Energy & Environment

Protects residents from higher utility costs caused by data centers.

This bill creates the 'Data Center Bill of Rights for Citizens' establishing new regulations for data centers in South Dakota. It requires data center operators to pay all electricity costs without passing infrastructure costs to residential customers, prohibits tax exemptions for data centers, prevents state preemption of local zoning authority over data centers, and creates water usage notification and reporting requirements through the Board of Water Management with consumption limits after residential and essential services are allocated.

Allows utility regulators to charge data centers for their actual costs to the power grid.

This bill allows the Public Utilities Commission to assess filing parties and large new customers the actual costs associated with processing dockets and requests for approval of electric service contracts under section 49-34A-56. Any money collected would be deposited in the Public Utilities Commission gross receipts tax fund.

Allows utilities to create wildfire prevention plans and limits their liability for wildfire damage.

This bill creates a new regulatory framework allowing utilities to establish wildfire mitigation plans and provides significant liability protections. It prohibits strict liability against utilities for wildfire damages, creates a rebuttable presumption that filed mitigation plans are reasonable and prudent, limits recovery to economic losses and property damage (with noneconomic damages only for death/burn injuries), caps punitive damages requiring clear and convincing evidence of malice/criminal intent, establishes a 3-year statute of limitations for wildfire claims, and includes specific subrogation language stating that insurance payments make the insured whole for subrogation purposes.

Makes companies pay for environmental impact studies before getting utility permits.

This bill amends Public Utilities Commission procedures to: (1) require mandatory environmental impact statements for carbon dioxide transmission facility permits, (2) change fee calculation procedures to reference budget appropriation bills, (3) modify language around when environmental impact statements are required and when federal studies can substitute for state requirements, and (4) prohibit requiring additional environmental impact statements for permit reapplications within three years.

Updates state rules to match federal pipeline safety inspection standards.

This bill updates citations to federal pipeline safety regulations in South Dakota law. It updates references from January 1, 2023 to January 1, 2026 for federal regulations under the Natural Gas Act (15 U.S.C. §§ 717 to 717z) and federal safety standards under 49 U.S.C. §§ 60101 to 60143. The bill also makes various technical and formatting changes to definitions and procedures but does not change substantive safety standards or liability requirements.

Protects the state's electrical grid infrastructure.

This bill creates a new chapter prohibiting 'prohibited persons' (foreign entities and individuals from countries listed in section 5-18A-1) from owning, operating, or controlling electric facilities in South Dakota. The bill establishes forfeiture procedures, requires divestiture within one year if prohibited persons acquire interests, makes violating agreements unenforceable, and grants the commission authority to investigate violations and seek court-appointed receivers. The commission can recover attorney fees and costs, with violations proven by preponderance of evidence standard within a three-year statute of limitations.

Defines what counts as backup power generation.

This bill adds a new definition for 'backup electric generation' to South Dakota's Public Utilities Commission law, defining it as electric generation that is not interconnected with the grid and is generated on a temporary basis to replace primary source electric generation when unavailable. The bill also explicitly excludes backup electric generation from the definition of 'energy conversion facility' that would otherwise be subject to regulatory oversight for facilities capable of generating 100 megawatts or more.

Updates the permit process for energy and transmission projects.

This bill streamlines the permit application process for energy and transmission facilities by: (1) changing the timing requirement for public notice signs from 30 days after filing a 'notification of intent' to 30 days after filing the actual permit application, (2) requiring committee members to elect to participate within 60 days or the committee ceases to exist, (3) allowing committees to hire necessary personnel with applicant paying expenses, (4) requiring applicants to provide application copies to committee members, and (5) eliminating the separate 'notification of intent' filing requirement that had to be filed 6 months before the actual application.