Senate concurs in House amendments to data‑center electricity bill, clarifying 10‑megawatt threshold

South Dakota Senate · March 6, 2026

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Summary

The Senate agreed to House amendments to Senate Bill 135 after sponsor Senator Carr said the changes clarify the definition of data centers ("10 megawatt or greater"), require data centers to reimburse providers for costs attributed to them, and remove a sentence in section 3; roll call was 33–1–1 in favor.

Senator Carr moved that the Senate concur in House amendments to Senate Bill 135. In floor remarks he said two small changes were made on the House side, including a clarified definition applying to data centers "10 megawatt or greater" and edits to Section 3 that remove an initial sentence about separate terms and conditions.

Carr described the substance of the amendment: providers must establish terms and conditions applicable to data centers and the bill requires that a data center reimburse any provider of electricity for all costs fairly attributed to the data center, including costs incurred to serve the data center if the data center "departs the system or materially reduces its load." He said the changes were intended to specify which facilities the bill applies to and to ensure cost recovery.

The secretary called the roll. The result was 33 ayes, 1 nay and 1 excused; the president declared the motion carried and the amendments concurred in.

Why it matters: The amendment narrows the bill’s coverage to larger facilities (10 megawatts or greater) and creates an express reimbursement requirement for providers, which sponsors framed as clarifying and protecting ratepayers or providers from unanticipated costs. The Senate concurrence advances the bill with the House’s clarified language.