reglab/housing_qa huggingface dataset:
SD Codified L § 1-33B-3.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.3 - Measurement and verification defined.

1-33B-3.3. Measurement and verification defined.For the purposes of this chapter, the term, measurement and verification, means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. The measurement and verification report may be for an individual cost-saving measure or an entire project. The governmental unit shall determine which measurement and verification method to utilize. Source: SL 2016, ch 14, §4.
SD Codified L § 1-33B-3.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.4 - Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.

1-33B-3.4. Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.A governmental unit may solicit submissions of qualifications to enter into an energy performance contract by providing public notice to qualified energy service providers. The notice shall invite qualified energy service providers to submit qualifications and proposals for investment grade energy audits. Governmental units shall utilize chapter 36-18A to determine the minimum educational qualifications of a qualified energy service provider. The governmental unit shall comply with procurement procedures for professional services provided under §§5-18D-17 to 5-18D-22, inclusive. Source: SL 2016, ch 14, §6.
SD Codified L § 1-33B-3.5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.5 - Evaluation of qualifications and proposals.

1-33B-3.5. Evaluation of qualifications and proposals.The governmental unit shall evaluate the qualifications and proposals of qualified energy service providers according to the quality of the provider's technical approach and the provider's experience with:(1)Design, engineering, and installation of cost-saving measures;(2)Overall project management;(3)Projects of similar size and scope;(4)Post installation measurement and verification of guaranteed cost savings;(5)Project commissioning;(6)Training of building operators; and(7)Conversions to a different fuel source. Source: SL 2016, ch 14, §7.
SD Codified L § 1-33B-3.6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.6 - Contract negotiation.

1-33B-3.6. Contract negotiation.The governmental unit may negotiate a contract with the most qualified energy service provider at a price that the governmental unit determines fair and reasonable, taking into account the scope of the services rendered. The provider selected is not required to have submitted the proposal with the lowest cost. If the governmental unit is unable to negotiate a satisfactory contract with the provider, negotiations with that provider shall be formally terminated, and the governmental unit may select the next provider until an agreement is reached or the process is terminated. The governmental unit may choose to reject all proposals. Source: SL 2016, ch 14, §8.
SD Codified L § 1-33B-3.7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.7 - Preparation of investment-grade energy audit.

1-33B-3.7. Preparation of investment-grade energy audit.A qualified energy service provider, selected by a governmental unit pursuant to §§1-33B-3 and 1-33B-3.4 to 1-33B-3.6, inclusive, shall prepare an investment-grade energy audit. The audit shall be incorporated into the energy performance contract. Source: SL 2016, ch 14, §9.
SD Codified L § 1-33B-3.8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.8 - Contents of investment-grade energy audit.

1-33B-3.8. Contents of investment-grade energy audit.An investment-grade energy audit shall include estimates of all costs and guaranteed cost savings for the proposed energy performance contract, including cost of design, engineering, equipment, materials, installation, maintenance, repairs, monitoring and verification, commissioning, training, and debt service. Source: SL 2016, ch 14, §10.
SD Codified L § 1-33B-3.9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.9 - Costs of the investment-grade energy audit.

1-33B-3.9. Costs of the investment-grade energy audit.A qualified energy service provider and the governmental unit shall agree on the cost of an investment-grade energy audit before it is conducted. If an investment-grade energy audit is completed, and the governmental unit does not execute an energy performance contract, the governmental unit shall pay the full costs of the investment-grade energy audit. If the governmental unit executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental unit, paid for by the governmental unit. Source: SL 2016, ch 14, §11.
SD Codified L § 1-33B-3.10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.10 - Funds for payment of energy performance contract.

1-33B-3.10. Funds for payment of energy performance contract.A governmental unit may pay for an energy performance contract with funds designated for operating costs, capital expenditures, utility costs, lease payments, installment payment contracts, lease purchase agreements, or bonds issued pursuant to law. Source: SL 2016, ch 14, §12.
SD Codified L § 1-33B-3.11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.11 - Reduction in amount of financing--Contract term--Measurement and verification report.

