reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-1 - Definition of terms.

1-33B-1. Definition of terms.
Terms used in this chapter mean:
(1)"Cost-effective" or "cost-effectiveness," that the sum of guaranteed cost savings are equal to or exceed any financing repayment obligation each year of a finance term;
(2)"Cost-saving measure," a cost-effective improvement, repair, or alteration of equipment fixtures, or furnishings added to or used in a facility that is designed to reduce energy consumption, water consumption, or operation and maintenance costs. The term also includes vehicle acquisitions, changes to utility rate or tariff schedules, or fuel source changes that result in costs savings;
(3)"Energy performance contract," a contract between a governmental unit and a qualified energy service provider for evaluation, recommendation, and implementation of one or more cost-saving measures, evaluation of cost-effectiveness, and guaranteed cost savings;
(4)"Finance term," the length of time for repayment of funds borrowed for an energy performance contract;
(5)"Governmental unit," state government or any political subdivision of the state;
(6)"Guarantee period," the period of time from the effective date of a contract until guaranteed cost savings are achieved;
(7)"Operation and maintenance cost savings," a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures, calculated using baseline operation and maintenance costs. The term does not include the shifting of personnel costs or similar short-term cost savings that cannot be definitively measured;
(8)"Qualified energy service provider" or "provider," a person, business, or state agency with experience in the design, implementation, or installation of cost saving measures, who can demonstrate the financial capabilities of completing the obligations stipulated to in an energy performance contract;
(9)"Utility cost savings," expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service provider. The term includes expenses for natural gas, propane or similar fuels, electricity, water, waste water, and waste disposal.
Source:
SL 1992, ch 14, §1; SL 2016, ch 14, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-2 - Energy conservation measure defined--Inclusions--Limitation.

1-33B-2. Energy conservation measure defined--Inclusions--Limitation.
For the purposes of this chapter, the term, energy conservation measure, means a training program or facility alteration intended to reduce either energy consumption or operating costs, or both, or increase operating revenues through the generation of energy, renewable energy, or improved metering technology, including the following:
(1)Insulation of the building or any structure associated with the building;
(2)Window or door replacement, weather stripping, or modifications that reduce energy consumption;
(3)Automated or computerized energy control systems;
(4)Replacement or modification to increase the energy efficiency of the lighting, heating, air conditioning, or ventilating systems;
(5)Energy recovery or cogeneration systems;
(6)Repair or maintenance items, when included in energy efficiency improvements of the building, if overall measures meet the fifteen-year payback as provided in § 1-33B-3.11;
(7)Energy source conversions which provide either operational or energy cost savings, or both; and
(8)Other energy or utility-related improvements in facilities, systems, or technology that improve energy or metering efficiency or increase operating revenues through the generation of energy, renewable energy, or improved metering technology.
Nothing in this section addresses the relationship between an electric utility and its customer under a proposed energy exchange contract, where the customer seeks status as a qualifying facility under the Public Utility Regulatory Policies Act of 1978, as defined by 18 CFR Part 292, Subpart B, as it existed on January 1, 2005.
Source:
SL 1992, ch 14, §2; SL 2005, ch 20, §1; SL 2021, ch 11, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-3 - Request for proposals defined.

1-33B-3. Request for proposal defined.
For the purposes of this chapter, the term, request for proposal, means a procurement announcement through a public notice, from a governmental unit which administers the program. The request for proposal shall include the following:
(1)The name and address of the governmental unit;
(2)The name, address, title, and phone number of contact person;
(3)The response due date and time deadline;
(4)The location and scope of the project;
(5)The project completion deadline;
(6)The evaluation criteria for awarding a contract; and
(7)Any other stipulations and clarifications the governmental unit may require.
Source:
SL 1992, ch 14, §3; SL 2009, ch 1, §121; SL 2016, ch 14, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-3.1 - Guaranteed cost savings defined.

1-33B-3.1. Guaranteed cost savings defined.
For the purposes of this chapter, the term, guaranteed cost savings, means a guaranteed annual measurable monetary reduction in utility, operating, and maintenance costs for each year of a guarantee period as a result of cost-saving measures. Guaranteed cost savings for utility savings shall be calculated using the mutually agreed upon baseline utility rates in use at the time of an investment-grade energy audit. Guaranteed cost savings for operation and maintenance cost savings shall be calculated using mutually agreed upon baseline operation and maintenance costs at the time of an investment-grade energy audit.
Source:
SL 2016, ch 14, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-3.2 - Investment-grade energy audit defined.

