Solar & Battery Regulation & Incentive Programs

High-Performance Building Requirements for State Buildings

Program Overview


Category:
Regulatory Policy
Program Type:
Energy Standards for Public Buildings
Implementing Sector:
State
State:
South Dakota
Eligible Storage Technologies:
Solar - Passive, Solar Water Heat, Solar Space Heat, Solar Photovoltaics, Wind (All), Biomass, Geothermal Heat Pumps, Combined Heat & Power, Daylighting, Comprehensive Measures/Whole Building, Hydroelectric (Small)
Green Building Requirement:
U.S. Green Building Council's LEED Silver rating
Applicable Sectors:
State Government, Installers/Contractors
Last Updated:
09/30/2019

Summary

In March 2008, South Dakota enacted legislation mandating the use of high-performance building standards in new state construction and renovations. This policy requires that new and renovated state buildings achieve the U.S. Green Building Council's LEED Silver rating, a two-globe rating under the Green Building Initiative's (GBI) Green Globe rating system, or a comparable numeric rating from another accredited sustainable building certification program. The law applies to all new construction projects and renovations by state agencies, departments, or institutions that cost more than $1,000,000 or include more than 10,000 square feet of space. The standard only applies to buildings with heating, ventilation and air-conditioning systems.

The Office of the State Engineer may issue a waiver to this requirement if:

  • The building will have minimal human occupancy;
  • The increased capital cost will not be recouped within 15 years from decreased operational costs;
  • The standard would conflict with existing historic properties laws;
  • The square footage of a renovation project is less than 50% of the total square footage of the building; or
  • The South Dakota Bureau of Administration (BOA) determines that the standard is impractical for a given project.

The BOA must adopt rules for determining compliance and issuing waivers under the standard. Any waivers issued by the BOA must be reported annually to the state legislature.
 


Authorities

NameEnacted DateEffective DateExpired Date
SDCL § 5-14-32 et seq.3/17/2008