South Dakota 2026 Regular Session

South Dakota House Bill HB1038

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
1/28/26  
Engrossed
2/2/26  
Refer
2/3/26  
Report Pass
3/5/26  
Enrolled
3/9/26  

Caption

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

Impact

The enactment of HB 1038 is expected to have significant implications for both state laws and public utilities' operational practices. It allows the commission to levy charges on data centers based on actual costs rather than flat fees or general rates. This could lead to increased costs for large data centers, potentially influencing their location decisions and operational strategies. Overall, as these data centers represent a substantial and growing sector in South Dakota, this legislation could affect the economic landscape by wavering their contribution to local economies depending on how these costs are structured and assessed.

Summary

House Bill 1038 establishes a framework for the South Dakota Public Utilities Commission to assess actual costs incurred by public utilities when providing electric service to data centers that have a peak demand of ten megawatts or greater. This legislation aims to ensure that the costs associated with servicing these significant energy consumers are recouped by public utilities, thus impacting their financial viability and service capabilities. By formally acknowledging the unique demands these data centers place on public utility infrastructures, the bill seeks to create a more equitable regulatory environment for energy provision in the state.

Sentiment

The sentiment around HB 1038 appears to be generally supportive, particularly amongst legislators and stakeholders in the public utility sector who see it as a necessary measure to maintain financial stability and service quality. However, there may be concerns among data centers regarding potential cost increases, especially given their already substantial energy consumption. Balancing the financial interests of utility providers with the operational costs for data centers will be a critical aspect of discussions surrounding the bill, highlighting the ongoing dialogue between different industry sectors.

Contention

Notable points of contention could arise based on how costs are defined and assessed. There may be concerns from data center operators about the potential for unexpected or excessively high charges. Additionally, the bill's focus on cost recovery may lead to debates about the fairness of these assessments, particularly if they place a disproportionate burden on specific sectors of the economy. Overall, while the bill seeks to protect utilities, it must also consider the implications for businesses reliant on public utilities' services, ensuring that the legislative framework fosters growth without imposing undue financial hardships.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1007

Prohibit use of the South Dakota public utilities commission gross receipts tax fund for reimbursement of costs incurred by the Public Utilities Commission.

SD HB1008

Include a hybrid facility as a facility to be regulated by the Public Utilities Commission.

SD SB211

Revise and clarify notice and hearing procedures of the Public Utilities Commission.

SD SB212

Require that pipeline applicants acquire county permits prior to submission of a permit application to the Public Utilities Commission.

SD HB1228

Require an environmental impact statement from applicants seeking a carbon dioxide transmission facility permit from the Public Utilities Commission of the State of South Dakota.

SD SCR606

Expressing the Legislature's concern about the potential for a carbon oxide pipeline to become a weapon of mass destruction to be used by terrorists or unfriendly governments and urging the Public Utilities Commission to conduct risk assessments and establish stronger regulatory and security measures for carbon oxide pipelines to ensure adequate state, county, business, and family emergency response planning.

SD HB1241

To reduce the growth in the assessed value of owner-occupied property tax assessments.

SD HB1062

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

SD HB1145

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

SD SB9

Make public the calendars and appointment logs of statewide public officials.

Similar Bills

No similar bills found.