reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:05 - Modification of mortgage or other authority financing terms

Current through Register Vol. 51, page 10, July 15, 2024
The principal amount of the authority mortgage loan or other authority financing may be amended or modified on behalf of the authority at any time before the final mortgage loan or other authority financing closing, pursuant to the resolution of the board authorizing the mortgage loan or other authority financing or the mortgage loan or other authority financing commitment or by separate resolution of the board. The executive director may approve and authorize an increase in the principal amount of the authority mortgage loan or other authority financing in an amount not to exceed five percent of the initial principal amount of the mortgage loan or other authority financing without further action of the board if the executive director feels such an increase is justified by an increase in costs applicable to the housing development and is necessary or desirable to effect the successful construction and operation of the housing development. Any increase in the principal amount of an authority mortgage loan or other authority financing may at no time be inconsistent with the provisions of the act.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL 11-11-106, 11-11-110,  11-11-141, 11-11-142,  11-11-151.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:17 - Regulation of housing sponsors

Current through Register Vol. 51, page 10, July 15, 2024
As a condition precedent to the initial or final closing of an authority mortgage loan or other authority financing, the applicant shall execute a regulatory agreement with the authority and any other accompanying documents regulating the development, construction or rehabilitation, and operation of the proposed housing development under the act and this chapter. The authority's regulatory agreement shall contain provisions concerning the retention of an equity position by for profit housing sponsors, operational assurance requirements, and related matters to ensure the operational stability of housing developments.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL  11-11-141, 11-11-142,  11-11-151, 11-11-156, 11-11-157, 11-11-158.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:18 - Ancillary facilities

Current through Register Vol. 51, page 10, July 15, 2024
To the extent that the coordinated planning and development of administrative, community, recreational, commercial, and other nonhousing facilities in conjunction with rental housing developments are economically feasible and applicable to the proposed housing development and to the neighborhood or market area in which the proposed housing development is to be located, the authority may approve the financing of the ancillary facilities in connection with an authority mortgage loan or other authority financing.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL  11-11-141, 11-11-142.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:20.01 - Bonds and completion assurances

Current through Register Vol. 51, page 10, July 15, 2024
If the authority is providing first mortgage financing, the authority may require the applicant to provide evidence that the general contractor has provided a labor and materials payment bond with corporate surety in favor of the applicant and authority as obligees. This evidence must be provided by the time of the mortgage loan closing. The authority may require the applicant to provide a performance bond with corporate surety in favor of the applicant and the authority as obligees. The executive director shall establish the amount of the bonds required at a level determined to protect the authority from loss. An irrevocable, unconditional letter of credit from a federally insured financial institution may be substituted for up to 90 percent of the performance bond at the sole discretion of the authority. All corporate surety bonds must be issued by corporate sureties whose equity capital is acceptable to the executive director in view of the amount of surety bond being issued to the authority.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL  11-11-155.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:20.03 - Rental programs - Tenant selection plans

Current through Register Vol. 51, page 10, July 15, 2024
Sponsors shall prepare tenant selection plans and shall submit them to the authority staff for review and approval. The plans shall incorporate the income limits and eligibility requirements for occupancy of rental units.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL 11-11-166, 11-11-168.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:24 - Management of multifamily rental housing development

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or owner shall provide, with the concurrence of the executive director, for management of the housing development.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165, 11-11-168,  11-11-180.
Law Implemented:
SDCL  11-11-151, 11-11-160,  11-11-161, 11-11-175.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Section 20:09:06:27 - Fees and charges

