SB 36 South Dakota Senate · 2026 Regular Session

authorize certain utilities to establish wildfire mitigation plans and associated liability limitations for wildfire damages.

SB 36 requires electric utilities and wholesale electricity generators in South Dakota to develop and submit wildfire mitigation plans to either the Public Utilities Commission or their local governing body (like a city council). These plans must include specific strategies for risk assessment, infrastructure inspections, vegetation management, and community outreach to reduce wildfire risks. Utilities must also submit annual compliance reports by April 1st each year, with filing fees of $500 for initial plans and $250 for reports. The bill establishes a standardized process for these plans and reports but does not specify liability protections beyond the plan requirements.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 12, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

House Commerce and Energy Engrossed Enrolled · 6 edits · Mar 5, 2026
MODERATE
This bill establishes a new chapter in South Dakota law authorizing utilities to create wildfire mitigation plans with associated liability protections. The enrolled version adds comprehensive definitions for key terms, specifies detailed requirements for utility plans, and allows utilities to recover costs for implementing these plans through rate adjustments.
Scope change
The bill expands scope by adding a new chapter (26.558) to Title 49 of the South Dakota Code, creating a formal framework for wildfire mitigation planning that did not previously exist in this legislative session.
DEFINITION

Added six new definitions including 'approval authority,' 'commission,' 'economic loss,' 'qualified utility,' 'wildfire,' and 'wildfire mitigation plan' to establish clear legal terminology for the new chapter.

REQUIREMENT

Added nine specific requirements for wildfire mitigation plans including risk area descriptions, inspection procedures, vegetation management strategies, vegetation management strategies, infrastructure modifications, de-energizing procedures, restoration plans, cost estimates, community outreach, and agency coordination.

TIMELINE

Added specific deadlines requiring commission review within 120 days, annual reports by June 1st, and plan updates at least every two years.

FISCAL

Added authority for the Public Utilities Commission to allow utilities to recover all prudently incurred costs for implementing wildfire mitigation plans through rate adjustments, including capital costs.

ENFORCEMENT

Added provisions requiring utilities to submit annual compliance reports and maintain current plans on file, with the commission publishing all plans and reports on its website.

ELIGIBILITY

Added eligibility criteria defining 'qualified utility' to include electric utilities and wholesale electricity generators who operate electrical transmission.

Floor votes · Senate Mar 4, 2026 · House Mar 2, 2026

How they voted

313
Passed · 1 other
Total votes 35
Mar 4, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
28 Yea 3 Nay 1
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
9
Committee
4
Amendments
3
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 S.J. 541
executive
Mar 9, 2026
Lower · Passed
Signed by the Speaker H.J. 543
lower
Mar 5, 2026
Lower · Passed
Signed by the President S.J. 485
lower
Mar 4, 2026
Lower · Passed
Senate Concurred in amendments , Passed, YEAS 31, NAYS 3 S.J. 456
lower
Mar 2, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 63, NAYS 2 H.J. 473
lower
Mar 2, 2026
House · Passed
House Vote: pass (63-2-5)
house
Feb 25, 2026
Lower · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 11, NAYS 0
lower
Feb 25, 2026
Introduced
Commerce and Energy Motion to amend , Passed, Amendment 36E
lower
Feb 2, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 194
lower
Jan 29, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 29, NAYS 4 S.J. 146
upper
Jan 29, 2026
Introduced
Senate Motion to amend , Passed, S.J. 145 Amendment 36B
upper
Jan 27, 2026
Upper · Passed
Commerce and Energy Do Pass Amended , Passed, YEAS 6, NAYS 3 S.J. 2
upper
Jan 27, 2026
Introduced
Commerce and Energy Motion to amend , Passed, S.J. 1 Amendment 36A
upper
Jan 13, 2026
Introduced
First read in Senate and referred to Senate Commerce and Energy S.J. 10
upper
46 primary · 0 co-sponsors

Sponsors