An Act to revise certain provisions related to capital improvements of state buildings.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 5-14-3 be AMENDED:

5-14-3. The Bureau of Human Resources and Administration, under the direction of the committee as provided by this section, shall have has general charge and supervision of the design and construction of all state buildings, power and heating plants, heating, cooling, and air-conditioning systems, water supply, fire protection, sewerage and sewage disposal systems, electrical generation and distribution, and all major repairs, rebuilding or alterations thereof.

The bureau shall supervise the alterations, construction, rebuilding, or repair of all projects having a value of two million dollars or more, except as specifically delegated, in writing by the commissioner of human resources and administration, to a firm or qualified designee within the board, department, or institution concerned. The firm or designee must comply with the requirements of chapter 5-14.

A state building committee is required on all projects having a value of five million dollars or more. The committee shall consist of a member of the board or commission governing the institution or department concerned, the executive director or like officer of the respective board or commission, a representative of the institution or department appointed by the governing board or commission of that institution or department, and a representative of the Bureau of Human Resources and Administration bureau. If the project is funded pursuant to chapter 5-12, the South Dakota Building Authority may appoint a representative. The Bureau of Human Resources and Administration bureau or its delegate, under the direction of the committee, shall prepare, or cause to be prepared, the preliminary plans, specifications, and other descriptive material or reports for all proposed new construction, capital improvement, or major repairs and remodeling. After the preliminary plans have been approved by the committee, the plans shall must be presented to the respective board or commission governing the institution or department concerned. Upon proper authorization of the board or commission, the Bureau of Human Resources and Administration bureau or its delegate, under the direction of the committee, shall prepare, or cause to be prepared, all final plans, specifications, advertisements, notices, and instructions to bidders, proposal forms, and contract forms, and all work incidental to securing bids and contracts for the same, according to the direction of the board or commission governing the institution or department concerned.

The Bureau of Human Resources and Administration shall supervise the construction, including inspection of construction and critical point inspections on projects of one million five hundred thousand dollars or more, repair, rebuilding, or alterations.

Section 2. That § 5-14-33 be AMENDED:

5-14-33. New construction shall, as defined in § 5-14-1, must, in good faith, be designed with the intention of meeting or exceeding the high-performance green building standard that was in effect when the construction was registered with the rating system. Before construction begins, the Office of the State Engineer Bureau of Human Resources and Administration, architect, and building owner shall identify, in good faith, all components of the new construction that are used to satisfy the requirements of this section.

Section 3. That § 5-14-34 be AMENDED:

5-14-34. A waiver of the requirements of § 5-14-33 may be granted by the Office of the State Engineer Bureau of Human Resources and Administration if:

(1) The building will have minimal human occupancy;

(2) The increased costs of achieving a high-performance green building standard cannot be recouped from decreased operational costs within fifteen years; or

(3) The Bureau of Human Resources and Administration bureau determines that extenuating circumstances exist to make impractical high-performance green building standard certification.