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Electric Vehicle Charging FAQ

Oct. 1, 2024                                                                  Printer Friendly Version

Where can I find an electric vehicle charging station in South Dakota?

A map of all charging stations can be found at https://chargehub.com/en/Charging-Stations-Map.html. The PUC has no affiliation with those responsible for this website and cannot guarantee the site’s accuracy.

Does the PUC determine where electric charging stations are placed in the state?

The PUC has no authority by law to mandate or regulate the placement of charging stations. You may wish to contact the Department of Agriculture and Natural Resources for information on its electric vehicle charging grant program funded by the Volkswagen Mitigation Trust Fund, created by a diesel-mitigation $8 million settlement. Here is a link to information on this program: https://danr.sd.gov/Environment/AirQuality/VolkswagenTrust/default.aspx.

I own a business and am interested in installing an electric vehicle charging station for public use. What do I need to know prior to doing so?

In the past three years, several legislative changes have been made in South Dakota that directly relate to electric vehicle charging stations. SDCL 49-34A-116 was passed in 2022 and made clear that a charging station owner is not an electric utility if the charging station has purchased electricity from an electric utility that is engaging in the retail sale of electricity within the utility’s assigned service area. This exempted charging stations from specific rate regulation and other requirements that are imposed on electric utilities by SDCL Chapter 49-34A. Specifically, this statute provided an exemption to state law which prohibited anyone other than the incumbent utility from selling electricity to retail customers in the state.

During the 2024 legislative session, SB 23 was passed that amended 49-34-14 by providing a specific exemption from the overcharging statute for electric vehicle charging stations. This revision allows electric vehicle charging stations in compliance with 49-34A-116 to sell electricity at retail based on the fee structure of their choosing without rate regulation from the PUC. In addition to the laws referenced here and in SDCL Chapter 49, ensure your plan complies with other state laws, your county and municipality as far as zoning laws and business licenses and permits.

If I install a charging station for public use, how may I lawfully charge customers a fee for using it?

South Dakota law prohibits anyone other than the incumbent electric utility from selling electricity to retail customers in the state. However, exemptions specifically for electric vehicle charging stations were passed by the legislature in 2022 and 2024 that paved the way for those stations complying with state law to sell electricity at retail based on their choice of fee structure. Options for that fee structure may include per kwh, per minute, flat rate, etc. These rates are not regulated by the PUC. See SDCL 49-34A-42, 49-34-14 and 49-34A-116. Here are the electric providers by territory in South Dakota, https://puc.sd.gov/energy/electricmaps/default.aspx.