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.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 33B - Energy Performance Contracts
Section 1-33B-1 - Definition of terms.
Section 1-33B-2 - Energy conservation measure defined--Inclusions--Limitation.
Section 1-33B-3 - Request for proposals defined.
Section 1-33B-3.1 - Guaranteed cost savings defined.
Section 1-33B-3.2 - Investment-grade energy audit defined.
Section 1-33B-3.3 - Measurement and verification defined.
Section 1-33B-3.5 - Evaluation of qualifications and proposals.
Section 1-33B-3.6 - Contract negotiation.
Section 1-33B-3.7 - Preparation of investment-grade energy audit.
Section 1-33B-3.8 - Contents of investment-grade energy audit.
Section 1-33B-3.9 - Costs of the investment-grade energy audit.
Section 1-33B-3.10 - Funds for payment of energy performance contract.
Section 1-33B-3.12 - Costs for measurement and verification.
Section 1-33B-3.13 - Annual guaranteed cost savings--Shortfall.
Section 1-33B-8 - Written guarantee--Bond--Payment period not to exceed fifteen years.
Section 1-33B-9 - Contracts not subject to chapter 5-18A.
Section 1-33B-10 - Documentation of guaranteed savings--Deficiency paid by qualified provider.
Section 1-33B-11 - Executory contract clause--Liability of governmental unit.
Section 1-33B-12 - Continuance of contract--Payments.
Section 1-33B-13 - Termination of contract--Notice--Return of equipment or improvement.
Section 1-33B-14 - Functions of Governor's Office of Economic Development.
Section 1-33B-15 - Promulgation of rules.
Section 1-33B-16 - Powers of Governor's Office of Economic Development.
Section 1-33B-20 - Loans for analysis and installation of energy conservation measures.
Section 1-33B-21 - Foreclosure to protect loans.
Section 1-33B-22 - Disbursements from energy conservation special revenue fund.
Section 1-33B-23 - Parties to whom loans authorized.
Section 1-33B-24 - Acquisition, lease, and sale of energy saving equipment.