An Act to impose a one-year moratorium on the construction or expansion of hyperscale data centers.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. Notwithstanding any other provision of law, a moratorium is imposed on any new construction or expansion of a hyperscale data center in this state. The moratorium includes the expansion of any data center that is not currently a hyperscale data center but, if expanded, would become a hyperscale data center.

The moratorium does not apply to any hyperscale data center that obtained all final government approval and required permits, and executed all utility interconnection agreements, before July 1, 2026.

The moratorium is in effect through June 30, 2027.

For purposes of this Act, "hyperscale data center" means a centralized repository:

(1) For for the storage, management, dissemination, and processing of electronic data and information; and, which has two or more of the following:

(1) A size exceeding two hundred fifty thousand square feet;

(2) Having a A peak electrical demand of fifty megawatts or greater;

(3) An artificial intelligence model training or large-scale machine learning purpose; or

(4) A co-location configuration with undisclosed end-users.