reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:80 - MEDICAL CANNABIS AND SCHOOLS › Chapter 24:80:02 - Mandatory district provisions › Section 24:80:02:10 - School, school employee, or volunteer not required to administer or store medical cannabis

Current through Register Vol. 51, page 10, July 15, 2024
Neither this article nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act,"20 U.S.C. §
										1400 et seq., as amended to December 10, 2015, and section 504 of the "Rehabilitation Act of 1973,"29 U.S.C. §
										794, as amended to December 10, 2015, may be used to require a school district or any personnel thereof to store medical cannabis on or in school property or at a school-sponsored activity or to administer medical cannabis. However, a school district may provide storage or administer medical cannabis to a student pursuant to a policy adopted under chapter 24:80:03:01.
General Authority:
SDCL  13-33A-2,  34-20G-95.
Law Implemented:
SDCL  13-33A-1,  34-20G-95.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:80 - MEDICAL CANNABIS AND SCHOOLS › Chapter 24:80:02 - Mandatory district provisions › Section 24:80:02:11 - Records

Current through Register Vol. 51, page 10, July 15, 2024
Any information received by a school district pursuant to article 24:80, containing confidential information or personally identifiable information is protected by the "Family Educational Rights and Privacy Act of 1974,"20 U.S.C. §
										1232g, as amended to July 1, 2013, and shall become part of the student's educational record.
General Authority:
SDCL  13-33A-2,  34-20G-95
Law Implemented:
SDCL  13-33A-1,  34-20G-95.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:80 - MEDICAL CANNABIS AND SCHOOLS › Chapter 24:80:02 - Mandatory district provisions › Section 24:80:02:12 - Exemption

Current through Register Vol. 51, page 10, July 15, 2024
A school district is not required to comply with §§
									24:80:02:01  through 24:80:02:11, if:
(1) The school district posts on its website in a conspicuous place a statement regarding its decision not to comply with §§
									24:80:02:01  through 24:80:02:11; and
(2) The school district can reasonably demonstrate that it will lose or has lost federal funding as a result of complying with §§
									24:80:02:01  through 24:80:02:11.
General Authority:
SDCL  13-33A-2,  34-20G-95.
Law Implemented:
SDCL  13-33A-1,  34-20G-95.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:80 - MEDICAL CANNABIS AND SCHOOLS › Chapter 24:80:03 - Permissive district policy › Section 24:80:03:01 - Permissive district policy

Current through Register Vol. 51, page 10, July 15, 2024
A school district may adopt policies to permit the administration and storage of medical cannabis by school personnel on or in school property or at a school-sponsored activity. The school district may adopt policies regarding the reasonable parameters of the administration and storage of medical cannabis. Such policies may also set parameters for student participation in school-sponsored activities or educational tasks that may put the student or others in an unsafe environment or potentially cause disruption. Such policies may also establish criteria for designated school personnel to administer medical cannabis or emergency administration of medical cannabis due to a life-threatening event. Criteria may also address the form of non-smokable medical cannabis that will be allowed to be stored and administered.
General Authority:
SDCL  13-33A-2,  34-20G-95.
Law Implemented:
SDCL  13-33A-1,  34-20g-95.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:80 - MEDICAL CANNABIS AND SCHOOLS › Chapter 24:80:03 - Permissive district policy › Section 24:80:03:02 - District policy-Requirements

