reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:03 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall be made on the form prescribed by the commissioner, be signed by a duly authorized representative of the applicant, and submitted to GOED. The application shall be executed under penalties of perjury.
General Authority:
SDCL  1-16G-8(7),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(7),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:04 - Application periods

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise directed by the board, the board shall consider applications on a quarterly basis. Any application received by July 31st shall be considered by the board at the board's September meeting; any application received by October 31st shall be considered by the board at the board's December meeting; any application received by January 31st shall be considered by the board at the board's March meeting; and any application received by April 30th shall be considered by the board at the board's June meeting. If the board does not meet in any of the months designated in this section, the board shall consider any application at the board's next scheduled meeting.
General Authority:
SDCL  1-16G-8(7),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(7),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:05 - Local infrastructure improvement grant award

Current through Register Vol. 51, page 10, July 15, 2024
The board may award a local infrastructure improvement grant as it deems appropriate based on the criteria set forth in this chapter.
General Authority:
SDCL  1-16G-8(8)(9),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(8)(9),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:06 - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
When making a decision on an application, the board shall consult with appropriate state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements, consider the economic impact of the economic development project to be served by the proposed infrastructure improvements, and consider the funding available to and utilized by the applicant.
General Authority:
SDCL  1-16G-8(8),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(8),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:07 - Conditions of local infrastructure improvement grant

Current through Register Vol. 51, page 10, July 15, 2024
The board may place conditions on any local infrastructure improvement grant issued under this chapter in order to ensure substantial conformity with the representations contained in the application and the criteria described in §
									68:02:09:06  under which the grant was awarded.
General Authority:
SDCL  1-16G-8(11),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(11),  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:08 - Payment

Current through Register Vol. 51, page 10, July 15, 2024
GOED shall tender payment of any local infrastructure improvement grant awarded under this chapter within 30 days of the applicant providing the documentation required by GOED to establish it has complied with the terms and conditions imposed pursuant to this chapter.
General Authority:
SDCL  1-16G-8(11),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(11),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:09 - Delegation of administrative functions

Current through Register Vol. 51, page 10, July 15, 2024
The GOED shall perform the administrative functions of the creation, processing, and review of local infrastructure improvement applications; the creation, processing, and review of documentation necessary to evidence compliance with the terms and conditions of the local infrastructure improvement grant and the requirements of this chapter; disbursement of local infrastructure improvement grants in accordance with conditions imposed pursuant to this chapter; and other tasks necessary to expedite and assist the board in the board's duties. Notwithstanding any assurance, guarantee, communication, or representation made to the contrary, there is no commitment of the local infrastructure improvement grant fund without specific authorization by the board. Only the board may approve a local infrastructure improvement grant from the local infrastructure improvement grant fund.
General Authority:
SDCL  1-16G-8(5)(7),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(5)(7),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:10 - Access and reporting

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall grant GOED reasonable access to the project and the applicant's records, and provide such information, documentation and reports as GOED may require, for the purpose of determining compliance with the conditions of the local infrastructure improvement grant and of this chapter.
General Authority:
SDCL  1-16G-8(9)(11),  1-16G-50,  1-16G-54.
Law Implemented:
SDCL  1-16G-8(9)(11),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:11 - Default

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following constitutes a default upon the conditions of a local infrastructure improvement grant:
(1) If the applicant knowingly makes any material false statement or report in the application;
(2) Failure to adhere to the conditions of the local infrastructure improvement grant; or
(3) Repealed failure by the applicant to provide access to documents or to provide the reports and other information required by this chapter.
General Authority:
SDCL  1-16G-8(9)(11),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(9)(11),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:12 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
If there is a default pursuant to §
									68:02:09:11  as determined by the board, within thirty days of written demand from the board, the applicant shall repay to GOED the local infrastructure improvement grant disbursed to the applicant. In addition to any other action considered appropriate by the board to protect the interest of the board and the local infrastructure improvement grant fund, the board may retain counsel and commence a civil action to recover any local infrastructure improvement grant proceeds that the applicant is required to pay.
General Authority:
SDCL  1-16G-8(11),  1-16G-54.
Law Implemented:
SDCL  1-16G-1.1(5)(7),  1-16G-8(11),  1-16G-50,  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:09 - Local infrastructure improvement program › Section 68:02:09:13 - Conflicts of interest

