An Act to exempt the provision of electricity through electric vehicle charging stations from the definition of electric utility.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 49-34A be amended with a NEW SECTION:

A person that owns or operates an electric vehicle charging station to resell or provide electricity to the public is not an electric utility if the person has purchased the electricity from an electric utility that is engaging in the retail sale of electricity within the utility's assigned service area.