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
silver standard
certified
rating under the United States Green Building Council's Leadership in
Energy and Environmental Design
(LEED)
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, or
institution,
or the Board of Regents,
which
has:
(a) (i) Has
a cost of at
least one
million dollars
or more or that includes
or contains at least ten
thousand square feet or
more of
space;
(3) "Renovation"
or "renovated," any alteration of a state building with a
cost of one million dollars or more or that includes ten thousand
square feet or more of the building;
(4) "State
building project," new construction or renovation of a building,
which has
and
(b) Has
heating,
ventilation, or air conditioning,
by the Board of Regents or any state agency, department, or
institution.
Section 2. That § 5-14-33 be AMENDED.
5-14-33. State buildings--High-performance green building standard.
Any
state building projects as defined in § 5-14-32, shall meet or
exceed a high-performance green building standard that was in effect
when the project was registered with the rating system.
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. 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) A
building is on the national register of historic places and achieving
a high-performance green building standard would result in
noncompliance with standards for historic preservation as set forth
in the secretary of the interior's Standards for the Treatment of
Historic Properties in effect as of January 1, 2008;
(4) The
square footage of the renovation project is less then fifty percent
of the total square footage of the building being renovated. If the
renovation project is being done in phases, the total square footage
of all intended phases combined shall be used in making this
calculation; or
(5) 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. Initial determination of Bureau of Administration.
No state
building project new
construction may
proceed to
construction until
the Bureau of Administration has determined that the
project
construction
is
satisfactorily designed to
achieve or exceed a high-performance green building standard or that
a waiver is granted pursuant §§ 5-14-32 to 5-14-38,
inclusive
meet the requirements of § 5-14-33.
Section 5. That § 5-14-36 be AMENDED.
5-14-36. Certification.
Upon completion of
a state building project
any new construction,
the Bureau of Administration shall certify:
(1) That
the project achieved a high-performance green building standard;
(2) That
a waiver was granted pursuant to §§ 5-14-32 to 5-14-38,
inclusive; or
(3) That
the project failed to comply with the provisions of §§
5-14-32 to 5-14-38, inclusive
that the new construction met the requirements of § 5-14-33.
Section 6. That § 5-14-37 be AMENDED.
5-14-37. Report to the Legislature.
The Bureau of Administration
shall annually report to the Legislature
a listing of any
state building project which was granted a waiver or
any new construction that was granted a waiver or that
failed to
comply with the provisions of §§ 5-14-32 to 5-14-38,
inclusive
meet the requirements of § 5-14-33.
Section 7. That § 5-14-38 be AMENDED.
5-14-38. Rules.
The Bureau of Administration
shall promulgate rules
pursuant to,
in accordance with
chapter 1-26
establishing the procedures and terms and conditions for certifying a
project and granting waivers and,
to establish
the method for calculating the initial costs and the decreased
operational costs related to achieving high-performance green
building standards.
Signed March 8, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.