Current through Register Vol. 51, page 10, July 15, 2024
No member of the board or the GOED staff may participate in or vote upon a decision of the board concerning an application in which that member has a direct personal or financial interest.
General Authority:
SDCL  1-16G-8(7),  1-16G-54.
Law Implemented:
SDCL  1-16G-8(7),  1-16G-54.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Applicant," any person that has completed a REDI fund grant application;
(2) "Board," the Board of Economic Development;
(3) "Commissioner," the commissioner of the Governor's Office of Economic Development;
(4) "Completed the project" or "completion of the project," the first date when the project is operational;
(5) "Construction date," the first date earth is excavated or a contractor has initiated work for the purpose of constructing a new or expanded facility or the first date new equipment is located on the project site or existing equipment is removed from the project site for the purpose of equipment upgrades, whichever occurs first;
(6) "Equipment upgrades," the installation of new equipment or the replacement or improvement of existing equipment, which is subject to the sales use tax imposed by chapters 10-45 or 10-46 or contractor's excise tax imposed by SDCL chapter 10-46 A or 10-46 B;
(7) "GOED," the Governor's Office of Economic Development;
(8) "New or expanded facility," a new building or structure, or the expansion, renovation, or retrofitting of an existing building or structure, which is subject to the contractor's excise tax imposed by SDCL chapter 10-46A or 10-46B;
(9) "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;
(10) "Project," a new or expanded facility with a project cost which is less than twenty million dollars, or equipment upgrades with a project cost which is less than two million dollars. A project includes laboratory and testing facilities, manufacturing facilities, data centers, power generation facilities, power transmission facilities, agricultural processing facilities, wind energy facilities, and facilities defined by GOED as targeted industries. A project does not include a building or structure:
(a) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;
(b) Used predominantly for residential housing or transient lodging;
(c) Used predominantly to provide health care services;
(d) Used predominantly for the transportation or transmission of natural gas, oil, or crude oil by means of a pipeline; or
(e) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts;
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A person may apply for a South Dakota Jobs grant pursuant to this chapter for a project as defined in §
									68:02:10:01(10). The person shall:
(1) Timely file an application with GOED as required by §
									68:02:10:03;
(2) Request the board take action to approve or deny its application for South Dakota Jobs grant pursuant to §
									68:02:10:06;
(3) Accept the board's approval pursuant to §
									68:02:10:07;
(4) Timely file an affidavit for a South Dakota Jobs grant with GOED as required by §
									68:02:10:11; and
(5) Otherwise comply with the conditions, restrictions, and limitations imposed by this chapter.
General Authority:
SDCL  1-16G-5,  1-16G-8(6).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(6),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:03 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Any person commencing a project in South Dakota is eligible to apply for a South Dakota Jobs grant. Each application shall be made on the form prescribed by the commissioner, signed by the project owner, and submitted to GOED. The application must be submitted to GOED no later than ninety days after the construction date. The application shall be executed under penalties of perjury.
General Authority:
SDCL  1-16G-5,  1-16G-8(7).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:04 - South Dakota Jobs grant

Current through Register Vol. 51, page 10, July 15, 2024
The board may approve South Dakota Jobs grant as it deems appropriate based on the criteria set forth in this chapter.
General Authority:
SDCL  1-16G-5,  1-16G-8(9).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(9),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:05 - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
When making a decision on an application, the board shall consider the following:
(1) Likelihood the project would have occurred without the grant;
(2) Economic impact of primary jobs created or retained by the project;
(3) Net economic effects of increasing or stabilizing the economy on the community, area, and state;
(4) Competitive effect of the project on existing businesses;
(5) Support of the public entities of the community and area for the project;
(6) The effect of the project on the environment, health, and safety of the people in the community, area, and state;
(7) Compatibility of the project with economic development plans of the area and state;
(8) Type of project;
(9) Infrastructure needed to support the project;
(10) Impact of the project on the property tax base;
(11) Projected payroll, pay structure, and employee benefit structure;
(12) Number of jobs created or retained by the project;
(13) The potential success of the project and the potential for creating quality jobs and the growth of those jobs; and
(14) The character, experience, management record, and background of the applicant.
General Authority:
SDCL  1-16G-5,  1-16G-8(8).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(8),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:06 - Board action on application

