HB 1049 South Dakota House · 2026 Regular Session

protect electric infrastructure in this state.

HB 1049 prohibits entities from certain countries (as defined by existing law) or non-U.S. citizens from owning, operating, or controlling electric facilities in South Dakota, including power generation, transmission, and distribution infrastructure. It requires prohibited persons who already own such facilities to sell their interest within one year and bans agreements that would grant them indirect control. The Public Utilities Commission can investigate violations, seek court action to enforce divestiture or forfeit facilities, and recover legal costs. The bill explicitly excludes cases where a facility's ownership issue stems solely from the former owner's nationality.
Bill status signed all 4 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

House Engrossed Enrolled · 7 edits · Mar 3, 2026
MODERATE
This bill adds new provisions to protect South Dakota's electric infrastructure by restricting control, operation, and ownership of electric facilities to prohibited persons (non-citizens of certain countries). The enrolled version includes the final text ready for signature, with no substantive policy changes from the House Engrossed version.
Scope change
The bill applies to all electric facilities in South Dakota used for distribution, generation, or transmission of electric power, excluding behind-the-meter generation for private consumption.
DEFINITION

Added definitions for 'electric facility' and 'prohibited person' to establish who is restricted from owning or controlling electric infrastructure.

REQUIREMENT

Prohibits prohibited persons from controlling, operating, or owning electric facilities, with de minimis stock ownership excluded.

ENFORCEMENT

Establishes enforcement mechanisms including investigation authority, receiver appointment, subpoena power, and forfeiture proceedings in Hughes County circuit court.

Allows recovery of attorney fees and costs from prohibited persons or through sale of their interest in the facility.

TIMELINE

Sets July 1, 2026 as the effective date for unenforceable agreements, and requires divestiture of prohibited interests within one year of acquisition.

EXEMPTIONS

Protects title to electric facilities from forfeiture solely due to the alienage of former operators or owners.

TECHNICAL

Converted from House Engrossed format to Enrolled format with signature blocks and certification language for executive approval.

Floor votes · House Jan 21, 2026

How they voted

680
Passed · 2 other
Total votes 70
Jan 21, 2026
D Democratic5
5 Yea
100% Yea
R Republican65
63 Yea 2
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
10
Committee
5
Amendments
1
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 H.J. 562
executive
Mar 4, 2026
Lower · Passed
Signed by the President S.J. 470
lower
Mar 3, 2026
Lower · Passed
Signed by the Speaker H.J. 492
lower
Mar 2, 2026
Lower · Passed
Senate Do Pass Amended , Passed, YEAS 33, NAYS 0 S.J. 426
lower
Feb 26, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Feb 26, 2026
Lower · Passed
Commerce and Energy Do Pass , Passed, YEAS 6, NAYS 0
lower
Jan 23, 2026
Committee
Referred to Senate Commerce and Energy S.J. 93
lower
Jan 21, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 68, NAYS 0 H.J. 106
lower
Jan 21, 2026
Introduced
House of Representatives Motion to amend , Passed, H.J. 106 Amendment 1049A
lower
Jan 21, 2026
House · Passed
House Vote: pass (68-0-2)
house
Jan 16, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed, H.J. 1
lower
Jan 16, 2026
Lower · Passed
Commerce and Energy Do Pass , Passed, YEAS 13, NAYS 0 H.J. 1
lower
Jan 13, 2026
Introduced
First read in House and referred to House Commerce and Energy H.J. 11
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.