Current through Register Vol. 51, page 10, July 15, 2024
If a school district adopts the policies detailed in §
									24:80:03:01, the policies shall include the following provisions:
(1) The student's parent or legal guardian shall deliver the student's medical cannabis in a container that contains clearly labeled instructions, or the plan for administration must clearly specify instructions, to include the dosage, frequency or time of administration, and length of time between dosages of the medical cannabis from the student's recommending practitioner;
(2) A student may not possess or self-administer medical cannabis on or in school property or at a school-sponsored activity;
(3) The school district shall designate specific school personnel at each school who shall secure and store the medical cannabis. School personnel may volunteer to store and administer medical cannabis in a non-smokable form to any student cardholder. Nothing in this section requires the school personnel to administer medical cannabis; and
(4) The designated school personnel shall secure the medical cannabis in a locked storage container.
General Authority:
SDCL  13-33A-2,  34-20G-95.
Law Implemented:
SDCL  13-33A-1,  34-20G-95.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:01 - General provisions › Section 31:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article mean:
(1) "Btu," British thermal unit; the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at or near 39.2 degrees F;
(2) "Btu/sqft/yr," Btu per square foot per year; an index of building energy use, calculated by dividing the total annual energy use of a building by its square foot area;
(3) "Commercial establishment," a retail, wholesale, or manufacturing firm which provides goods or services from a location in South Dakota, including any income-producing residential property located in South Dakota;
(4) "Energy conservation measure," installation or modification of equipment or material in a building which is intended to reduce energy consumption or allow the use of an alternate energy source;
(5) "Office," the Governor's Office of Economic Development;
(6) "Payback," the length of time, in years, the energy savings of a conservation measure will take to return the cost of implementing the measure, calculated by dividing the cost of the measure by the dollar amount of the estimated annual energy savings;
(7) "Program," the energy conservation loan program authorized by SDCL  1-33B-15;
(8) "Renewable energy resources," resources of energy which are replaced within 50 years by new or additional supplies, including forestry products, forest harvest residues, agricultural wastes, solar radiation, natural daylighting, phenomena resulting from solar radiation, wind, waves, tides, lake or pond thermal differences, and nocturnal thermal changes;
(9) "Technical analysis," an engineering review of one or more proposed changes or additions to a building or any of its energy-using systems to determine the magnitude of the impact on the energy use of the building and to make recommendations concerning the feasibility of the implementation of any or all of the proposed changes; and
(10) "Technical analyst," a registered professional engineer or architect who has received special training and experience in energy conservation to conduct technical analyses for the purposes of this article.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:02 - Technical analysis › Section 31:01:02:01 - Technical analysis required

Current through Register Vol. 51, page 10, July 15, 2024
An application for an energy conservation loan must be accompanied by a technical analysis. The technical analysis for a governmental; commercial, including a multiple-family apartment building; or nonprofit organizational building must be conducted by a technical analyst qualified pursuant to §
									31:01:02:02, except as provided in this section.
A limited energy savings payback analysis in a format provided by the office may be used in lieu of a technical analysis if the application is limited to one or more of the following items:
(1) Replacement of a heating or cooling system with more energy-efficient units;
(2) Insulation;
(3) Replacement of existing lighting with more energy-efficient lighting;
(4) Replacement of existing motors with more energy-efficient motors in the heating, ventilating, and air conditioning system.
The individual cost of any single item in this list may not exceed $10,000 and the aggregate cost for measures to be installed in any one building may not exceed $25,000. For owner-occupied residential properties the individual cost of any single item may not exceed $5,000 and the aggregate cost for the measures to be installed in any one building may not exceed $10,000. The dollar limit may be waived at the discretion of the commissioner of the office.
The analysis for a single-family residence may be conducted by the office, using information supplied by the homeowner on a questionnaire provided by the office.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:02 - Technical analysis › Section 31:01:02:02 - Qualifications of technical analyst

Current through Register Vol. 51, page 10, July 15, 2024
To be qualified to conduct the technical analysis required by this article, a technical analyst must meet the following requirements:
(1) Be a professional engineer or architect registered in South Dakota;
(2) Have received special training offered by the office; and
(3) Provide evidence satisfactory to the office of experience in energy conservation in building construction and mechanical systems.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:02 - Technical analysis › Section 31:01:02:03 - Report required

