21.471.16 96th Legislative Session 573

2021 South Dakota Legislature

Senate Bill 134


An Act

ENTITLED An Act to limit the required application of green building standards.

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

Section 1. That § 5-14-32 be AMENDED.

5-14-32. Definitions.

Terms used in this section and §§ 5-14-33 to 5-14-38, inclusive, mean:

(1) "High-performance green building standard," a building that is designed and constructed in a manner that achieves at least:

(a) A certified rating under the United States Green Building Council's Leadership in Energy and Environmental Design rating system in effect as of November 18, 2013;

(b) A two globe rating under the Green Building Initiative's Green Globes rating system as of July 31, 2013; or

(c) A comparable numeric rating under a sustainable building certification program recognized by the American National Standards Institute as an accredited standards developer;

(2) "New construction," any new building constructed by any state agency, department, institution, or the Board of Regents, which:

(a) Has a cost of at least one million dollars or contains at least ten thousand square feet of space; and

(b) Has heating, ventilation, or air conditioning.

Section 2. That § 5-14-33 be AMENDED.

5-14-33. State buildings--High-performance green building standard.

New construction shall, 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, 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. Green building standard--Waiver of requirements.

A waiver of the requirements of § 5-14-33 may be granted by the Office of the State Engineer 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 Administration determines that extenuating circumstances exist to make impractical high-performance green building standard certification.

Section 4. That § 5-14-35 be AMENDED.

5-14-35. Green building standard--Determination of Bureau of Administration.

No new construction may proceed until the Bureau of Administration has determined that the construction is satisfactorily designed to meet the requirements of § 5-14-33.

Section 5. That § 5-14-36 be AMENDED.

5-14-36. Green building standard--Certification.

Upon completion of any new construction, the Bureau of Administration shall certify that the new construction met the requirements of § 5-14-33.

Section 6. That § 5-14-37 be AMENDED.

5-14-37. Green building standard--Report to the Legislature.

The Bureau of Administration shall annually report to the Legislature a listing of any new construction that was granted a waiver or that failed to meet the requirements of § 5-14-33.

Section 7. That § 5-14-38 be AMENDED.

5-14-38. Green building standard--Rules.

The Bureau of Administration shall promulgate rules, in accordance with chapter 1-26, to establish the method for calculating the initial costs and the decreased operational costs related to achieving high-performance green building standards.

An Act to limit the required application of green building standards.

I certify that the attached Act originated in the:

Senate as Bill No. 134

Secretary of the Senate

President of the Senate


Secretary of the Senate

Speaker of the House


Chief Clerk

Senate Bill No. 134

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.


for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021




Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State


Asst. Secretary of State