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise required or restricted by federal law, the maximum fees and charges which may be levied for the purposes of providing authority mortgage loans or other authority financing for multifamily rental developments are as follows:
(1) A financing fee to the authority not exceeding two and one-half percent of the principal amount of the authority mortgage loan or other authority financing, which may include a nonrecoverable fee of one-tenth of one percent of the estimated principal amount of the financing charged to applicants for preliminary review and determinations; an additional nonrecoverable one-tenth of one percent of the amount of the financing charged to applicants for review beyond the preliminary review stage and the issuance of the authority feasibility letter; and up to two percent charged to an eligible applicant for the provision of the financing;
(2) A servicing fee to the administrative agent not exceeding three-eighths of one percent of the amount of the financing, based on a declining balance;
(3) An administrative fee to the authority not exceeding three-quarters percent of the amount of the financing, based on a declining balance; and
(4) The first time the owner's equity is redefined according to § 20:09:06:06.03, a one-time fee to the authority of up to five percent of the sum of the balances of the residual receipts and the painting and replacement reserve accounts for the applicable development.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141,  11-11-180.
Law Implemented:
SDCL 11-11-128(5),  11-11-152, 11-11-158.
Note:
ARSD 20:09:06:06.03 was repealed by SL 2012, ch 79, §30.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:06 - Rental housing loans › Appendix A - Redetermination of Equity Instructions for Calculation, repealed, SL 2012, ch 79, Section 30, effective July 1, 2012

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:24 - Rural site development program › Section 20:09:24:01 - Description of program

Current through Register Vol. 51, page 10, July 15, 2024
The rural site development program stimulates the development of new affordable housing subdivisions within rural communities in South Dakota which demonstrate a need for such development. The authority requires local lender involvement in all loans or other authority financing provided for any project under this program. Development locations must be located outside of cities whose population exceeds 50,000.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL  11-11-99, 11-11-110,  11-11-118.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:24 - Rural site development program › Section 20:09:24:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Loans or other authority financing may be provided to rural site development projects which meet the following criteria:
(1) The applicant must provide evidence of credit worthiness and repayment ability;
(2) The applicant must provide a plan for the development including the use of a qualified development team including all skills anticipated to be required for the eventual success of the development project;
(3) In evaluating projects for funding, the authority may give a preference for those applications which establish the lowest purchase price and income limits for homes constructed on the development project.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL  11-11-99, 11-11-110,  11-11-118.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:24 - Rural site development program › Section 20:09:24:03 - Applications

Current through Register Vol. 51, page 10, July 15, 2024
Applications to the authority must be made on forms provided by the executive director.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL  11-11-99, 11-11-110,  11-11-115,  11-11-118.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:24 - Rural site development program › Section 20:09:24:04 - Terms

Current through Register Vol. 51, page 10, July 15, 2024
Loans and other authority financing established pursuant to this program shall be upon terms and conditions, interest rates, repayment arrangements, and fees as set forth in the loan agreement between the authority and the applicant.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL 11-11-110,  11-11-118.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:25 - Flexible lending/guarantee program › Section 20:09:25:01 - Description of the program

Current through Register Vol. 51, page 10, July 15, 2024
The flexible lending/guarantee program provides construction, first, and junior loans to borrowers; provides grants to borrowers; and provides for the leveraging of commercial lender funds for the development of affordable single-family housing, multifamily housing, assisted living centers, congregate housing, and day care facilities.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL 11-11-106, 11-11-110,  11-11-118,  11-11-151.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:25 - Flexible lending/guarantee program › Section 20:09:25:02 - Eligible activities and occupants

Current through Register Vol. 51, page 10, July 15, 2024
Only single-family housing, multifamily housing, assisted living centers, congregate housing, and day care centers are eligible for authority assistance pursuant to this program.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL 11-11-106, 11-11-110,  11-11-118,  11-11-151.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:25 - Flexible lending/guarantee program › Section 20:09:25:03 - Reserve program

Current through Register Vol. 51, page 10, July 15, 2024
The flexible lending/guarantee program is a reserve program but may use other authority financing as well as reserves.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL 11-11-106, 11-11-110,  11-11-118,  11-11-151.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:25 - Flexible lending/guarantee program › Section 20:09:25:04 - Terms and conditions

