South Dakota Laws and Incentives

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)

Ethanol Production Facility Fee

The cost to submit an air quality permit application for an ethanol production plant is $1,000. An annual renewal fee is also required for the duration of the air quality permit. The annual renewal fee includes an administrative fee of $1,000 and an emissions fee equaling $40 per ton of particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted during the previous calendar year. The annual fee must be paid to the South Dakota Department of Agriculture and Natural Resources by July 31 following the year in which the permit is issued and annually thereafter.

(Reference South Dakota Statutes 34A-1-58.1)

Fuel Quality Standards

The South Dakota Department of Public Safety may authorize fuel quality standards and enforce fuel rules that conform to appropriate ASTM and NIST standards, including:

• Standards for the maximum volume percentages of ethanol and methanol in alcohol blended fuels;
• A program and prescribed methods for the inspection and testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;
• Labeling requirements for devices dispensing alcohol blended fuels, biodiesel, and biodiesel blends;
• Standards setting the specifications and tolerance requirements for petroleum products, biodiesel, and biodiesel blends; and
• Regulations for filtering systems used on devices dispensing alcohol blended fuels.

(Reference South Dakota Statutes 37-2-6)

Biodiesel Tax

Biodiesel and biodiesel blends are taxed at the state motor fuel excise tax rate of $0.28 per gallon. Beginning the fiscal quarter after which a biodiesel production facility in the state reaches a name plate capacity of at least 20 million gallons per year and fully produces at least 10 million gallons of biodiesel within one year, the tax on biodiesel and biodiesel blends is reduced to $0.26 per gallon. Biodiesel is defined as a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats. Biodiesel must meet the requirements of ASTM Standard D6751 and the U.S. Environmental Protection Agency registration and health effects testing program, as written January 1, 2008. Biodiesel blends are defined as blended special fuel containing a minimum of 5% biodiesel (B5).

(Reference South Dakota Statutes 10-47B-3, 10-47B-4, 10-47B-4.2, 10-47B-4.4)

Alternative Fuel Tax

Liquefied natural gas (LNG), ethyl alcohol, and methyl alcohol are taxed at a rate of $0.14 per gasoline gallon equivalent (GGE) when used as motor fuel. Compressed natural gas (CNG) and propane used as motor fuel are taxed at a rate of $0.10 per GGE and $0.20 per GGE, respectively. For taxation purposes, the fuels are converted to GGEs as follows:

• One GGE of LNG is equal to 1.5536 volumetric gallons of LNG;
• One GGE of CNG is equal to 126.67 cubic feet of its natural service delivery line pressure;
• One GGE of propane is equal to 4.24 pounds per gallon of liquid at 60 degrees Fahrenheit.

(Reference South Dakota Statutes 10-47B-3 and 10-47B-4)

Biofuel Franchising Contract Regulations

Franchise documents may not restrict a franchisee from participating in any of the following activities:

• Installing a biofuel pump or tank, except property leased from the franchisor;
• Converting an existing tank or pump for biofuels use;
• Advertising the sale of biofuels, including listing biofuel availability or prices on signage;
• Selling biofuels;
• Purchasing biofuel from other sources if the franchisor does not offer biofuel;
• Installing or operating an ethanol blender pump, if the pump is approved for use by the appropriate jurisdictional authority; or
• Selling a biofuel in place of one grade of gasoline, if the franchisee is required to sell three grades of gasoline.

Biofuels include biodiesel, biodiesel blends, ethanol, and ethanol blends.

(Reference South Dakota Statutes 37-2-34 through 37-2-37)