Current through Register Vol. 51, page 10, July 15, 2024
After GOED has received the completed application, the applicant may make a written request to GOED for the board to take action on the application. If requested by the applicant, the fact that an application has been proposed or is pending shall be maintained as confidential until such time as the applicant makes a written request for the board to take action on the application. At the next regular meeting that is more than 15 days after the request to take action or within 60 days of the request, whichever is sooner, the board shall approve the application as requested, approve the application contingent on the realization of certain defined conditions, or disapprove the application. If the application is disapproved, the reasons shall be transmitted to the applicant in writing. An applicant whose application has been disapproved may submit another application that addresses the reason for disapproval. The board may extend the time for consideration of an application for up to 50 additional days by advising the applicant of the extension in writing. No action may be taken by the board on any application submitted to GOED until requested in writing by the applicant. Any official action on the application shall be taken in open session.
General Authority:
SDCL  1-16G-5,  1-16G-8(7),  1-16G-48(5).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:07 - Acceptance

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days of board approval of the application, the applicant must accept the approval in writing or the approval is void. At the time of acceptance, the applicant must either show it has complied with any requirements imposed by the board, or agree in writing to comply with any such conditions prior to payment of the South Dakota Jobs grant.
General Authority:
SDCL  1-16G-5,  1-16G-8(7)(11).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7)(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:08 - Conditions of South Dakota Jobs grant

Current through Register Vol. 51, page 10, July 15, 2024
At the time it takes action on an application, the board may place conditions on any South Dakota Jobs grant approved under this chapter in order to ensure substantial conformity with the representations contained in the application and the criteria described in §
									68:02:10:05  under which the grant was awarded.
The applicant shall notify the GOED in writing within 30 days of the construction date to indicate the project has commenced.
General Authority:
SDCL  1-16G-5,  1-16G-8(11)
Law Implemented:
SDCL  1-16G-5,  1-16G-8(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:09 - Application for modification

Current through Register Vol. 51, page 10, July 15, 2024
If after receiving board approval of its application, a material change occurs in the information contained in the approved application, the applicant may apply to modify its approved application. The board may approve the application for modification as requested, disapprove the application for modification, approve the application for modification contingent on the realization of certain defined conditions, or disapprove the application for modification. If the application for modification is disapproved, the reasons shall be transmitted to the applicant in writing. An applicant whose application for modification has been disapproved may submit another application for modification that addresses the reason for disapproval.
General Authority:
SDCL  1-16G-5,  1-16G-8(7).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:10 - Time restrictions on applicant

Current through Register Vol. 51, page 10, July 15, 2024
The construction date must be no later than six months after receiving a permit from GOED, however, the board may extend the time for the construction date at the time the board approves the application if the request has been made in writing by the applicant, or at a later date if mitigating circumstances prevent the applicant from meeting the construction date deadline and the applicant has made diligent effort to meet the construction date deadline established pursuant to this section.
Unless an extension is granted at the sole discretion of the board, no project costs that occur after three years from the construction date may be included in the final project cost determination. Any request for extension of the time allowed pursuant to this chapter to complete the project must state the grounds for the requested extension and must be received by GOED within two years and nine months from the date of construction. In no event may project costs incurred more than four years from the date of construction be included in the final project cost determination.
General Authority:
SDCL  1-16G-5,  1-16G-8(7)(11),  1-16G-48(5).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7)(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:11 - Affidavit for South Dakota Jobs grant

Current through Register Vol. 51, page 10, July 15, 2024
Within six months after the completion of the project, the applicant shall file an affidavit for a South Dakota Jobs grant with GOED. The affidavit for a South Dakota Jobs grant shall be on the form prescribed by the commissioner, shall include a statement that the project, as completed, substantially conforms to the project described in the original application or as modified pursuant to §
									68:02:10:09, shall contain all other information required by the chapter, and be signed by the project owner. The affidavit for a South Dakota Jobs grant shall be executed under penalties of perjury.
General Authority:
SDCL  1-16G-5,  1-16G-8(7)(11).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7)(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:12 - Payment

