26.624.17 101st Legislative Session 1038

2026 South Dakota Legislature

House Bill 1038

ENROLLED

An Act

ENTITLED An Act to allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.

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

Section 1. That a NEW SECTION be added to chapter 49-34A:

The commission may assess a customer of a public utility the actual costs associated with processing a request for approval of a contract with deviations, or other electric service agreement with a public utility, related to the provision of electric service to a customer that is a data center with a peak demand of ten megawatts or greater.

The commission shall forward any moneys collected under this section to the state treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax fund established in § 49-1A-2.

For the purposes of this section, "data center" means a centralized repository for the primary purpose of storage, management, dissemination, and processing of electronic data and information, including the mining of digital currency.

An Act to allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.

I certify that the attached Act originated in the:

House as Bill No. 1038

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1038

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2026 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2026

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State