South Dakota legislation · 101st Legislature (2026)
South Dakota SB128: update provisions related to certain large-use customers of utilities.
Status: Failed, February 18, 2026
What the bill says
An Act to update provisions related to certain large-use customers of utilities.
From the introduced text, January 25, 2026:
An Act to update provisions related to certain large-use customers of utilities. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 46-1: [ADDED: A large-use customer, as defined in section 2 of this Act, which is operating as a data center, shall provide notice to and cooperate with each local water provider to ensure that projected water consumption is compatible with the water supply in the area in which the customer is located. In addition, the customer:] [ADDED: (1) Must implement closed-loop cooling technology that limits net water withdrawal to a daily amount, established by the Water Management Board for each source of water currently used in the state, by rule promulgated pursuant to chapter 1-26;] [ADDED: (2) May not consume an amount of the available water supply in the local service area exceeding limits established in rule by the board, after allocation to residential and essential public services; and] [ADDED: (3) In a water shortage, as declared by the Governor or determined by the board, must reduce water use until all residential and essential public service allocations are met.] [ADDED: In establishing limits under this section, the board shall seek to ensure water availability and prevent disproportionate use of water by the customer.] [ADDED: The customer …
Sponsors
- Taffy Howard (R, 34) · primary sponsor
- Bobbi Andera (R, HD-010)
- Julie Auch (R, HD-018)
- Heather Baxter (R, HD-034)
- Lauren Nelson (R, SD-018)
- Al Novstrup (R, HD-003)
- Kathy Rice (R, HD-029)
Latest actions
- : Deferred to the 41st legislative day
- : Motion to amend
- : Scheduled for hearing
- : Referred to State Affairs
- : First Reading Senate
Votes
- Deferred to the 41st legislative day (February 18, 2026): 5 yea, 3 nay, passed
Subjects: Administrative Procedure, Public Utilities and Carriers, Promulgation of Rules, Water Rights, Data Centers, Reports
Common questions
- What is SB128?
- SB128 is a bill in the South Dakota Legislature (101st Legislature (2026)): update provisions related to certain large-use customers of utilities.
- What does SB128 do?
- In its own words: An Act to update provisions related to certain large-use customers of utilities.
- What is the status of SB128?
- Failed as of February 18, 2026. Latest action: Deferred to the 41st legislative day (February 18, 2026).
- Who sponsored SB128?
- Taffy Howard (R, 34), with 6 co-sponsors.
- Where is the official record for SB128?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26547
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.