1-33B-3.11. Reduction in amount of financing--Contract term--Measurement and verification report.All permissible sources, including utility incentives, grants, operating costs, or capital budgets, may be used to reduce the amount of financing.An energy performance contract may extend beyond the current fiscal year, but may not exceed fifteen years, the cost-weighted average useful life of the cost-saving measure, or the term of financing, whichever is shortest.During the guarantee period, a qualified energy service provider shall measure and verify reductions in energy consumption and costs attributable to cost-saving measures implemented pursuant to an energy performance contract and prepare and provide a measurement and verification report to the governmental unit at least once a year. Source: SL 2016, ch 14, §13.
SD Codified L § 1-33B-3.12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.12 - Costs for measurement and verification.

1-33B-3.12. Costs for measurement and verification.Costs for measurement and verification shall be included in an energy performance contract and paid by the governmental unit during an initial monitoring period of no less than three years.The energy performance contract shall provide that, if guaranteed cost savings are not achieved during any year in the initial monitoring period, the qualified energy service provider shall pay the costs for measurement and verification reports until guaranteed cost savings are achieved for all consecutive years equal to the initial monitoring period. Source: SL 2016, ch 14, §14.
SD Codified L § 1-33B-3.13 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-3.13 - Annual guaranteed cost savings--Shortfall.

1-33B-3.13. Annual guaranteed cost savings--Shortfall.Except as provided in this section, the qualified energy service provider shall pay the governmental unit the amount of any verified annual guaranteed cost savings shortfall each year until guaranteed cost savings are achieved for each year in an initial monitoring period as established in §1-33B-3.12. The amount of cost savings achieved during a year shall be determined using the baseline rates used in guaranteed cost savings.In the case of a shortfall, the governmental unit and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term.If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost savings remain with the governmental unit. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period. Source: SL 2016, ch 14, §15.
SD Codified L § 1-33B-4.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-4.1 - Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.

1-33B-4.1. Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.Notwithstanding §9-25-16 or any other provision of law, the Governor's Office of Energy Policy may make loans, leases, or grants to any municipality or county from the energy conservation loan special revenue fund. The terms and conditions of loans, leases, or grants made pursuant to this section shall be agreed to by the municipality or county by resolution and the Governor's Office of Energy Policy. Source: SL 1990, ch 62, §1; SL 1991, ch 16, §13.
SD Codified L § 1-33B-5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-5 - Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.

1-33B-5. Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.The governmental unit shall forward a copy of the evaluation and proposed guaranteed energy savings contract to the Governor's Office of Economic Development for inclusion in the documentation of the Governor's Office of Economic Development energy conservation report. Source: SL 1992, ch 14, §5; SL 1994, ch 410 (Ex. Ord. 93-9), §18.
SD Codified L § 1-33B-6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-6 - Proposed improvements to state owned buildings--Review by Bureau of Administration.

1-33B-6. Proposed improvements to state owned buildings--Review by Bureau of Administration.For state owned buildings, the governmental unit shall receive permission from the Bureau of Administration and conform to all state laws and rules as they apply to renovating or retrofitting state-owned buildings before submitting a request for proposals under §§1-33B-3 and 1-33B-3.4 to 1-33B-3.6, inclusive. The Bureau of Administration shall review the proposal and notify the governmental unit of its findings within thirty days. Source: SL 1992, ch 14, §6; SL 2016, ch 14, §17.
SD Codified L § 1-33B-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-8 - Written guarantee--Bond--Payment period not to exceed fifteen years.

1-33B-8. Written guarantee--Bond--Payment period not to exceed fifteen years.The contract shall include a written guarantee of the qualified provider that either the energy or operating cost savings, or both, will meet or exceed the costs of the energy efficiency measure within fifteen years. A qualified provider shall provide a sufficient bond to the governmental unit for the installation and the faithful performance of all the measures included in the contract covering the first two years of the contract. The guaranteed energy savings, projected for any additional year of the contract, shall be guaranteed by the qualified provider. The qualified provider shall reimburse the governmental entity for any shortfall of guaranteed energy savings projected in the contract. The guaranteed energy savings contract may provide for payments over a period not exceeding fifteen years. Source: SL 1992, ch 14, §8; SL 2003, ch 21, §2.
SD Codified L § 1-33B-9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-9 - Contracts not subject to chapter 5-18A.