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall specify the terms and conditions for loans, guarantees, and grants in the contract between the authority and the applicant. The authority shall give priority to projects which have at least a thirty-five percent lending participation from a commercial lender.
General Authority:
SDCL  11-11-30, 11-11-128,  11-11-141, 11-11-143, 11-11-165,  11-11-180.
Law Implemented:
SDCL 11-11-106, 11-11-110,  11-11-118,  11-11-151.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Authority," the South Dakota Housing Development Authority;
(2) "Board," the board of commissioners of the authority;
(3) "Housing infrastructure fund," a fund authorized pursuant to SDCL chapter 11-15 and administered by the authority for the purpose of making loans and grants for housing infrastructure projects;
(4) "Housing infrastructure program funding," a grant, a loan, or both a grant and a loan, from the housing infrastructure fund;
(5) "Housing infrastructure project," the installation, replacement, upgrade, or improvement of public infrastructure for the support of a single-family or multi-family housing project;
(6) "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, local government entity, or agency of the state of South Dakota that is created or appointed by statute, ordinance, or resolution and is authorized to exercise any sovereign power derived from state law;
(7) "Public infrastructure," as defined in SDCL  11-15-1;
(8) "Total project cost," the total cost of a housing infrastructure project; and
(9) "Written agreement," the agreement between the applicant and the authority setting forth the terms and conditions of the housing infrastructure project and the housing infrastructure program funding.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for housing infrastructure program funding, the applicant must:
(1) Be a for profit entity, nonprofit entity, tribal government, housing authority, local economic development corporation, or political subdivision of the state of South Dakota or agency of that political subdivision;
(2) Submit an application for housing infrastructure program funding to the authority; and
(3) Comply with the requirements, conditions, restrictions, and limitations imposed by this chapter and SDCL chapter 11-15.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:03 - Ineligible projects

Current through Register Vol. 51, page 10, July 15, 2024
A housing infrastructure project not requesting funding from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, as in effect on December 29, 2022, is not eligible for housing infrastructure program funding if construction on the housing infrastructure project began before February 1, 2023.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:04 - Application form

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall prescribe the application form for housing infrastructure program funding and shall publish the form on the authority's website. The form must require the applicant to provide the information and documentation necessary for the authority to evaluate the proposed housing infrastructure project based on the criteria established in §
									20:09:26:06. A submitted application must include a market study demonstrating the need for the proposed housing infrastructure project, preliminary engineering plans approved by an engineer licensed in South Dakota, and an affidavit from the engineer stating that the total project cost is reasonable based on current market conditions and that the components included in the total project cost are necessary and allowable under this chapter and SDCL chapter 11-15. The market study may not be dated more than three years prior to the date of the application.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:05 - Consideration of applicants

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall consider a complete application for housing infrastructure program funding in the order in which the applications are received by the authority. The authority is not required to consider an incomplete application.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:06 - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall evaluate an application for housing infrastructure program funding based on the following criteria:
(1) The need for the proposed housing infrastructure project as demonstrated by a market study;
(2) The impact of the housing infrastructure project on the availability of housing in the local area;
(3) The existence of ongoing or proposed housing infrastructure projects in the community;
(4) The experience, management record, capacity, and financial status of the applicant, as applicable;
(5) The amount of housing infrastructure program funding requested by the applicant;
(6) The financial feasibility of the housing infrastructure project;
(7) The applicant's control of the site of the housing infrastructure project and the readiness of the applicant to proceed with construction;
(8) Whether the applicant and the proposed housing infrastructure project comply with applicable design standards, ordinances, regulations, and law;
(9) The suitability of the location of the housing infrastructure project for residential purposes;
(10) The input provided by the local governing body and community stakeholders;
(11) The availability of an adequate water supply, water treatment facilities, and wastewater treatment facilities to support the public infrastructure; and
(12) Other factors relevant to the authority in making a sound decision to award housing infrastructure program funding to applicants.
If the applicant applies for grant funding, the authority must also evaluate the application to determine what impact the grant will have in reducing purchase prices for homebuyers or rental costs to tenants in the local area.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:07 - Consultation

