South Dakota Codified Laws
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.

Structure South Dakota Codified Laws