HB1038 is a bill in the South Dakota Legislature (101st Legislature (2026)): allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.

What is the status of HB1038?

Signed into law as of March 30, 2026. Latest action: Signed by the Governor (March 30, 2026).

Where is the official record for HB1038?

On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26923

South Dakota legislation · 101st Legislature (2026)

South Dakota HB1038: allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.

Status: Signed into law, March 30, 2026

What the bill says

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

From the enrolled text, March 11, 2026:

An Act ENTITLED An Act to allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 49-34A: The commission may assess a customer of a public utility the actual costs associated with processing a request for approval of a contract with deviations, or other electric service agreement with a public utility, related to the provision of electric service to a customer that is a data center with a peak demand of ten megawatts or greater. The commission shall forward any moneys collected under this section to the state treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax fund established in § 49-1A-2. For the purposes of this section, "data center" means a centralized repository for the primary purpose of storage, management, dissemination, and processing of electronic data and information, including the mining of digital currency. 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:Houseas Bill No.1038Chief Clerk of the HouseSpeaker of the HouseAttest:Chief Clerk of the HousePresident of the SenateAttest:Secretary of the SenateHouseBill No.[ADDED: 1038]File …

Read the full official text

Latest actions

March 30, 2026: Signed by the Governor
March 12, 2026: Delivered to the Governor
March 12, 2026: Signed by the President
March 11, 2026: Signed by the Speaker
March 10, 2026: Concurred in amendments
March 9, 2026: Do Pass Amended
March 5, 2026: Do Pass Amended
March 5, 2026: Motion to amend
March 5, 2026: Scheduled for hearing
February 26, 2026: Scheduled for hearing

Votes

Concurred in amendments (March 10, 2026): 67 yea, 0 nay, passed
Do Pass Amended (March 5, 2026): 7 yea, 2 nay, passed
Do Pass Amended (February 17, 2026): 32 yea, 2 nay, passed
Do Pass Amended (January 28, 2026): 12 yea, 0 nay, passed
Do Pass Amended (January 27, 2026): 60 yea, 5 nay, passed

Subjects: Administrative Procedure, Public Utilities and Carriers, Court Costs, Executive/Judiciary Request, Fund, Data Centers

Common questions

What is HB1038?: HB1038 is a bill in the South Dakota Legislature (101st Legislature (2026)): allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.
What does HB1038 do?: In its own words: An Act ENTITLED An Act to allow the Public Utilities Commission to assess actual costs to data centers that are customers of public utilities.
What is the status of HB1038?: Signed into law as of March 30, 2026. Latest action: Signed by the Governor (March 30, 2026).
Where is the official record for HB1038?: On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26923

Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.