Current through Register Vol. 51, page 10, July 15, 2024
Subject to any limitations under federal or state law, the authority may share information regarding the applicant, the application, or the housing infrastructure project, and may consult with the applicable political subdivision, with state agencies, or with any outside party contracted by the authority for program administration, in order to evaluate the application and monitor the housing infrastructure project.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:08 - Approval by local governing body

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit with the application a resolution of the applicable political subdivision stating:
(1) The political subdivision has approved the proposed housing infrastructure project;
(2) The project satisfies the requirements of the political subdivision;
(3) The political subdivision shall own, maintain, or provide the public infrastructure to be developed in the project; and
(4) The political subdivision has the capacity to support the public infrastructure to be developed in the project.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:09 - Location of projects

Current through Register Vol. 51, page 10, July 15, 2024
An eligible housing infrastructure project that is to be owned or maintained by a municipality must be located within the municipality's corporate limits, unless there is a plan to annex into the municipality's corporate limits the real estate where the public infrastructure is located. The authority may require the applicant to return housing infrastructure program funding if the annexation does not occur before the later of:
(1) The date on which the applicant commences construction of the housing infrastructure project; or
(2) The date on which the applicant and the authority enter into the written agreement.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:10 - Funding limitations

Current through Register Vol. 51, page 10, July 15, 2024
The amount of housing infrastructure program funding that the authority may award to an eligible applicant is limited, based on the documented number of eligible housing units that the proposed public infrastructure supports, as follows:
(1) Up to ten thousand dollars per multifamily rental housing unit; and
(2) Up to twenty-five thousand dollars per single family lot.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:11 - Use of funding

Current through Register Vol. 51, page 10, July 15, 2024
Housing infrastructure program funding may not be used to finance:
(1) The acquisition of real property that is not developed as public infrastructure;
(2) The construction of any permanent physical structure or building other than public infrastructure; or
(3) Any debt of the applicant.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:12 - Total project cost

Current through Register Vol. 51, page 10, July 15, 2024
The total project cost may include the direct costs associated with:
(1) The purchase of real property to be developed as public infrastructure and housing;
(2) Necessary site development and improvements;
(3) Construction or acquisition of temporary structures and works necessary for the operation and protection of the housing infrastructure project;
(4) Fees for services;
(5) Approved in-kind contributions; or
(6) Any other cost approved by the board.
The total project cost may not include any costs associated with the construction of any permanent physical structure or building other than public infrastructure or any costs associated with the acquisition of real property not developed for housing.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:13 - Applications for ARPA funding

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may only apply for funds from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, as in effect on December 29, 2022 (ARPA), if the housing infrastructure project is eligible for funding under ARPA and related federal regulations, and the applicant and the housing infrastructure project comply with all applicable federal laws and regulations.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:14 - Approval - Conditional commitment - Written agreement

Current through Register Vol. 51, page 10, July 15, 2024
The board shall approve or deny an application based on the criteria. If an application is approved by the board, the authority must issue a conditional commitment to the applicant setting forth the amount of the housing infrastructure program funding, the terms and conditions of the award, and any additional documents and information to be provided by the applicant. The applicant shall enter into a written agreement with the authority stating the terms and conditions of the housing infrastructure program funding. If the applicant fails to enter into a written agreement with the authority by the deadline stated in the conditional commitment, the authority may either grant an extension or revoke the conditional commitment.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:15 - Modification of authority financing terms

Current through Register Vol. 51, page 10, July 15, 2024
The authority may amend the amount of the housing infrastructure program funding at any time before closing, based on the final itemization of the total project cost. The executive director of the authority may approve and authorize an increase in the housing infrastructure program funding in an amount not to exceed five percent of the initial amount if the executive director finds the increase is justified by an increase in costs applicable to the public infrastructure and is necessary or desirable for the successful construction and operation of the public infrastructure.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-5-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:16 - Maturity and interest rate

