Electricity Laws and Incentives in South Dakota

The list below contains summaries of all South Dakota laws and incentives related to electricity.

State Incentives

Diesel Emission Reduction Grants

The South Dakota Department of Agriculture and Natural Resources (DANR) administers the Clean Diesel Grant Program for bus diesel emission reduction projects. Projects are funded by South Dakota’s portion of the Volkswagen Environmental Mitigation Trust and the U.S. Environmental Protection Agency’s Diesel Emission Reduction Act (DERA) Program. For more information, including application periods, see the South Dakota DANR Clean Diesel Grant Program website.

South Dakota's National Electric Vehicle Infrastructure (NEVI) Program

The U.S. Department of Transportation’s (DOT) NEVI Formula Program required the South Dakota Department of Transportation (SDDOT) to submit an annually updated EV Infrastructure Deployment Plan (Plan) for fiscal years 2022 through 2026 to their FHWA Division Office, describing how the state intended to distribute NEVI funds and their physical and cybersecurity strategies, and including a Community Engagement Outcomes Report. The submitted plans must address updated NEVI guidance.

For more information about South Dakota’s NEVI planning process, see the SDDOT Plan website.

Laws and Regulations

Electric Vehicle (EV) Charging Station Overcharge Exemption

An entity that owns or operates a facility supplying electricity to the public exclusively to charge electric vehicles is not an electric utility, provided it purchases the electricity from the retail electric utility serving the assigned service area. EV charging stations selling or providing electricity under this provision are not subject to the civil fine for overcharging under state utility rate law.

(Reference South Dakota Statutes 49-34-14 and 49-34A-116)

Electric Vehicle (EV) Fee

EV owners must pay an annual fee of $50, in addition to standard vehicle registration fees.

(Reference South Dakota Statutes 32-5-188)

Volkswagen (VW) Settlement Allocation

The South Dakota Department of Agriculture and Natural Resources may use funds awarded to South Dakota through the VW Environmental Mitigation Trust to issue grants for the reduction of nitrogen oxide air emissions from mobile sources in the state. The funds are deposited into a Clean Air Act Settlement fund.

(Reference South Dakota Statutes 34A-1-63 and 34A-1-64)

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