HB1038 • 2026

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

Energy

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1261/Detail">Commerce and Energy</a> at the request of the Public Utilities Commission of the State of South Dakota
Last action: 2026-03-30
Official status: Signed by the Governor
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

What This Bill Does

allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.
Official keyword topics: Administrative Procedure Court Costs Data Centers Executive/Judiciary Request Fund Public Utilities and Carriers Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1261/Detail">Commerce and Energy</a> at the request of the Public Utilities Commission of the State of South Dakota

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1038A

None

Filed

Plain English: 1038A 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language.

1038A 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language.
Overstrikes indicate deleted language.
AMENDMENT 1038A FOR THE INTRODUCED BILL An Act to allow the Public Utilities Commission to assess actual costs to large new 1 customers data centers.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1.

1038C

None

Filed

Plain English: 1038C 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language.

1038C 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language.
Overstrikes indicate deleted language.
AMENDMENT 1038C FOR THE HOUSE COMMERCE AND ENERGY ENGROSSED BILL An Act to allow the Public Utilities Commission to assess actual costs to data centers 1 that are customers of public utilities.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1.

Bill History

2026-03-30 House of Representatives
Signed by the Governor
2026-03-12 House of Representatives
Delivered to the Governor
2026-03-12 Senate
Signed by the President
2026-03-11 House of Representatives
Signed by the Speaker
2026-03-10 House of Representatives
Concurred in amendments
2026-03-09 Senate
Do Pass Amended
2026-03-05 Senate Commerce and Energy
Do Pass Amended
2026-03-05 Senate Commerce and Energy
Motion to amend
2026-03-05 Senate Commerce and Energy
Scheduled for hearing
2026-02-26 Senate Commerce and Energy
Scheduled for hearing
2026-02-03 Senate
First read in Senate and referred to Senate Commerce and Energy
2026-02-02 House of Representatives
Do Pass Amended
2026-01-28 House Commerce and Energy
Do Pass Amended
2026-01-28 House Commerce and Energy
Motion to amend
2026-01-28 House Commerce and Energy
Scheduled for hearing
2026-01-13 House of Representatives
First read in House and referred to House Commerce and Energy

Official Summary Text

allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.
Official keyword topics:
Administrative Procedure
Court Costs
Data Centers
Executive/Judiciary Request
Fund
Public Utilities and Carriers
Official sponsor note: The Chair of the Committee on <a rel="noopener" href="https://sdlegislature.gov/Session/Committee/1261/Detail">Commerce and Energy</a> at the request of the Public Utilities Commission of the State of South Dakota

Current Bill Text

Read the full stored bill text

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.
26.624.17 2 1038
HB1038 ENROLLED
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