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days of receiving the completed affidavit for a South Dakota Jobs grant and a determination by GOED that all terms and conditions imposed pursuant to this chapter have been met, GOED shall tender the South Dakota Jobs grant to the project owner or the project owner's assignee. If the project owner or assignee has granted a security interest in the expectation of receipt of a South Dakota Jobs grant, payment shall be made jointly-payable to the project owner or assignee and the holder of the security interest. If GOED requests additional information or documentation from the project owner, the 90 day period shall begin to run from the date of receipt of the additional documents or information.
General Authority:
SDCL  1-16G-5,  1-16G-8(9).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(9),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:13 - Delegation of administrative functions

Current through Register Vol. 51, page 10, July 15, 2024
The GOED shall perform the administrative functions of the creation, processing, and review of South Dakota Jobs grant applications; the creation, processing, and review of documentation necessary to evidence compliance with the terms and conditions of the South Dakota Jobs grant and the requirements of this chapter; disbursement of South Dakota Jobs grant and the requirements of this chapter; and other tasks necessary to expedite and assist the board in the board's duties. Notwithstanding any assurance, guarantee, communication, or representation made to the contrary, there is no commitment of the South Dakota Jobs subfund without specific authorization by the board. Only the board may approve a South Dakota Jobs grant from the South Dakota Jobs subfund.
General Authority:
SDCL  1-16G-5,  1-16G-8(5)(7).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(5)(7),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:14 - Access and reporting

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall grant GOED reasonable access to the project and to applicant's records, and provide such information, documentation, and reports as GOED may require, for the purpose of determining compliance with the conditions of the reinvestment payment and of this chapter.
General Authority:
SDCL  1-16G-5,  1-16G-8(5)(11).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(5)(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:15 - Default

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following constitutes a default upon the conditions of a reinvestment payment:
(1) If the person filing the affidavit for a South Dakota Jobs grant knowingly makes any material false statement or report in the affidavit for a South Dakota Jobs grant;
(2) Failure to adhere to the conditions of the South Dakota Jobs grant;
(3) Repeated failure by the applicant to provide access to the project or related documents or to provide the reports and other information required by this chapter; or
(4) Failure of the applicant to remain current on its tax obligations to the State of South Dakota. However, for the purposes of this section, the applicant is not deemed delinquent on its tax obligations to the State of South Dakota if the applicant is currently disputing its tax obligation in accordance with the appeal procedures provided by law.
General Authority:
SDCL  1-16G-5,  1-16G-8(9)(11).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(9)(11),  1-16G-48(5).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:16 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
If there is a default pursuant to §
									68:02:10:15  as determined by the board, within thirty days of written demand from the board, the project owner shall repay to GOED the South Dakota Jobs grant disbursed to the project owner. In addition to any other action considered appropriate by the board to protect the interest of the board and the South Dakota Jobs subfund, the board may retain counsel and commence a civil action to recover any grant proceeds that the project owner is required to repay.
General Authority:
SDCL  1-16G-5,  1-16G-8(11).
Law Implemented:
SDCL  1-16G-1.1(5)(7),  1-16G-5,  1-16G-8(11).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:02 - Board of economic development › Chapter 68:02:10 - South Dakota jobs grant program › Section 68:02:10:17 - Conflicts of interest

Current through Register Vol. 51, page 10, July 15, 2024
No member of the board or the GOED staff may participate in or vote upon a decision of the board concerning an application relating to a project in which that member has a direct personal or financial interest.
General Authority:
SDCL  1-16G-5,  1-16G-8(7).
Law Implemented:
SDCL  1-16G-5,  1-16G-8(7).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Applicant," the political subdivision or developer submitting an application for certification as a certified site;
(2) "Application," the application for certification as a certified site required by GOED;
(3) "Business services/research and development certified site," a location that has been certified as either a tier 1 or tier 2 business services/research and development certified site;
(4) "Certified site," a site that has met the criteria established in this chapter for certification as a site ready for development for industrial, technological, or other business or educational purposes;
(5) "Commissioner," the commissioner of the Governor's Office of Economic Development;
(6) "Developer," a governmental or quasi-governmental entity, a for-profit entity, a non-profit entity, or an individual that is developing or seeks to develop a certified site;
(7) "GOED," the Governor's Office of Economic Development;
(8) "Heavy industrial certified site," a location that has been certified as either a tier 1 or tier 2 heavy industrial certified site;
(9) "Light industrial certified site," a location that has been certified as either a tier 1 or tier 2 light industrial certified site;
(10) "Political subdivision," a subdivision of the state or other entity to which has been delegated certain sovereign powers, including a county, city, township, planning district, business improvement district, improvement district, railroad authority, and any other authority created under state law;
(11) "Rural business park certified site," a location that has been certified as either a tier 1 or tier 2 rural business certified site;
(12) "Site," the physical location that is the object of a certification application.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:02 - Eligibility - Application

