South Dakota Codified Laws
Chapter 33B - Energy Performance Contracts
Section 1-33B-3.4 - Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.

1-33B-3.4. Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.
A governmental unit may solicit submissions of qualifications to enter into an energy performance contract by providing public notice to qualified energy service providers. The notice shall invite qualified energy service providers to submit qualifications and proposals for investment grade energy audits. Governmental units shall utilize chapter 36-18A to determine the minimum educational qualifications of a qualified energy service provider. The governmental unit shall comply with procurement procedures for professional services provided under §§5-18D-17 to 5-18D-22, inclusive.

Source: SL 2016, ch 14, §6.

Structure South Dakota Codified Laws

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-3.4 - Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.

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-3.11 - Reduction in amount of financing--Contract term--Measurement and verification report.

Section 1-33B-3.12 - Costs for measurement and verification.

Section 1-33B-3.13 - Annual guaranteed cost savings--Shortfall.

Section 1-33B-4.1 - Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.

Section 1-33B-5 - Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.

Section 1-33B-6 - Proposed improvements to state owned buildings--Review by Bureau of Administration.

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-17 - Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.

Section 1-33B-18 - Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.

Section 1-33B-19 - Loans, leases or grants to municipality or county--Agreement upon terms and conditions.

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.

Section 1-33B-25 - Acceptance of aid or contributions.

Section 1-33B-26 - Transfer of functions, responsibility, and authority of former Office of Energy Policy.

Section 1-33B-27 - School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.