Scope
South Dakota House Bill 1038 (2026) adds a section to SDCL chapter 49-34A that lets the Public Utilities Commission assess a customer of a public utility the actual costs of processing a request to approve a contract with deviations, or another electric service agreement, related to electric service to a customer that is a data center with a peak demand of ten megawatts or greater. Collected money goes to the Commission's gross receipts tax fund.
- Geographic scope
- South Dakota
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- South Dakota Legislature
Dates
- Adopted
- 24 March 2026
- Effective
- 1 July 2026
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The act states no expiration.
- Source document
- The source page states no document date
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
South Dakota's 2026 House Bill 1038 lets the Public Utilities Commission charge a data center customer the actual cost of reviewing a contract with deviations or another electric service agreement with its public utility. The Governor signed the bill on 24 March 2026. The enrolled act has no effective-date clause, and under SDCL 2-14-16 a regular-session act takes effect on 1 July after passage, so 1 July 2026 is stored as a computed effective day.
What this does not establish
- The effective day is computed from SDCL 2-14-16, not printed in the act.
- The signature date comes from the Legislature's 2026 index.
- Whether any assessment has been made was not checked.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://mylrc.sdlegislature.gov/api/Documents/306633.pdf
- South Dakota Legislature, 2026 Index, Bill History Report (HB 1038) Governor signature date (Signed by the Governor on March 24, 2026)