Current through Register Vol. 51, page 10, July 15, 2024
Only a political subdivision or developer may apply for classification of a site as a certified ready site. Each application for certification hall be made on the form prescribed by GOED, signed by a duly authorized representative. The application shall be executed under penalties of perjury.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:03 - Evaluation criteria

Current through Register Vol. 51, page 10, July 15, 2024
The GOED shall review the application for compliance with the criteria set out in these rules.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:04 - Designation as a certified site - Use

Current through Register Vol. 51, page 10, July 15, 2024
If GOED determines that the site meets all the criteria for the site designation being sought, GOED shall issue a certificate of readiness and the site shall be posted on the GOED website. Any interested party may utilize the certified site designation, including any accompanying certificates or other identifying marks, in marketing, promotional, and informational materials.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:05 - Ongoing reporting requirements - Revocation of designation

Current through Register Vol. 51, page 10, July 15, 2024
No less often than biennially, the applicant shall certify to the GOED in writing that none of the material facts set out in its initial application have changed. If any material change occurs, the applicant shall, within 30 days of a material change, notify the GOED, in writing, of any such change. If the applicant fails to submit a report or the site is no longer eligible for certification, the GOED may revoke the certification after notice and a hearing conducted pursuant to the provisions of SDCL chapter 1-26.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:07 - Tier 1 business services/research and development certified site

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for certification as a tier 1 business services/research and development certified site, the applicant shall file the following with GOED:
(1) All the documentation required for certification as a tier 2 business services/research and development certified site;
(2) Proof that the site is a minimum of two contiguous acres;
(3) Proof that the site is within 25 road miles of a four-lane highway or interstate highway;
(4) Proof that the electric service provider will provide service to the site at a voltage level that exceeds 12 kV;
(5) Proof that the telecommunications and internet service providers will provide current competitive broadband service to the site defined as a connection with speeds of at least 100 Mbps; and
(6) Any other documentation GOED may require to verify or support compliance with any of the requirements of this section.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:09 - Tier 1 light industrial certified site

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for certification as a tier 1 light industrial certified site, the applicant shall file the following with the GOED:
(1) All the documentation required for certification as a tier 2 light industrial certified site;
(2) Proof that the site is a minimum of two contiguous acres;
(3) Proof that the site is within 25 road miles of a four-lane highway or interstate highway;
(4) Proof that the telecommunications and internet service providers will provide current competitive broadband service to the site defined as a connection with speeds of at least 30 Mbps;
(5) Certification from a service or utility provider that the site is capable of being equipped with, at a minimum, an eight inch water supply line and a four inch sewer line;
(6) Certification from a service or utility provider that the site is capable of being equipped with a three inch natural gas supply line;
(7) Proof that the electric service provider will provide service to the site at a voltage level that exceeds 12kV; and
(8) Any other documentation GOED may require to verify or support compliance with any of the requirements of this section.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:11 - Tier 1 heavy industrial certified site

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for certification as a tier 1 heavy industrial certified site, the applicant shall file the following with GOED:
(1) All the documentation required for certification as a tier 2 heavy industrial certified site;
(2) Proof that the site is a minimum of five contiguous acres;
(3) Proof that the site is within 10 road miles of a four-lane highway or interstate highway;
(4) Proof that the electric service provider will provide service to the site at a voltage level that exceeds 12 kV;
(5) Certification from a service or utility provider that the site is capable of being equipped with, at a minimum, an eight inch water supply line and an eight inch sewer line;
(6) Certification from a service or utility provider that the site is capable of being equipped with a three inch high pressure natural gas supply line; and
(7) Any other documentation GOED may require to verify or support compliance with any of the requirements of this section.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:13 - Tier 1 rural business park certified site

