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.
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.