protect electric infrastructure in this state.

South Dakota electric facilities face ownership limits

The law bars certain entities and non-U.S. citizens from owning, controlling, or running South Dakota electric facilities. It covers entities barred under state law 5-18A-1 and non-U.S. citizens who hold citizenship in countries listed there. Covered facilities include power generation, transmission, distribution, and utility equipment. Behind-the-meter generation for private on-site use is excluded, and very small stock holdings do not count. Owners and operators cannot grant barred persons direct or indirect control through agreements. Violating agreements, including leases and easements, made on or after July 1, 2026, are unenforceable. Barred persons must fully give up illegally acquired interests within one year of acquisition, including interests received through inheritance. The Public Utilities Commission can investigate reported violations and seek a court-appointed receiver to help enforce the law. After starting a court action, it can subpoena needed information from the barred person or governments with authority over them. The commission or receiver can seek forfeiture, forced divestiture, or termination of violating agreements in Hughes County circuit court. Forfeiture follows existing state procedures. Court relief requires proof that a violation more likely than not occurred. The action must start within three years after the first allegation reaches the commission. Enforcement fees and costs can be charged to the barred person or paid from the sale of their interest. A former owner's or operator's noncitizen status alone does not invalidate title or trigger forfeiture.