Current through Register Vol. 51, page 10, July 15, 2024
A qualified technical analyst shall submit the results of a technical analysis in writing in a format provided by the office. The report must, as a minimum, include the following:
(1) A description and engineering analysis of each recommended energy conservation measure, including the following:
(a) An estimate of the cost of design, acquisition, and installation, discussing pertinent assumptions as necessary;
(b) An estimate of the annual energy and energy cost savings by fuel type, including all data and assumptions used in arriving at the estimate;
(c) The simple payback period of each recommended energy conservation measure, calculated by dividing the estimated total cost of the measure by the estimated annual energy cost saving;
(d) The payback period of each recommended energy conservation measure, taking into account the interactions among the various measures; and
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:01 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The following classes of applicants are eligible to apply for loans:
(1) Local government subdivisions;
(2) Public and private nonprofit organizations;
(3) Commercial establishments; and
(4) Private individuals.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:02 - Criteria for energy conservation loans

Current through Register Vol. 51, page 10, July 15, 2024
Energy conservation projects for which the loans are desired must meet the following criteria:
(1) The building in which the measures are being installed must be in South Dakota;
(2) The project must be consistent with the state energy conservation program plan required by 40 C.F.R. § 420 as published in 48 Fed. Reg. 39,356-39,364 (August 30, 1983);
(3) The project must demonstrate the ability to conserve energy through efficient energy use or the utilization of renewable energy resources which results in energy savings based upon a net reduction in the use of nonrenewable resources;
(4) The project must utilize existing, proven reliable technologies;
(5) The project must show energy savings;
(6) The project must demonstrate a simple payback period of 10 years or less, which may be subject to waiver in unusual circumstances;
(7) The project must meet state air and water quality standards; and
(8) The project must be recommended in a current technical analysis report as required by chapter 31:01:02.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
Surface water quality standards, ch 74:51:01.
Drinking water standards, ch 74:04:05.
Air pollution control program, art 74:36.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:03 - Conditions and limitations

Current through Register Vol. 51, page 10, July 15, 2024
Loans are made subject to the following conditions and limitations:
(1) Interest shall be charged at the rate of three percent per year on the unpaid balance and shall begin accruing on the date funds are disbursed to the borrower;
(2) The amount of the loan cannot exceed the estimated cost of the measures applied for as found in the technical analysis report;
(3) The repayment schedule shall be based on the estimated payback as shown in the technical analysis report with the first payment due within 12 months after the loan disbursement date. However, the first payment must be made not later than two years after the date of the loan and the last payment due not later than 10 years after the date the loan funds are disbursed;
(4) Payments shall not be made more often than monthly, nor less often than annually;
(5) The total amount of the loan may be repaid at any time without penalty;
(6) All work or construction done with the proceeds of a loan under this program must comply with all applicable building and housing codes and standards;
(7) Loan recipients must adhere to the requirements of Office of Management and Budget Circular A-102 (January 1981) or A-110 (July 30, 1976) as applicable. They must also meet the requirements of federal Department of Labor standards in 29 C.F.R. Part 3 (April 15, 1976) and 29 C.F.R. Part 5 as published in 48 Fed. Reg. 19,540-19,553 (April 29, 1983);
(8) Project implementation must begin within 90 days after written notice of loan approval. Projects on owner-occupied residential structures must be completed within 180 days after written notice of loan approval, and projects on all other types of structures must be complete within 365 days after written notice of loan approval;
(9) Loans may not be used to replace an existing permanent loan;
(10) Funds shall be disbursed to the borrower on a reimbursement basis after proof of payment is provided to the office or to both the borrower or borrowers and the contract supplier after project completion. The contract supplier's invoice showing the actual costs incurred must be submitted to the office together with verification of installation of the approved energy conservation measure;
(11) Advances of funds, not to exceed expenditures anticipated within 60 days following the date of submission of a voucher, may be approved in unusual circumstances;
(12) Loan payments, made payable to the Office of Economic Development, shall be sent or delivered to the office at its current address; and
(13) Collateral may be required to secure the loan.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
Electricians, art 20:44.
State plumbing code, art 20:54.
Fire safety, art 61:15.
Building codes and standards, SDCL 11-10.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:04 - Application procedures