Current through Register Vol. 51, page 10, July 15, 2024
The maturity of a loan may not be more than ten years from the date of loan closing, with payments amortized over not more than twenty-five years. The authority shall establish the standard interest rate for loans from time-to-time and publish the rate on the authority's website. The interest rate may not exceed the applicable federal rate published by the Internal Revenue Service pursuant to 26 U.S.C. §
										1274(d), in effect on May 11, 2023, as of the date of the board's approval of an application.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:17 - Time restrictions on applicant

Current through Register Vol. 51, page 10, July 15, 2024
The authority may require the applicant to return housing infrastructure program funding if the applicant fails to commence construction on the housing infrastructure project within nine months of the date of the written agreement. The authority may agree to an extended construction commencement date as a term of the written agreement.
The authority may require the applicant to return housing infrastructure program funding that has not been expended by the applicant within two years of the date of the written agreement.
The executive director of the authority may authorize an extension of up to six months to the established construction commencement date or the date by which funding must be expended, if the executive director finds that mitigating circumstances prevent the applicant from meeting the deadline and the applicant has made a diligent effort to meet the deadline.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:18 - Payment and performance bonding - Letter of credit

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall ensure compliance with the applicable political subdivision's requirements for contractor bonding. If the political subdivision does not have contractor bonding requirements, the contractor, before commencing any work, must furnish surety in an amount not less than the contract price to the applicant, for the faithful performance of the contract, with the additional obligation that the contractor promptly pay all persons supplying the contractor with labor or material in the prosecution of the work provided for in the contract.
In lieu of a payment and performance bond, the applicant may obtain a letter of credit in the amount of the housing infrastructure program funding. The letter of credit must:
(1) List the authority as the named beneficiary;
(2) Be irrevocable and unconditional: and
(3) Be issued by a federally insured financial institution.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:19 - Disbursements

Current through Register Vol. 51, page 10, July 15, 2024
In order to receive a periodic disbursement of housing infrastructure program funding, the applicant must:
(1) Enter into a written agreement;
(2) Remain in compliance with the written agreement and applicable law; and
(3) Provide any documents required by the authority.
The authority may not periodically disburse to the applicant an amount of housing infrastructure program funding, cumulative with prior disbursals, that exceeds one-third of the accumulated total project cost of the housing infrastructure project to date. The authority may not disburse the final ten percent of the total amount of the housing infrastructure program funding awarded to the applicant until after the housing infrastructure project is complete and the applicant has submitted to the authority lien waivers for all work performed and all other documentation required by the authority.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:20 - Access and documents

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall grant the authority reasonable access to the housing infrastructure project site and to the applicant's records. An applicant shall provide any information or documents required by the authority from time to time, for the purpose of verifying compliance with applicable law and the terms and conditions of the written agreement.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:21 - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
An applicant unable to meet one or more of the requirements of this chapter may submit a waiver request with supporting documentation to the authority. The authority may grant or deny the waiver request based on the information submitted by the applicant. The authority may not grant a waiver with respect to any requirement, condition, restriction, or limitation imposed by SDCL chapter 11-15.
General Authority:
SDCL  11-15-6.
Law Implemented:
SDCL  11-15-1 to  11-15-5, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:09 - HOUSING DEVELOPMENT AUTHORITY › Chapter 20:09:26 - HOUSING INFRASTRUCTURE FINANCING PROGRAM › Section 20:09:26:22

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by 49 SDR 125, effective 7/3/2023 is not yet available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:01 - Sessions of commission

