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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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.
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.
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 […]
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 […]
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 […]