Current through Register Vol. 51, page 10, July 15, 2024
At the time the office announces the availability of funds it shall designate which classes set out in §
									31:01:03:01  are eligible to apply for those funds and the deadline date for applications. Applications may be made only in response to funding availability announcements. Application forms are provided by the office and must contain, at a minimum, the following information:
(1) The name and complete mailing address, including the county, of the applicant;
(2) The name of a contact person, including title and telephone number;
(3) The amount of the loan requested;
(4) A summary description of each energy conservation measure, including its estimated cost, estimated annual energy cost savings, and estimated payback;
(5) The estimated date of completion of the project;
(6) A copy of the complete technical analysis report as required by chapter 31:01:02; and
(7) Sufficient financial data on which to base a determination of the sound economic stability of the applicant. Documentation may include the following:
(a) Current financial statement;
(b) Latest profit and loss statement;
(c) Last financial audit;
(d) Amount and status of outstanding debts; and
(e) Amount and coverage of insurance.
The office may request additional information as necessary for the decision-making process.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:05 - Application review

Current through Register Vol. 51, page 10, July 15, 2024
In addition to consideration of the criteria listed in §
									31:01:03:02  and the conditions and limitations listed in §
									31:01:03:03, application review shall consist of the following two phases:
(1) The administrative review shall consider the following, at a minimum:
(a) Completeness;
(b) Eligibility;
(c) Accuracy; and
(d) Supporting data;
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:06 - Loan approval

Current through Register Vol. 51, page 10, July 15, 2024
Applications shall be considered for loan approval upon completion of the administrative and technical review. Approval shall be based upon the following:
(1) Results of the administrative and technical review;
(2) Economic stability of the applicant;
(3) Demonstrated ability of the applicant to utilize the funds to implement the energy conservation measures; and
(4) Comparative standing among all applicants for funds available. Criteria will include payback, fuel type saved, and geographical location.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:07 - Loan agreement and promissory note

Current through Register Vol. 51, page 10, July 15, 2024
After an application for a loan is approved, a loan agreement shall be executed between the office and the borrower. The loan agreement, including a promissory note and other necessary documents, shall contain the rights and responsibilities of the parties and the terms and conditions of the loan. The requirements to secure the loan shall be included in the loan agreement. Loans may be secured or unsecured. Secured loans may be secured by liens on the interest of the borrower in all real and personal property, tangible or intangible; easements; rights-of-way; water rights; and any other assets of the borrower considered necessary to collateralize the loan.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:08 - Records

Current through Register Vol. 51, page 10, July 15, 2024
Borrowers are not required to maintain a separate bank account for these loan funds; however, they must maintain a separate bookkeeping account. All expenditures must be supported by vouchers and must be for items approved for the energy conservation project for which the loan was made. Account books, records, and all documents pertinent to the project must be available for audit at any time. All records of the borrower, contractors, and subcontractors concerning the project must be retained until the loan is repaid in full.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:09 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Reports must be submitted as follows:
(1) Progress reports must be submitted quarterly during the period implementation or construction is in progress and must include a description of the current status, any problems, and forecast of expectations or deviations from the planned schedule;
(2) A final report must be submitted to the office upon completion of the project. The report must include a description of the measures implemented, the actual cost of each measure, and the adjusted estimated payback, based on the actual cost; and
(3) The office may request a report of annual energy use to be submitted once each year during the life of the loan. This report must contain the monthly use and cost of all forms of energy used. Forms shall be provided by the office.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:10 - Monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The office shall monitor the use of the funds under this program through selective review of reports and on-site review of records and through discretionary inspection of buildings where the energy conservation projects are in progress or were completed.
General Authority:
SDCL  1-33B-15.
Law Implemented:
SDCL  1-33B-15.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:01 - Energy conservation loans › Chapter 31:01:03 - Loans › Section 31:01:03:11 - Default