Current through Register Vol. 51, page 10, July 15, 2024
The office of the commission shall be in the capitol at
				  Pierre and shall be open each business day for the transaction of business.
				  Meetings or hearings dealing with particular matters shall be held at a place,
				  date, and time as designated by the commission.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:01.01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commission," the Public Utilities
				Commission of the state of South Dakota;
(2) "Applicant" or "petitioner," a party
				seeking approval, authority, or other relief; or any person who notifies the
				commission of a proposed change in gas, electric, or common carrier
				rates;
(3) "Complainant," a party
				who files a complaint;
(4)
				"Consumer complaint," any complaint other than a complaint filed by a
				telecommunications company, utility company, or a person involved in the
				generation, transmission, or distribution of energy;
(5) "Party," a person by or against whom a
				proceeding is commenced or a person admitted by the commission or properly
				seeking and entitled as of right to be admitted as a party;
(6) "Respondent," a party who is complained
				against, or a party investigated or ordered to show cause.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:01.02 - Use of rules of civil procedure

Current through Register Vol. 51, page 10, July 15, 2024
Except to the extent a provision is not appropriately applied
				  to an agency proceeding or is in conflict with SDCL chapter 1-26, another
				  statute governing the proceeding, or the commission's rules, the rules of civil
				  procedure as used in the circuit courts of this state shall
				  apply.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02 - Appearances

Current through Register Vol. 51, page 10, July 15, 2024
Any party to a proceeding may appear before the commission
				  and be heard either in person or by attorney.
General Authority:
SDCL
					 49-1-11(4).
Law Implemented:
SDCL
					 49-1-11(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02.01 - Communications with commissioners

Current through Register Vol. 51, page 10, July 15, 2024
All correspondence with the commission shall be addressed to
				  the commission's executive director at the commission's principal office.
				  Correspondence with the commissioners shall not be addressed to an individual
				  commissioner unless otherwise specifically authorized or directed by the
				  commission.
General Authority:
SDCL
					 49-1-11.
Law Implemented:
SDCL
					 49-1-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02.02 - Filing documents with the commission

Current through Register Vol. 51, page 10, July 15, 2024
When a document is required to be filed with the commission
				  by a specific date or within a prescribed period and the document is served
				  upon the commission by mail, three days shall be added to the due date or to
				  the prescribed period. A facsimile or paper document is considered filed on the
				  date the document is received by the commission. An electronically filed
				  document is considered filed at the time and date the document indicates it was
				  sent to the commission. A person who files a document electronically shall
				  receive electronic confirmation from the commission that the document was
				  received. In the case of a facsimile, the original document shall be
				  subsequently filed, at which time the facsimile shall be removed from the
				  record. Documents and facsimiles will only be received by the commission during
				  regular business hours from 8:00 a.m. to 5:00 p.m., Central Time. If received
				  at a later time or during a weekend or holiday, the document or facsimile is
				  considered filed with the commission on the next working day. A person whose
				  filing is made untimely as a result of an electronic or mail delivery failure
				  may seek appropriate relief from the commission.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02.03 - Contents and filing of pleadings

Current through Register Vol. 51, page 10, July 15, 2024
Except for consumer complaints, each pleading shall be filed
				  with the commission at the time the pleading is served and shall include the
				  following:
(1) The heading and
				caption, including the names of the parties and the docket number, if
				known;
(2) The statements of fact
				and law set forth in numbered paragraphs;
(3) The request of the party filing the
				pleading;
(4) The printed name and
				signature of the party filing the pleading or, if the party is represented by
				an attorney, the printed name and signature of the party's attorney;
(5) The party's or the party's attorney's
				address, telephone number, and the email address at which the party will
				receive electronic service; and
(6)
				The proof of service.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02.04 - Withdrawal and dismissal of pleading prior to final order

Current through Register Vol. 51, page 10, July 15, 2024
A pleading may be dismissed or withdrawn prior to entry of a
				  final order by the commission if a stipulated agreement is filed and the
				  commission does not find that the public interest requires the proceeding to be
				  continued. The commission may also dismiss a pleading at the request of an
				  interested party or on its own motion, stating the reasons in its
				  order.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:02.05 - Filing of documents