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for certification as a tier 1 rural business park certified site, the applicant shall file the following with GOED:
(1) All the documentation required for certification as a tier 2 rural business park;
(2) Proof that the site is a minimum of two contiguous acres;
(3) Proof that the site is within 25 road miles of a four-lane highway or interstate highway;
(4) Proof that the electric service provider will provide service to the site at a voltage level that exceeds 12 kV;
(5) Proof that the telecommunications and internet service providers will provide current competitive broadband service to the site defined as a connection with speeds of at least 30 Mbps;
(6) Certification from a service or utility provider that the site is capable of being equipped with, at a minimum, a four inch water supply line and a four inch sewer line;
(7) Certification from a service or utility provider that the site is capable of being equipped with a three inch natural gas supply line; and
(8) Any other documentation GOED may require to verify or support compliance with any of the requirements of this section.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:14 - Inspections - Verification

Current through Register Vol. 51, page 10, July 15, 2024
GOED may from time to time conduct inspections of sites and may contact any service provider, vendor, state agency, or political subdivision listed in the application to verify that the contents of the application are or continue to be true and accurate. Each applicant shall provide all requested assistance to an inspector upon reasonable request. If the applicant fails to provide all requested assistance, the GOED may revoke the certification after notice and a hearing conducted pursuant to the provisions of SDCL chapter 1-26.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:15 - Verification - No warranty

Current through Register Vol. 51, page 10, July 15, 2024
Certification provided under this chapter is based upon a review of the application, information obtained from the ongoing reporting requirements set forth in this chapter, and the degree of independent verification that GOED deems appropriate. Certification does not constitute a warranty by GOED that the applicant or site have strictly complied with all of the requirements of this chapter. Interested persons should conduct their own independent evaluation of the site.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-4.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:03 - SOUTH DAKOTA CERTIFIED READY › Chapter 68:03:01 - Certified ready sites › Section 68:03:01:16 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall be held in confidence by GOED and may not be made available to the public prior to certification. If certification is denied to a site, the denial shall remain confidential and no publication or record of application shall be made available to the public.
General Authority:
SDCL  6-18-4.
Law Implemented:
SDCL 6-18-2,  6-18-3,  6-18-4.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:01 - Administration › Section 70:01:01:02 - Public availability of records

Current through Register Vol. 51, page 10, July 15, 2024
All rules, final orders, decisions, and opinions are on file in the office of the secretary of the Department of Transportation, Pierre, South Dakota. After making an oral or written request, a person may examine these records during the regular office hours maintained by the secretary of the Department of Transportation. Persons examining any record must be accompanied by a person designated by the secretary of the Department of Transportation.
Records of the Department of Transportation, Division of Highways, may only be removed pursuant to a court order or by an employee of the Department of Transportation, Division of Highways, who has been authorized to remove them.
General Authority:
SDCL  1-26-2.
Law Implemented:
SDCL  1-26-2.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:01 - Administration › Section 70:01:01:03 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request the state transportation commission to issue a decision on the applicability of any statutory provision, rule, or order pertaining to highway matters by filing a petition with the secretary of transportation. The state transportation commission shall consider these petitions at its monthly meetings in the order in which the petitions are received.
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:01 - Administration › Section 70:01:01:04 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
(1) "Administrative activities," activities which are included in administrative purposes and which do not meet the criteria of the construction, maintenance, fixed asset, or transfers out cost classifications;
(2) "Construction activities," activities, except those defined as maintenance, that are attributable to a specific construction project or directly associated with a group of projects and that are involved in advancing the project or projects toward completion;
(3) "Maintenance activities," activities that maintain or are directly associated with maintaining the state highway system, including structures, roadway surface patching, sealing and overlay, shoulder and approach blading and patching, drainage and erosion control, vegetation control, rest areas and roadside park maintenance, traffic control operations, winter maintenance operations, and accident repairs;
(4) "Fixed asset purchases," capital outlays for the purchase of real property, such as land and buildings with their appurtenances;
(5) "Other operating asset purchases," capital outlays for the purchase of equipment or machinery with a cost of $300 or more that will last longer than one year and will not be consumed during its use, but not the department's automotive fleet, which is capitalized and depreciated;
(6) "Transfers out," annual appropriations that transfer state highway fund moneys to other government departments, agencies, or offices for use in funding their operation expenses, including transfers to radio communications operations and the highway patrol as authorized by SDCL  32-2-11, but not governor's office operations transfers which are administration activities;
(7) "Training activities," administration activities that improve the knowledge, safety, and efficiency of the department's employees in their work, including salary, travel, course registration, and fees;
(8) "Capital asset repair and operation activities," activities for the operation and maintenance of fixed assets and other operating assets.
General Authority:
SDCL  31-2-14.1.
Law Implemented:
SDCL  31-2-14.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:01 - Administration › Section 70:01:01:05 - Definition of administrative purposes