1-33B-9. Contracts not subject to chapter 5-18A.Guaranteed energy savings contracts are not subject to the requirements of chapter 5-18A. Source: SL 1992, ch 14, §9; SL 2011, ch 2, §107.
SD Codified L § 1-33B-10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-10 - Documentation of guaranteed savings--Deficiency paid by qualified provider.

1-33B-10. Documentation of guaranteed savings--Deficiency paid by qualified provider.The governmental unit shall document the operational and energy cost savings specified in the guaranteed energy savings contract and designate and appropriate that amount for an annual payment of the contract. If the annual energy savings are less than projected under the guaranteed energy savings contract the qualified provider shall pay the difference as provided in §1-33B-8. Source: SL 1992, ch 14, §10.
SD Codified L § 1-33B-11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-11 - Executory contract clause--Liability of governmental unit.

1-33B-11. Executory contract clause--Liability of governmental unit.Any guaranteed energy savings contract entered into by a governmental unit shall contain the following clause: "This contract shall be deemed executory only to the extent of the moneys appropriated and available for the purpose of the contract, and no liability on account therefor may be incurred beyond the amount of such moneys. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available moneys for the purpose of this contract." Source: SL 1992, ch 14, §11; SL 2009, ch 1, §122.
SD Codified L § 1-33B-12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-12 - Continuance of contract--Payments.

1-33B-12. Continuance of contract--Payments.If the governmental unit reasonably believes that legally available funds of an amount sufficient to make all contractual payments during the original term and each of the renewal terms can be obtained either through projected operational or energy savings, or both, or a performance bond guaranteeing such savings, the governmental entity shall continue the contract through the original term and all of the renewal terms and pay the contracted payments. Source: SL 1992, ch 14, §12.
SD Codified L § 1-33B-13 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-13 - Termination of contract--Notice--Return of equipment or improvement.

1-33B-13. Termination of contract--Notice--Return of equipment or improvement.If the governmental entity, determines not to appropriate funds for contract payments for any contractual term, the governmental entity may terminate the contract at the end of the term in effect. After giving notice of termination, no governmental entity is obligated to make payments under the contract beyond those agreed to for the contractual term in effect. The governmental entity shall deliver notice to terminate the contract to the qualified provider at least ninety days prior to the end of the term. The governmental entity shall peaceably deliver any equipment or improvement purchased under the contract to the qualified provider subject to reasonable terms and conditions agreed upon by both parties. Source: SL 1992, ch 14, §13.
SD Codified L § 1-33B-14 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-14 - Functions of Governor's Office of Economic Development.

1-33B-14. Functions of Governor's Office of Economic Development.The Governor's Office of Economic Development may perform the following functions:(1)Advise the Governor on policy matters related to production, allocation, planning, research, development and conservation of energy;(2)Act as the representative for the State of South Dakota in coordination with federal agencies concerned with energy;(3)Implement federal energy programs sponsored by the State of South Dakota;(4)Formulate energy policies and programs to guide the management of energy resources and use within the State of South Dakota;(5)Coordinate with other agencies and departments of state government concerned with the effects of energy policies and programs;(6)Collect, analyze, and disseminate information on energy policies and programs;(7)Promote, through the development and implementation of plans, the conservation of energy resources by all energy consumers, including state and local government;(8)Evaluate and recommend public policies relative to energy development and distribution which have an impact on South Dakota;(9)Represent the Governor and the State of South Dakota in regard to national, regional, and state organizations concerned with energy consumption, development, and distribution;(10)Establish plans and programs, within the established federal guidelines, concerning the use and distribution of the petroleum violation escrow funds, federal funds, or other funds;(11)Implement energy conservation loan, lease, and grant programs utilizing the petroleum violation escrow funds, federal funds, or other funds; and(12)Perform such other duties as may be delegated by the Governor. Source: SL 1991, ch 16, §3; SL 1994, ch 410 (Ex. Ord. 93-9), §17; SL 2009, ch 1, §123; SL 2011, ch 1 (Ex. Ord. 11-1), §95, eff. Apr. 12, 2011.
SD Codified L § 1-33B-15 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-15 - Promulgation of rules.