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise allowed, any document filed with the
				  commission shall be filed electronically as a .pdf file by accessing the
				  commission's website. If the document is unable to be filed as a .pdf file, the
				  document shall be filed using a widely used file format. Documents larger that
				  eight and one-half by fourteen inches or that otherwise may not be practicably
				  filed by email attachment shall be filed by mail or hand delivery. If a person
				  is requesting confidential treatment of any information, that information shall
				  be filed electronically as a separate document. If a person is unable to file
				  the document electronically due to technical reasons or lack of electronic
				  filing capabilities, the person shall file the original document with the
				  commission by mail or hand delivery and is not required to file electronically.
				  If a person has the computer capability and it is technically feasible, any
				  document that is not filed electronically shall be filed with the commission on
				  a recordable compact disc. These filing requirements apply to all documents
				  unless otherwise specified in this article or required by the
				  commission.
General Authority:
SDCL
					 49-1-11(2),(4).
Law Implemented:
SDCL
					 49-1-11(2),(4).
Contents of consumer complaint, §
					 20:10:01:07.01.
Requests for confidential treatment of information, §
											20:10:01:41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:07.01 - Contents of consumer complaint

Current through Register Vol. 51, page 10, July 15, 2024
A consumer complaint shall be in writing and filed with the
				  commission. A consumer complaint shall contain:
(1) The full name, address, and telephone
				number of each complainant, including an email address if the complainant has
				an email address;
(2) The full name
				and address of each respondent;
(3)
				A full, clear, and reasonably certain statement of the facts giving rise to the
				complaint, with reference where practicable to the law, statute, order, or
				rules of which a violation is claimed;
(4) The remedy requested by the
				complainant;
(5) The printed name
				and signature of the complainant;
(6) The name and address of the complainant's
				attorney, if any; and
(7) An
				affirmation that the statement of facts are accurate to the best of the
				complainant's knowledge.
General Authority:
SDCL
					 49-1-11(2),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-13-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:08.01 - Commission action on consumer complaints

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a consumer complaint, the commission shall
				  attempt to settle the complaint without formal action. If the consumer
				  complaint cannot be properly disposed of informally, the commission shall
				  proceed in accordance with the provisions of §
									20:10:01:09.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-6.
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-34A-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:08.02 - Complaints not in conformity

Current through Register Vol. 51, page 10, July 15, 2024
If the commission believes a complaint does not conform to
				  this chapter, the commission shall notify the complainant or the complainant's
				  attorney, and opportunity shall be given to amend the complaint within a time
				  specified by the commission. If the complaint is not amended within such time,
				  the complaint may be dismissed.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:09 - Service of a consumer complaint - Service of other complaints

Current through Register Vol. 51, page 10, July 15, 2024
For a consumer complaint, the commission shall forward a copy
				  of the complaint to the respondent and a notice requiring the respondent to
				  satisfy the complaint or answer it in writing within 20 days from the date of
				  service of the notice or within such time as may be specified by the
				  commission. For all other complaints, the complainant shall serve the complaint
				  on the respondent. The respondent shall satisfy the complaint or answer it in
				  writing within 20 days from the date of service of the complaint or within such
				  time as may be specified by the commission.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4(6).
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-13-1,
					 49-34A-4(6).
Manner of service, §
					 20:10:01:22.03.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:01 - General rules of practice › Section 20:10:01:09.01 - Service of documents by the commission

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall serve all documents electronically
				  unless a person is unable to receive documents electronically, a document may
				  not practicably be transmitted electronically, or the commission does not have
				  the person's email address.
General Authority:
SDCL
					 49-1-11(2),(4),
					 49-34A-4.
Law Implemented:
SDCL
					 49-1-11(2),(4),
					 49-34A-4.