This amendment transitioned the bill from its engrossed (committee-reviewed) version to its enrolled (final passed) version by removing all legislative markup language and formatting while preserving the substantive content of the electric infrastructure protection law. The change is purely procedural and administrative—it strips out the visual indicators of edits and standardizes the document for official enactment—with no alteration to the bill's original purpose of restricting foreign and prohibited entities from owning or controlling electric facilities in South Dakota.
26.256.23 26.256.24 101st Legislative Session 1049 2026 South Dakota Legislature House Bill 1049 HOUSE 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 protect electric infrastructure in this state. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 49: 3 Terms used in this chapter mean: 4 (1) "Electric facility," infrastructure in this state used for the distribution, generation, 5 or transmission of electric power, including an energy conversion facility, as defined 6 in § 49-41B-2, and any equipment or facilities used by an electric utility, as defined 7 in § 49-34A-1, but not including any behind-the-meter electric generation facility 8 that generates electricity on site for private consumption; and 9 (2) "Prohibited person," any prohibited entity, as defined in § 5-18A-1, and any 10 individual who is not a United States citizen but is a citizen of a country listed in 11 § 5-18A-1. 12 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 49: 13 A prohibited person may not control, operate, or own, in whole or in part, an 14 electric facility. An electric facility controlled, operated, or owned in violation of this 15 chapter is subject to forfeiture pursuant to section 5 of this Act and in accordance with the 16 provisions of chapter 23A-49. De minimis stock ownership does not constitute control, 17 operation, or ownership for the purpose of this section. 18 An operator or owner of an electric facility may not enter into an agreement that 19 grants a prohibited person direct or indirect control of the electric facility. Any agreement, 20 including an easement or lease, in violation of this chapter, which is entered into on or 21 after July 1, 2026, is unenforceable. 22 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 49: 23 26.256.23 26.256.24 2 1049 Underscores indicate new language. Overstrikes indicate deleted language. HB1049 ENROLLED Any prohibited person that acquires, including by devise or descent, any interest 1 in an electric facility, in violation of this chapter, shall fully divest the interest within one 2 year from the date of acquisition. 3 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 49: 4 Upon receiving notice regarding an alleged violation of this chapter, the 5 commission may investigate the allegation and, if the allegation is substantiated, may 6 bring an action pursuant to section 5 of this Act. 7 To pursue the action, the commission may apply to the circuit court of Hughes 8 County for appointment of a receiver, who shall have duties and powers as directed by 9 the court. 10 Upon commencing the action, the commission may, in addition to any authority 11 granted under §§ 15-6-28.2 to 15-6-28.4, inclusive, subpoena any information necessary 12 to demonstrate a violation of this chapter from: 13 (1) A prohibited person alleged to have violated this chapter; or 14 (2) Any government with authority or jurisdiction over the prohibited person. 15 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 49: 16 The commission, or a receiver appointed pursuant to section 4 of this Act, may 17 bring an action, pursuant to title 15, in the circuit court of Hughes County, to enforce the 18 forfeiture or divestiture of a prohibited person's interest in the electric facility or to 19 terminate an agreement in violation of this chapter. 20 The commission or receiver may recover attorney fees and costs incurred in the 21 enforcement of the provisions of this chapter. The attorney fees and costs may be 22 assessed against the prohibited person or recovered from the sale of the prohibited 23 person's interest. 24 The court may not enter an order granting the request for relief pursuant to this 25 section unless: 26 (1) The commission or receiver proves any alleged violation of this chapter by a 27 preponderance of the evidence; and 28 (2) The action is brought within three years after the first allegation of the violation is 29 referred to the commission, as provided in section 4 of this Act. 30 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 49: 31 26.256.23 26.256.24 3 1049 Underscores indicate new language. Overstrikes indicate deleted language. HB1049 ENROLLED Notwithstanding any other provision of this chapter, title to an electric facility is 1 not invalidated nor is the electric facility subject to forfeiture solely by reason of the 2 alienage of any former operator or owner. 3 26.256.24 4 1049 HB1049 ENROLLED An Act to protect electric infrastructure in this state. I certify that the attached Act originated in the: House as Bill No. 1049 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. 1049 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