Current through Register Vol. 51, page 10, July 15, 2024
If the borrower violates any of the terms of the loan agreement, the office may place the borrower in default. Borrowers determined to be in default shall be notified by certified mail. The notice shall explain the reasons for the action. The borrower must respond to the notice within 30 days, providing evidence of correction of the reasons for the action. If the borrower fails to respond or to take corrective action, the entire remaining balance becomes due and payable immediately and the office may take any action it considers appropriate to protect its interest.
General Authority:
SDCL  1-33B-15,  1-33B-16.
Law Implemented:
SDCL  1-33B-15,  1-33B-16.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Ethanol," a blended alcohol produced by fermentation from biological materials such as sugars, starches, and cellulosic feedstocks;
(2) "Ethanol blend," a blended motor fuel containing ethyl alcohol of at least ninety-nine percent purity, typically derived from agricultural products, and which is blended exclusively with a product commonly or commercially known or sold as gasoline;
(3) "Ethanol blender pump," a mechanism provided by a motor fuel retail dealer for the dispensing at retail as defined in § 10-47B-3 of ethanol blend so that the end user may choose a particular grade of ethanol to gasoline to be dispensed;
(4) "Ethanol infrastructure incentive program," the grant program created by SDCL  10-47B-164.1 and administered under this chapter;
(5) "Flex fuel vehicle," a motor vehicle designed to burn either gasoline or a blend of gasoline and up to eighty-five percent ethanol; and
(6) "GOED," the Governor's Office of Economic Development.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:02 - Eligible projects

Current through Register Vol. 51, page 10, July 15, 2024
The following classes of projects are eligible to apply for grants from the ethanol infrastructure incentive program:
(1) Class 1 -- Motor fuel retail dealer projects for the purchase and installation of ethanol blender pumps installed on or after September 15, 2011, or the modification of existing ethanol blender pumps to comply with the standards set out in this chapter and associated piping and storage systems;
(2) Class 2 -- Projects to encourage the purchase of flex fuel vehicles in this state;
(3) Class 3 -- Projects to encourage the increased use of ethanol in this state, including marketing or the dissemination of informational materials in this state; and
(4) Class 4 -- Projects to facilitate or encourage the installation of infrastructure for the distribution of ethanol.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:03 - Other eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the criteria set out in §
									31:02:01:01, a proposed project seeking a grant from the ethanol infrastructure incentive program must meet the following criteria:
(1) The project shall be physically located in this state or directed toward end users in this state;
(2) The project shall demonstrate a likelihood that it will increase the use of ethanol in this state or increase consumer knowledge of ethanol;
(3) If applicable, the project shall utilize existing technologies proven to be reliable;
(4) The project shall meet state air, water quality, and other environmental protection standards; and
(5) For projects involving the installation of ethanol blender pumps:
(a) The ethanol blender pump shall be of a type that does not allow for an end user to receive an ethanol blend percentage other than that designated by the end user;
(b) The ethanol blender pump shall provide all of the following types of ethanol blends for the end user:
(i) A blend of ten percent ethanol;
(ii) A blend of fifteen percent ethanol or more; and
(ii) A blend of twenty-five percent or more ethanol;
(c) The ethanol blender pump shall be of a type compatible with related infrastructure, including storage and piping systems; and
(d) The ethanol blender pump shall comply with all applicable alternative fuel, biofuel, and flexible fuel requirements established by law.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:04 - Grant conditions

