook.com/sdprlca
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