1-33B-3.2. Investment-grade energy audit defined.
For the purposes of this chapter, the term, investment-grade energy audit, means a study of energy or water usage of a public building, including a detailed description of the improvements recommended for the project, the estimated cost of the improvements, and the utility, operation, and maintenance cost savings projected to result from the recommended improvements. The study shall contain all of the information required pursuant to §1-33B-3.
Source:
SL 2016, ch 14, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-19 - Loans, leases or grants to municipality or county--Agreement upon terms and conditions.

1-33B-19. 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 Economic Development 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 Economic Development.
Source:
SL 1990, ch 62, §1; SL 1991 ch 16, §13; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-20 - Loans for analysis and installation of energy conservation measures.

1-33B-20. Loans for analysis and installation of energy conservation measures.
The Governor's Office of Economic Development may make loans, leases, or grants for the purposes of conducting technical analyses of facilities to determine appropriate energy conservation measures and to install such energy conservation measures and leased equipment as are approved under applicability rules as may be established for the program.
Source:
SL 1991, ch 16, §8; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-21 - Foreclosure to protect loans.

1-33B-21. Foreclosure to protect loans.
The Governor's Office of Economic Development may take title by foreclosure to any property given as security if such acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. If such sale, transfer, or conveyance cannot be effected with reasonable promptness, the office may, in order to minimize financial loss, and sustain employment, lease such property to a responsible tenant or tenants.
Source:
SL 1991, ch 16, §9; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-22 - Disbursements from energy conservation special revenue fund.

1-33B-22. Disbursements from energy conservation special revenue fund.
Disbursements from the energy conservation special revenue fund shall be paid on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development.
Source:
SL 1988, ch 22, §7; SL 1991, ch 16, §14; SL 1994, ch 410 (Ex. Ord. 93-9), §17; SL 2009, ch 1, §125; SL 2011, ch 1 (Ex. Ord. 11-1), §97, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-23 - Parties to whom loans authorized.

1-33B-23. Parties to whom loans authorized.
The Governor's Office of Economic Development may make loans, leases, or grants to other state agencies or institutions, local units of government, public and private nonprofit organizations, commercial enterprises, and individuals.
Source:
SL 1991, ch 16, §10; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-24 - Acquisition, lease, and sale of energy saving equipment.

1-33B-24. Acquisition, lease, and sale of energy saving equipment.
The Governor's Office of Economic Development may acquire, lease, or sell such energy saving devices and equipment as are appropriate to carry out the programs authorized by this chapter.
Source:
SL 1991, ch 16, §11; SL 1994, ch 410 (Ex. Ord. 93-9), §§17, 18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-25 - Acceptance of aid or contributions.

1-33B-25. Acceptance of aid or contributions.
The Governor's Office of Economic Development may receive and accept from any source, aid, or contribution of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grants or contributions are made, including, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter.
Source:
SL 1991, ch 16, §12; SL 1994, ch 410 (Ex. Ord. 93-9), §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-26 - Transfer of functions, responsibility, and authority of former Office of Energy Policy.

1-33B-26. Transfer of functions, responsibility, and authority of former Office of Energy Policy.
All statutory and other functions, administrative responsibilities, and rule-making authority, including quasi-legislative, quasi-judicial, advisory, and special budgetary functions, of the former Office of Energy Policy shall be transferred to the Governor's Office of Economic Development.
All of the functions, programs, personnel, and property of the former Governor's Office of Energy Policy are transferred to the Governor's Office of Economic Development.
Source:
SL 1991, ch 16, §15; SL 1994, ch 410 (Ex. Ord. 93-9), §§17, 18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33B - Energy Performance Contracts › Section 1-33B-27 - School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.

1-33B-27. School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.
If a school district enters into an energy savings contract pursuant to chapter 1-33B, the school district may deposit the proceeds from any loan related to the energy savings contract into its general fund or its capital outlay fund. The school district may deposit money resulting from energy savings pursuant to an energy savings contract into its general fund or its capital outlay fund. The school district may repay the loan pursuant to an energy savings contract out of money in its general fund or its capital outlay fund.
Source:
SL 2001, ch 13, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-3 - Board of Social Services--Appointment and terms of members.

1-36-3. Board of Social Services--Appointment and terms of members.
The Board of Social Services is hereby continued within the Department of Social Services and shall consist of seven members, not more than four of which may be members of the same political party, appointed by the Governor and subject to removal for cause only. The term of office of each member is three years. The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.
Source:
SL 1973, ch 2, §69; SL 2012, ch 16, §8; SL 2013, ch 176, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-4 - Officers of board--Functions--Meetings.