Current through Register Vol. 51, page 10, July 15, 2024
A grant shall be in an amount determined by GOED and made subject to the following terms:
(1) The amount of the grant may not exceed the actual cost of the project as proposed in the application;
(2) A grant shall be paid on a reimbursement basis upon satisfactory completion of the project. The grant recipient shall submit a U.S. Internal Revenue Service Form W-9 and as applicable to the project, ethanol blender pump specification, certification that installation meets Department of Environment and Natural Resources standards, copies of all invoices for the project, proof of payment of all project costs, lien releases from vendors and installers, and other documentation reasonably required by GOED to establish that the project has been satisfactorily completed in compliance with the provisions of this chapter;
(3) All work paid for with grant proceeds shall comply with all applicable building and housing codes and standards.
(4) Unless a written extension is granted by GOED, the project shall be completed within one hundred eighty days of notice of grant approval;
(5) The grant application and application for reimbursement shall be signed under oath;
(6) Any project that involves the installation of ethanol blender pumps, including successor owners, shall continue to sell ethanol blends in excess of fifteen percent ethanol for a minimum of twenty-four months after project completion; and
(7) Any existing pump to be replaced shall be removed and disposed of in compliance with applicable federal and state environmental protection laws.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:05 - Allocation of grant funds among classes of projects

Current through Register Vol. 51, page 10, July 15, 2024
GOED may allocate grant funds among the classes of projects described in §
									31:02:01:02. GOED may designate periods of time during which it accepts applications for grants from one or more class of projects. GOED shall publically announce that it is accepting applications for grants and the class or classes of projects which may be eligible for funding. GOED may not accept applications that are not filed within the designated application time period or that relate to a class of projects for which applications are not being accepted.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:06 - Application form

Current through Register Vol. 51, page 10, July 15, 2024
A grant application shall be submitted on forms provided by GOED and shall include the following:
(1) The name, complete mailing address, and county of the applicant;
(2) The name, title, address, telephone number, and email address of a designated contact person for the applicant;
(3) The amount of the grant requested;
(4) A summary description of the project, including its estimated cost; and
(5) The estimated date of completion of the project.
No incomplete or inaccurate applications may be considered. GOED may request such additional information as necessary for it to determine eligibility and to make an award decision.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:07 - Criteria for grant awards

Current through Register Vol. 51, page 10, July 15, 2024
A portion of the grants to be awarded under this chapter may be awarded on a first-come basis. Any grant not awarded on a first-come basis shall be awarded based upon a reasonable projection of additional ethanol blend to be sold as a result of the project and other projected benefits to the ethanol industry in this state. At the time GOED announces that it will entertain grant applications, GOED shall announce the amount of grant funds available and what percentage, if any, will be awarded on a first-come basis.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:08 - Default

Current through Register Vol. 51, page 10, July 15, 2024
Any of the following constitutes a default upon the terms of an ethanol infrastructure incentive program grant:
(1) Any part of a grant application is shown to be materially false or misleading;
(2) Any part of the grant is used for any purpose other than reimbursement for eligible project costs;
(3) The grantee fails to commence or complete the project within the time allowed by this chapter;
(4) For projects involving the installation of ethanol blender pumps, the grantee fails to continue to sell ethanol blends in excess of fifteen percent ethanol for a minimum of twenty-four months after project completion; or
(5) Repeated failure by the grantee to provide access to facilities or documents or to provide the reports and other information required by this chapter.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:09 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
If there is a default pursuant to the provisions of §
									31:02:01:08, the grantee shall repay the grant to GOED within thirty days of a written demand from GOED. GOED may retain counsel and commence a civil action to recover any grant funds that a grantee is required to repay. GOED may forgive a default under this chapter if any of the following conditions are met:
(1) There are fuel shortages that make compliance impractical;
(2) There are changes in fuel market conditions that make compliance impractical;
(3) There are changes in state or federal regulations that make compliance impractical.
For any grant involving the installation of ethanol blender pumps and a default pursuant to the provisions of subdivision 31:02:01:08(4), the amount sought to be repaid may be prorated based upon the number of months less than twenty-four that ethanol blends were sold.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 31 - Governor's Office of Economic Development › Article 31:02 - Ethanol infrastructure incentive program › Chapter 31:02:01 - Ethanol Infrastructure Incentive Program › Section 31:02:01:10 - Access and reporting

