SD HB1049

Prohibits "prohibited persons" (entities and non-U.S. citizens from countries listed in § 5-18A-1) from controlling, operating, or owning any electric facility in South Dakota, with de minimis stock ownership exempted

Electric facilities include distribution, generation, and transmission infrastructure used by electric utilities, but exclude behind-the-meter generation for private consumption

Agreements granting prohibited persons direct or indirect control of electric facilities entered on or after July 1, 2026, are unenforceable; prohibited persons who acquire interests must divest within one year

The Public Utilities Commission may investigate violations, appoint a receiver through Hughes County circuit court, and subpoena information from alleged violators or relevant governments

Enforcement actions must be brought within three years and proven by preponderance of evidence; violating facilities are subject to forfeiture, and attorney fees may be recovered from the prohibited person