HB 1038 South Dakota House · 2026 Regular Session

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

HB 1038 allows South Dakota's Public Utilities Commission to charge data centers the actual costs of processing their contract approval requests for new utility service. It specifically applies to "large new customers" like data centers that require approval under existing utility regulations. The bill requires the commission to collect these processing fees and deposit the funds into a dedicated state utility fund. This changes how the commission recovers administrative costs for new large-scale electricity customers.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 30, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

Senate Commerce and Energy Engrossed Enrolled · 3 edits · Mar 11, 2026
MINOR
This bill was finalized in its enrolled version with minor formatting and header updates, while the substantive policy content remains unchanged. The core provision allowing the Public Utilities Commission to assess actual costs to data centers with peak demand of ten megawatts or greater is preserved. The bill also maintains the requirement that collected funds be deposited into the Public Utilities Commission gross receipts tax fund.
Scope change
No substantive change to the bill's scope or applicability; only formatting and header information were updated to reflect the enrolled status.
TECHNICAL

Browser compatibility warnings and navigation links were removed as these are website interface elements, not legislative content.

Enrolled document headers including session information (101st Legislative Session), bill number (HB 1038), and official signatures were added to finalize the bill for enactment.

Page numbering and formatting were adjusted to comply with official enrolled bill standards, but the legislative text remains identical.

Floor votes · Senate Mar 9, 2026 · House Mar 10, 2026

How they voted

322
Passed · 1 other
Total votes 35
Mar 9, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
29 Yea 2 Nay 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
9
Committee
4
Amendments
2
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 H.J. 579
executive
Mar 12, 2026
Upper · Passed
Signed by the President S.J. 528
upper
Mar 11, 2026
Upper · Passed
Signed by the Speaker H.J. 560
upper
Mar 10, 2026
Upper · Passed
House of Representatives Concurred in amendments , Passed, YEAS 67, NAYS 0 H.J. 548
upper
Mar 9, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 32, NAYS 2 S.J. 494
upper
Mar 9, 2026
Senate · Passed
Senate Vote: pass (32-2-1)
senate
Mar 5, 2026
Upper · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 7, NAYS 2
upper
Mar 5, 2026
Introduced
Commerce and Energy Motion to amend , Passed, Amendment 1038C
upper
Feb 3, 2026
Introduced
First read in Senate and referred to Senate Commerce and Energy S.J. 170
upper
Feb 2, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 60, NAYS 5 H.J. 196
lower
Jan 28, 2026
Lower · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 12, NAYS 0 H.J. 11
lower
Jan 28, 2026
Introduced
Commerce and Energy Motion to amend , Passed, H.J. 11 Amendment 1038A
lower
Jan 13, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 11
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.