Current through Register Vol. 51, page 10, July 15, 2024
A grantee shall grant GOED reasonable access to the grantee's facilities and records for the purpose of determining compliance with the terms of the grant and of this chapter. A grantee shall provide a written project report to GOED at least annually on forms provided by GOED. GOED may require more frequent reports in the event of a late or an incomplete report or a reasonable cause to believe a default has occurred.
General Authority:
SDCL  10-47B-164.1,  10-47B-164.2.
Law Implemented:
SDCL  10-47B-164.1.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:01 - Definitions › Section 39:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Authorizing agents," department secretaries, bureau commissioners, constitutional officers, officials of the judicial system, and the legislative research council, or their designees;
(2) "Bureau," the bureau of finance and management;
(3) "Travelers," all state employees authorized to travel while conducting official state business;
(4) "Continuous traveler," a state officer or employee whose recurring travel is authorized yearly or seasonally;
(5) "Travel advance," payment made to employees who are authorized to travel on official business.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-13 to  3-9-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:02 - Travel advances › Section 39:01:02:01 - Advance request

Current through Register Vol. 51, page 10, July 15, 2024
Individuals desiring a travel advance must submit an advance travel request to their budget unit's fiscal officer. The authorizing agent shall determine the amount of advance an employee may receive within the limits established by §
									39:01:02:04  and shall determine the employee's last day of travel for the purpose of complying with the advance repayment period established in §
									39:01:02:03.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-13 to  3-9-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:02 - Travel advances › Section 39:01:02:02 - Advance approval

Current through Register Vol. 51, page 10, July 15, 2024
A voucher for a travel advance must be approved by the authorizing agent and signed by the traveler. The bureau shall process advance travel requests and notify the state auditor of past due accounts. The state auditor or the business manager of a state institution not on the central payroll may withhold from an employee's paycheck any amounts owed but not repaid in accordance with §
									39:01:02:03.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-13 to  3-9-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:02 - Travel advances › Section 39:01:02:03 - Advance repayment

Current through Register Vol. 51, page 10, July 15, 2024
Travel expenses incurred against a travel advance and repayment of any unused advance amount must be submitted within 20 days after the last day of travel. The budget unit's fiscal office shall collect any unused amount of travel advance from the employee and deposit it to the state treasury. The state auditor shall approve travel expense vouchers and submit a copy of the approval to the bureau. The state treasurer shall approve the cash deposit voucher and submit a copy to the bureau.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-13 to  3-9-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:02 - Travel advances › Section 39:01:02:04 - Advance limit

Current through Register Vol. 51, page 10, July 15, 2024
A travel advance may not be less than $200. A travel advance may not exceed estimated expenses or the maximum of $2,000.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-14.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:01 - Advanced travel expenses › Chapter 39:01:02 - Travel advances › Section 39:01:02:05 - Continuous advances

Current through Register Vol. 51, page 10, July 15, 2024
Advances to individuals who are continuous travelers shall be an estimated average monthly expense amount. The bureau shall monitor these advance amounts and shall make adjustments as needed.
Continuous travelers must submit travel expense vouchers against the travel advance or no further warrant may be issued until the advance is repaid. The bureau shall notify the state auditor of continuous travelers who should receive no further warrants.
Before June 30 of each year, budget units must request the continuation of the travel advance for each continuous traveler in writing to the bureau.
General Authority:
SDCL  3-9-18.
Law Implemented:
SDCL  3-9-13 to  3-9-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:01 - Name, principal office, and seal › Section 39:02:01:01 - Principal office

Current through Register Vol. 51, page 10, July 15, 2024
The principal office of the authority shall be located at Pierre, Hughes County, South Dakota.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:01 - Name, principal office, and seal › Section 39:02:01:02 - Seal

Current through Register Vol. 51, page 10, July 15, 2024
The corporate seal of the authority shall be a circular disk having inscribed around the periphery thereof the words "South Dakota Building Authority" and in the center the word "Seal."
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-6.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:02 - Membership › Section 39:02:02:01 - Residence of appointive members