1-36-4. Officers of board--Functions--Meetings.
The Board of Social Services shall annually elect from its members such officers as it deems advisable. A majority of the board members shall be required to constitute a quorum. The quasi-legislative, quasi-judicial, and special budgetary functions of the Board of Social Services are transferred to the secretary of social services; otherwise the board shall exercise such functions as are assigned to it by this chapter and such other functions as may be assigned to it by law. The board shall hold meetings at the call of the chairman, but there shall be at least one meeting every six months.
Source:
SL 1973, ch 2, §69; SL 1980, ch 372, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-5.1 - Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.

1-36-5.1. Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.
The divisions of social welfare, mental health and mental retardation, and human development within the Department of Social Services pursuant to chapter 1-36 are hereby abolished and the Department of Social Services shall consist of agencies and programs created by law, executive order, and administrative action and placed within the department.
Source:
SL 1981, ch 376, §17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-6.1 - Performance of functions of former director of social welfare and former director of human development.

1-36-6.1. Performance of functions of former director of social welfare and former director of human development.
The secretary of social services, as head of the Department of Social Services, shall perform all functions under chapter 1-36 of the former director of social welfare and the former director of human development.
Source:
SL 1981, ch 376, §18; SL 1989, ch 21, §27.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-7.1 - Performance of functions of former Division of Social Welfare.

1-36-7.1. Performance of functions of former Division of Social Welfare.
The functions of the former Division of Social Welfare under chapter 1-36 and Title 28, are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.
Source:
SL 1981, ch 376, §19.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-7.2 - Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.

1-36-7.2. Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.
The functions of the former Division of Human Development under chapter 1-36 and the functions of the former Office of Community Services and the supervisor of the Office of Community Services under chapters 26-4 and 26-6 are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.
Source:
SL 1981, ch 376, §20.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-7.4 - Performance of administrative functions for commission on status of women.

1-36-7.4. Performance of administrative functions for commission on status of women.
The Department of Social Services shall, under the direction of the secretary of social services, perform all administrative functions except special budgetary functions (as defined in §1-32-1) of the commission on the status of women created by chapter 20-14, and may provide staff assistance for the commission and may purchase supplies and equipment for the commission as necessary.
Source:
SL 1981, ch 376, §22.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-20 - Secretary may adopt federally mandated rules--Procedure--Effective date.

1-36-20. Secretary may adopt federally mandated rules--Procedure--Effective date.
If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§1-26-4 to 1-26-6, inclusive, serve a copy of the proposed rule, a copy of the appropriate federal statute, rule, or regulation, and an affidavit stating that such proposed rule is mandated by the attached federal statute, rule, or regulation on the director. The director shall review the rules received as to the sufficiency of the form and style and as to their legality. If the director finds need for change, the director shall make any requirements known in writing within three days of service. Five days after service, and upon complying with the requirements of the director, the secretary may file the proposed rule with the secretary of state. Any rule adopted under this section is provisionally effective immediately upon filing or at a later date if required in the federal statute or rule and specified by the department.
Source:
SL 1980, ch 19, §1; SL 1987, ch 29, §64; SL 1989, ch 16, §14; SL 1996, ch 15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-21 - Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.

1-36-21. Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.
The Department of Social Services may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.
Source:
SL 1989, ch 21, §12; SDCL §1-36A-1.12; SL 2011, ch 1 (Ex. Ord. 11-1), §§14, 163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-22 - Compensation for such support--Disposition of funds.

1-36-22. Compensation for such support--Disposition of funds.
The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. Such compensation when received shall be deposited with the state treasurer and credited to the funds of the institution affected, as directed by the secretary of social services and shall be expended for the same purposes and in the same manner as other funds credited to such institution are expended.
Source:
SL 1989, ch 21, §13; SDCL §1-36A-1.13; SL 2011, ch 1 (Ex. Ord. 11-1), §§14, 163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-23 - Transfer of institutional residents--Payment of expenses.

1-36-23. Transfer of institutional residents--Payment of expenses.
The Department of Social Services may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.
The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of social services or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.
Source:
SL 1989, ch 21, §14; SDCL §1-36A-1.14; SL 2011, ch 1 (Ex. Ord. 11-1), §§14, 163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 36 - Department Of Social Services › Section 1-36-24 - Contracts with federal government for care of persons--Compensation.

1-36-24. Contracts with federal government for care of persons--Compensation.
The Department of Social Services may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.
Source:
SL 1989, ch 21, §15; SDCL §1-36A-1.15; SL 2011, ch 1 (Ex. Ord. 11-1), §§14, 163, eff. Apr. 12, 2011.