1-33B-15. Promulgation of rules.The Governor's Office of Economic Development may adopt rules, pursuant to chapter 1-26, to establish procedures to implement loan, lease, and grant programs, including programs developed pursuant to the Institutional Conservation Program as authorized by P.L. 95-691, 92 Stat 3238, 42 U.S.C. 6371, and 10 CFR 455 and for the acceptance and expenditure of any other funds obtained from federal sources, gifts, contributions, or any other source. However, no such funds may be expended until appropriated by the Legislature. The rules may:(1)Establish the procedures for applicants to apply for loans, leases, or grants under this section;(2)Establish the criteria for determining which applicants will receive such loans, leases, or grants;(3)Establish the use of proceeds of such loans, leases, or grants;(4)Establish the criteria for the terms and conditions upon which such loans, leases, or grants shall be made, including the terms of security given, if any, to secure loans or leases;(5)Establish the use of proceeds by lenders of funds advanced to such lenders under this section, including the terms and conditions upon which such proceeds shall be loaned to borrowers for the purposes described in this section;(6)Establish the criteria for the lease and purchase plans, determining the type of equipment and the terms under which it may be leased;(7)Establish the criteria and procedures for the repayment and redeposit of loan and lease payments;(8)Establish the criteria and procedures for monitoring use of loan or grant funds and leased equipment, including on-site review; and(9)Establish the criteria and procedures for terminating the loan, lease, or grant in case of violations of rules established under this section governing the use of funds loaned or granted or equipment leased. Source: SL 1991, ch 16, §5; SL 1994, ch 410 (Ex. Ord. 93-9), §17; SL 2009, ch 1, §124; SL 2011, ch 1 (Ex. Ord. 11-1), §95, eff. Apr. 12, 2011.
SD Codified L § 1-33B-16 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-16 - Powers of Governor's Office of Economic Development.

1-33B-16. Powers of Governor's Office of Economic Development.The Governor's Office of Economic Development, in order to implement §1-33B-14, may:(1)Make contracts and execute all instruments;(2)Establish interest rates within the bounds as otherwise statutorily provided;(3)Collect fees and charges, as are determined to be necessary, reasonable and proper in connection with its loans, advances, leases, grants, servicing, and other activities;(4)Provide for the repayment and redeposit of loan and lease payments;(5)Sue or be sued;(6)Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interests held by it, either by action or by exercise of a power of sale, and sell the equity of redemption in the security interests in accordance with the terms of the instruments and applicable state law, and take any other actions necessary to enforce any obligation held by it;(7)Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;(8)Make, and undertake commitments to make, loans or deposits of funds or lease equipment under terms and conditions for the purposes as stated in this chapter; and(9)Make, and undertake commitments to make, loans or deposits of funds or equipment with lenders under terms and conditions which shall require the lenders to make loans of funds or lease equipment for the purposes as stated in this chapter. Source: SL 1991, ch 16, §6; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
SD Codified L § 1-33B-17 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-17 - Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.

1-33B-17. Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.The Governor's Office of Economic Development may establish in the state treasury such accounts as may be necessary to deposit the petroleum violation escrow funds and other funds from which to make the loans and grants authorized under §1-33B-14. However, no such funds may be expended until appropriated by the Legislature. All funds may be invested by the state investment officer pursuant to chapter 4-5. Source: SL 1991, ch 16, §7; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
SD Codified L § 1-33B-18 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 33B - Energy Performance Contracts|Section 1-33B-18 - Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.

1-33B-18. Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.There is established in the state treasury a special revenue fund known as the energy conservation loan special revenue fund for the purposes of making loans, leases, or grants for energy conservation. Any money in the conservation loan special revenue fund is continuously appropriated. Source: SL 1988, ch 22, §4; SL 1994, ch 410 (Ex. Ord. 93-9), §17.