South Dakota 2026 Regular Session

South Dakota Senate Bill SB235

Introduced
2/4/26  
Refer
2/5/26  

Caption

Protect residents from increased utility costs and utility shortages caused by data centers, to clarify authority to regulate data centers, and to modify provisions pertaining to the purchasing of goods and services by a data center.

Impact

One of the key elements of SB235 is its stipulation that operators of data centers are responsible for all costs associated with their electricity usage. They are prohibited from passing on costs to residential customers in the form of higher fees or surcharges. Additionally, the bill disallows any utility provider from allocating infrastructure costs tied to data centers to the general populace, thereby aiming to ensure fair utility costs for residents. This could lead to a more stable economic environment for consumers if effectively implemented.

Summary

Senate Bill 235, also known as the Data Center Bill of Rights for Citizens, aims to protect residents in South Dakota from increased utility costs and shortages that may arise due to the operation of data centers. The bill introduces regulations that clarify the authority of local governments to oversee and regulate data centers, and includes provisions regarding the purchasing of goods and services by these data centers. This legislation reflects growing concerns about the environmental and economic impacts of large data processing facilities on local communities.

Conclusion

In conclusion, Senate Bill 235 represents a proactive approach by the South Dakota legislature to regulate the impact of data centers on utility infrastructure and local resources. Its focus on protecting residential consumers aligns with national trends seeking to balance technological advancement with environmental sustainability and community welfare. By clarifying the responsibilities of data center operators and empowering local jurisdictions, SB235 aims to mitigate potential negative effects while supporting the growth of the data center industry in the state.

Contention

The bill also includes provisions that necessitate operators to provide advance notice of their projected water consumption to local water providers. This aspect aims to prevent data centers from depleting local water resources without proper assessment. The contention arises from the fact that while increasing data center operations can lead to economic benefits, there are significant local resource implications that need to be managed. Furthermore, the language granting local governments discretion over data center regulations introduces a level of uncertainty regarding how local ordinances may affect future data center developments.

Companion Bills

No companion bills found.

Previously Filed As

SD SB177

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

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 SB48

Modify provisions pertaining to the registration of voters.

SD SB94

Amend provisions pertaining to the duties of presidential electors.

SD SB22

Modify provisions pertaining to the submission of a nominating petition.

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 HB1126

Modify provisions pertaining to the compensation of a recount board.

SD SB103

Prohibit the use of voter centers in a county.

SD HB1041

Revise and repeal certain provisions pertaining to the state library and State Library Board.

Similar Bills

No similar bills found.