South Dakota 2026 Regular Session

South Dakota Senate Bill SB135

Introduced
1/27/26  
Refer
1/27/26  
Report Pass
2/18/26  
Engrossed
2/20/26  
Refer
2/23/26  
Report Pass
3/2/26  
Enrolled
3/5/26  

Caption

Protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.

Impact

A significant aspect of SB135 is its provision that prevents the state from preempting local authorities from adopting regulations specifically aimed at data centers. This empowers counties and municipalities to impose their own restrictions on data center operations, ensuring that local needs regarding utility management and environmental concerns can be prioritized. By mandating that data centers report their projected water usage to local water providers, the bill ensures that any potential conflicts with local water supplies are addressed before construction begins, thus promoting responsible water management.

Summary

Senate Bill 135, known as the 'Data Center Bill of Rights for Citizens,' aims to protect residents from potential increases in utility costs and shortages attributed to the growing demand from data centers. The bill establishes a framework for regulating the construction and operation of data centers, particularly those with significant power demand. It places a clear obligation on data center operators to reimburse utility providers for costs associated with their energy consumption, which includes compensation for any impact they have on local utility systems.

Sentiment

The sentiment surrounding SB135 has generally been supportive among local governments and environmental advocates, who see it as a necessary step to protect community resources and ensure that local needs are not overshadowed by large-scale industrial operations. However, there is concern among some business groups and data center operators that the additional regulatory requirements could hinder growth and investment in the data center sector, which has been a significant source of economic development in many regions. This dichotomy highlights ongoing discussions between local interests and the demands of businesses in the tech industry.

Contention

Notable points of contention regarding SB135 include the balance between fostering economic development through data centers and protecting local resources from overuse and potential degradation. Critics argue that while regulation is necessary, overly stringent local controls could drive data centers out of the state, leading to potential loss of jobs and investment. Conversely, proponents assert that without proper oversight, data centers could excessively burden local utility systems, leading to increased costs for residents. The debate reflects a broader tension in policymaking between business interests and community safeguards.

Companion Bills

No companion bills found.

Previously Filed As

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 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 HB1217

Require customer consent for installation of a smart meter for a utility service.

SD SB134

Provide limitations on liability and damages caused by a wildfire.

SD SB177

Provide a sales and use tax refund for goods and services related to data center operations.

SD HB1044

Authorize the use of a newborn safety device for the voluntary surrender of a newborn and to make clarifying changes.

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 SB212

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

SD SB87

Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans.

Similar Bills

No similar bills found.