ENTITLED 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 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. If the project is funded pursuant to chapter 5-12, the South Dakota Building Authority may appoint a representative. The 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 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 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.

Section 2. That § 5-14-33 be AMENDED:

5-14-33. New construction, 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 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 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 determines that extenuating circumstances exist to make impractical high-performance green building standard certification.

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

I certify that the attached Act originated in the: Senate as Bill No. 66 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 66 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State