protect electric infrastructure in this state.

New limits on foreign power-facility control

The law adds protections against prohibited foreign control of South Dakota electric facilities, while limiting covered owners' rights. It bars entities prohibited under state law and non-U.S. citizens who are citizens of countries listed in state law from owning, running, or controlling these facilities. Covered facilities include power generation, transmission, and distribution systems, energy-conversion facilities, and electric-utility equipment. On-site, behind-the-meter generation for private use is excluded, and very small stock holdings do not count as ownership or control. Owners and operators cannot make agreements giving prohibited persons direct or indirect control. Such agreements, including leases and easements, are unenforceable when entered into on or after July 1, 2026. Prohibited persons who acquire an unlawful interest, including through inheritance, must fully give it up within one year of acquisition. The Public Utilities Commission can investigate reported violations and seek a court-appointed receiver in Hughes County. In bringing an enforcement case, it can subpoena needed information from the accused prohibited person or a government with authority over that person. The commission or receiver can seek court-ordered forfeiture, divestment, or termination of an unlawful agreement. The court can charge enforcement attorney fees and costs to the prohibited person or recover them from selling that person's interest. Relief requires proof that a violation is more likely than not and a case filed within three years after the first allegation reaches the commission. A former owner's or operator's noncitizen status alone cannot invalidate title or trigger forfeiture.