Current through Register Vol. 51, page 10, July 15, 2024
Administrative purposes are those administration activities of the department that support the department's mission to formulate, develop, design, and manage construction and maintenance projects for the state highway system, federal-aid urban system, county secondary system, secondary and off-system bridges; to advocate and promote safety and training activities in the development, construction, and maintenance of highway systems; to secure grants and administer contracts to public transportation organizations throughout the state; to conduct, evaluate, and report the results of research toward improving the serviceability, safety, and economics of the state's highway systems; and to consolidate and transfer transportation technology to local government agencies.
Activities that are not administrative in purpose are transfers out, construction activities, maintenance activities, and fixed asset purchases.
Other operating asset purchases and capital asset repair and operation activities are allocated by the utilization of the facility or asset as either administration, construction, or maintenance activities.
General Authority:
SDCL  31-2-14.1.
Law Implemented:
SDCL  31-2-14.1.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:02 - Speed limits › Section 70:01:02:00 - Interstate highways

Current through Register Vol. 51, page 10, July 15, 2024
The following are the maximum speed limits on certain portions of the interstate highway system:
(1) Interstate Highway 90 beginning at milepost 0.0 and ending at milepost 55.02, 75 miles per hour; then beginning at milepost 55.02 and ending at milepost 67.8 and beginning at milepost 394.6 and ending at milepost 403.19, 65 miles per hour;
(2) Interstate Highway 29 beginning at milepost 0.0 and ending at milepost 04.7, then beginning at milepost 72.72 and ending at milepost 85.25, 65 miles per hour;
(3) Interstate Highway 190 beginning at its intersection with State Trunk Highway 44, then north for 0.2 mile, 45 miles per hour; then north for 1.3 miles to the intersection with Interstate Highway 90, 60 miles per hour;
(4) Interstate Highway 229 northbound lanes beginning at milepost 0.0 (the junction with Interstate 29), then north to a point 0.5 miles south of the centerline of Interstate 90, 65 miles per hour;
(5) Interstate Highway 229 southbound lanes beginning at milepost 0.0, (the junction with Interstate 29), then north to the centerline of Interstate 90, 65 miles per hour; then north 0.25 mile to Minnehaha County Road 125, 55 miles per hour.
Each year from the Thursday preceding the first Friday in August through the second Sunday after the first Friday in August, the maximum speed limit is 65 miles per hour on the portion of Interstate Highway 90 beginning at milepost 28.9 and ending at milepost 55.02.
General Authority:
SDCL  32-25-7.
Law Implemented:
SDCL  32-25-7.
South Dakota Administrative Rules › Title 70 - Department of Transportation › Article 70:01 - Administration - Highway Safety Signs and Notices › Chapter 70:01:02 - Speed limits › Section 70:01:02:00.01 - Interstate Highway 90 - Sturgis Area - Temporary

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the provisions of §
									70:01:02:00, from July 24, 2015, to August 10, 2015, inclusive, the maximum speed limit is 65 miles per hour on that portion of Interstate Highway 90 beginning at milepost 28.9 and ending at milepost 55.02. This section is repealed on August 11, 2015
General Authority:
SDCL  32-25-7.
Law Implemented:
SDCL  32-25-7.