Changes to Existing Law

26.624.14 26.624.15 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. An Act to allow the Public Utilities Commission to assess actual costs to large new data 1 customers. centers. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 49-34A: 4 The commission may assess a filing party the actual costs associated with 5 processing a docket brought pursuant to § 49-34A-56. 6 The commission may assess a customer the actual costs associated with processing 7 5 a request for approval of a contract with deviations, or other electric service agreement, 6 related to the provision of electric service to a customer that is a data center with a peak 7 demand of ten megawatts or greater. 8 customer approved, or eligible for approval, as a large new customer pursuant to § 49-9 34A-56. 10 The commission shall forward any moneys collected under this section to the state 11 9 treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax 12 10 fund established in § 49-1A-2. 11 For the purposes of this section, "data center" means a centralized repository for 12 the storage, management, dissemination, and processing of electronic data and 13 information, including the mining of digital currency. 14

26.624.15 26.624.16 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 HOUSE SENATE COMMERCE AND ENERGY ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. An Act to allow the Public Utilities Commission to assess actual costs to data centers 1 centers. that are customers of public utilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 49-34A: 4 The commission may assess a customer of a public utility the actual costs 5 associated with processing 5 a request for approval of a contract with deviations, or other 6 electric service agreement, 6 agreement with a public utility, related to the provision of electric service 7 to a customer that is a data center with a peak 7 demand of ten megawatts or greater. 8 The commission shall forward any moneys collected under this section to the state 9 treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax 10 fund established in § 49-1A-2. 11 For the purposes of this section, "data center" means a centralized repository for 12 the primary purpose of storage, management, dissemination, and processing of electronic 13 data and 13 information, including the mining of digital currency. 14

26.624.16 26.624.17 101st Legislative Session 1038 2026 South Dakota Legislature House Bill 1038 SENATE COMMERCE AND ENERGY ENGROSSED Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission of the State of South Dakota Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to allow the Public Utilities Commission to assess actual costs to data centers 1 that are customers of public utilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 49-34A: 4 The commission may assess a customer of a public utility the actual costs 5 associated with processing a request for approval of a contract with deviations, or other 6 electric service agreement with a public utility, related to the provision of electric service 7 to a customer that is a data center with a peak demand of ten megawatts or greater. 8 The commission shall forward any moneys collected under this section to the state 9 treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax 10 fund established in § 49-1A-2. 11 For the purposes of this section, "data center" means a centralized repository for 12 the primary purpose of storage, management, dissemination, and processing of electronic 13 data and information, including the mining of digital currency. 14 26.624.17 2 1038 HB1038 ENROLLED An Act to allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities. I certify that the attached Act originated in the: House as Bill No. 1038 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1038 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State