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, ยง2.
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.