High-Performance Building Requirements for State Buildings
This program does not apply to homeowners. It mandates high-performance building standards for new South Dakota state government buildings costing $1 million or more or exceeding 10,000 square feet, requiring LEED certification or equivalent sustainable rating.
State building contractors must design new projects to achieve LEED certified rating (or comparable standards like GBI's Green Globe) and obtain Bureau of Administration approval before construction begins. Projects must document which components satisfy the standard, and final certification is required upon completion; waivers are available only if the building has minimal occupancy, cost recovery exceeds 15 years, or extenuating circumstances exist.
This mandate requires the Bureau of Administration to pre-approve designs, verify compliance with LEED or equivalent standards, and certify completion of all new state construction projects $1M+ or over 10,000 sq ft with HVAC systems. Annual reporting to the legislature of any waivers or non-compliance is required; the Office of the State Engineer coordinates with architects and building owners on standard identification during design phases.
Program details
- Program ID
- 3013
- Last updated
- 3/13/2024
Eligibility
- Sectors
- state government
- Technologies
- solar - passive solar water heat solar space heat solar photovoltaics wind (all) biomass geothermal heat pumps combined heat & power daylighting hydroelectric (small) comprehensive measures/whole building
Program summary
In March 2008, South Dakota enacted legislation mandating the use of high-performance building standards in new state construction and renovations. The law was updated in 2021, lessening the previous standards and removing the requirements for renovations. The policy now requires that new state buildings achieve the U.S. Green Building Council's LEED certified rating (decreased from 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 by state agencies, departments, or institutions that has a cost of at least $1,000,000 or includes more than 10,000 square feet of space. The standard only applies to buildings with heating, ventilation, and air-conditioning systems.
No new construction may proceed until the Bureau of Administration (BOA) has determined that the construction is satisfactorily designed to meet the requirements of the high-performance building standard. New constructions 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, architect, and building owner must identify, in good faith, all components of the new construction that are used to satisfy the requirements. Upon completion of any new construction, the BOA will certify that the requirements have been met.
The Office of the State Engineer may issue a waiver to this requirement if:
- The building will have minimal human occupancy;
- The increased costs of achieving a high-performance green building standard cannot be recouped from decreased operational costs within fifteen years; or
- The BOA determines that extenuating circumstances exist to make impractical high-performance green building standard certification.
Any waivers issued or new construction that failed to meet the requirements must be reported annually by the BOA to the state legislature.
Contact & resources
- Contact email
- Stacy.Watters@state.sd.us
- Additional resources
Please verify current program details with the administering agency before making any financial decisions.