Current through Register Vol. 51, page 10, July 15, 2024
All appointive members of the authority shall be residents of the state of South Dakota.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-1,  5-12-2.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:03 - Officers of the authority › Section 39:02:03:01 - Chairman

Current through Register Vol. 51, page 10, July 15, 2024
The chairman of the authority shall preside at all meetings of the authority and perform such other duties as shall be necessary or desirable by reason of his position as chairman, or as may be directed by resolution of the authority, duly adopted by a majority of its members, at a meeting held pursuant to this article.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-1,  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:03 - Officers of the authority › Section 39:02:03:02 - Vice-chairman or acting chairman

Current through Register Vol. 51, page 10, July 15, 2024
A vice-chairman or acting chairman of the authority may, but need not be, elected by the members of the authority for a term expiring at the date of the first annual meeting following such election, or until his successor is elected, and if so elected he shall perform all duties incumbent upon the chairman during the absence or disability of the latter.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:03 - Officers of the authority › Section 39:02:03:03 - Secretary

Current through Register Vol. 51, page 10, July 15, 2024
A member of the authority shall be elected as its secretary for a term expiring at the date of the first annual meeting following such election, or until his successor is elected, and he shall perform such duties as are from time to time imposed upon him by the authority. The secretary shall attend all meetings of the authority and shall keep or cause to be kept minutes of such meetings.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:03 - Officers of the authority › Section 39:02:03:04 - Assistant secretaries

Current through Register Vol. 51, page 10, July 15, 2024
The authority may, but need not, elect from time to time one or more assistant secretaries who may perform any of the duties imposed upon the secretary himself unless the authority or the secretary himself shall otherwise direct.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:03 - Officers of the authority › Section 39:02:03:05 - Treasurer

Current through Register Vol. 51, page 10, July 15, 2024
The treasurer of the state of South Dakota shall be ex officio the treasurer of the authority, and he shall perform such duties as are from time to time imposed upon him by the authority, not contrary to his statutory or other obligations.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-34,  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:04 - Meetings › Section 39:02:04:01 - Annual meetings

Current through Register Vol. 51, page 10, July 15, 2024
The annual meeting of the authority shall be held in the city of Pierre, Hughes County, South Dakota, at the state capitol, or such other place in the state of South Dakota as may be designated by the chairman of the authority, at 10:00 o'clock, a m, on the third Monday of September in each year; provided, however, that said annual meeting may be held on any other day of such month if all the members of the authority consent to such other date.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:04 - Meetings › Section 39:02:04:02 - Special meetings - Notice

Current through Register Vol. 51, page 10, July 15, 2024
A special meeting of the authority may be held upon call by the chairman or any three members of the authority upon 48 hours notice to each member of the authority. Such notice shall specify the time and place and general purpose of the meeting and shall be given to each member, either personally or by mail or by telegram. After due notice as provided herein such special meeting may be held by telephonic conference. Provided, however, that at any meeting at which all of the members of the authority are present, notice of the time and place and purpose of the meeting shall be deemed waived.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:04 - Meetings › Section 39:02:04:03 - Quorum

Current through Register Vol. 51, page 10, July 15, 2024
A majority of the authority shall constitute a quorum. A majority vote of the members of the authority shall be necessary for any action taken by the authority.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-2,  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:05 - Administrative personnel › Section 39:02:05:01 - Executive secretary

Current through Register Vol. 51, page 10, July 15, 2024
The authority may, upon such terms and conditions as it shall deem proper, employ an executive secretary who shall have custody of the authority's financial records and who shall keep or cause to be kept full and accurate books and records of account of the authority. The executive secretary, if one is employed, shall exercise all powers and perform all duties incident to the office of executive secretary and shall have such other powers and duties as may from time to time be assigned to him by the authority. Any such executive secretary, at the authority's expense, shall provide the surety bond to the authority in an amount and by such surety company as the members may determine. Such surety bond shall be conditioned upon the faithful performance by the executive secretary of his duties and shall be executed by a surety company authorized to transact business in the state as a surety.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-5.