South Dakota § 1-33B-3.13 - Annual guaranteed cost savings--Shortfall.
Full text of South Dakota South Dakota Codified Laws § 1-33B-3.13 — Annual guaranteed cost savings--Shortfall., with citation guidance and answers to common questions.
§ 1-33B-3.13. Annual guaranteed cost savings--Shortfall.
Except as provided in this section, the qualified energy service provider shall pay the governmental unit the amount of any verified annual guaranteed cost savings shortfall each year until guaranteed cost savings are achieved for each year in an initial monitoring period as established in § 1-33B-3.12. The amount of cost savings achieved during a year shall be determined using the baseline rates used in guaranteed cost savings.
In the case of a shortfall, the governmental unit and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term.
If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost savings remain with the governmental unit. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period.
Source: SL 2016, ch 14, § 15.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 1-33B-3.13
What does South Dakota Codified Laws § 1-33B-3.13 cover?
Section 1-33B-3.13 ("Annual guaranteed cost savings--Shortfall.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 1-33B-3.13?
A common citation format is "South Dakota Codified Laws § 1-33B-3.13" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 1-33B-3.13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.