This bill mandates that operators of proposed high energy use facilities must obtain conditional use permits from adjacent political subdivisions, specifically counties and municipalities, under certain conditions. A "high energy use facility" is defined as one or more buildings on a single parcel or multiple contiguous parcels with an expected combined utility demand and facility-generated power of twenty megawatts or more. The requirement for a conditional use permit applies if the facility is located within one mile of the boundary of the adjacent county or municipality, and if the adjacent political subdivision has adopted relevant zoning ordinances.

The bill introduces new sections to chapters 11-2 and 11-4 of South Dakota law, detailing the conditions under which these permits must be applied for. Specifically, it stipulates that for counties, the facility must be within one mile of the county boundary and the county must have zoning ordinances or a special zoning area. Similarly, for municipalities, the facility must also be within one mile of the municipal boundary and the municipality must have adopted zoning ordinances.