ARTICLE 70:13
LOCAL BRIDGE IMPROVEMENT GRANT FUND
Chapter
70:13:01 Local bridge improvement grant requirements.
CHAPTER 70:13:01
LOCAL BRIDGE IMPROVEMENT GRANT REQUIREMENTS
Section
70:13:01:01 Definitions
70:13:01:02 Eligibility and compliance.
70:13:01:03 Application.
70:13:01:04 Application and approval periods.
70:13:01:05 Bridge improvement grant award.
70:13:01:06 Criteria.
70:13:01:07 Conditions of bridge improvement grant.
70:13:01:08 Project agreement.
70:13:01:09 Delegation of administrative functions.
70:13:01:10 Project requirements.
70:13:01:11 Access and reporting.
70:13:01:12 BIG default.
70:13:01:13 Remedies.
70:13:01:01. Definitions. Terms used in this chapter mean:
(1) "ADT," average daily traffic;
(2) "BIG," bridge improvement grant;
(3) "Bridge," as defined in SDCL 31-14-1, a structure, including supports, erected over a depression or an obstruction, as water, highway, or railway, the structure having a length measured along the center of the roadway of more than twenty feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening;
(4) "Bridge condition," an engineering assessment of the structural components of a bridge pursuant to national bridge inspection standards;
(5) "Commission," the South Dakota Transportation Commission;
(6) "Department," the South Dakota Department of Transportation;
(7) "Local participation," the level of wheel tax implemented by a county LPA, any increase in local financial obligations beyond the program requirements, and plans that are complete for preservation, rehabilitation and replacement projects;
(8) "LPA," any local public agency authorized by statute to own, maintain, and govern the use of a bridge;
(9) "National bridge inspection standards," national standards established by the United States Department of Transportation for the inspection and evaluation of bridges;
(10) "Preliminary Engineering," evaluation of topography and legal survey, possible repair and replacement options, and hydraulic analyses, and the determination of the structure type, size, and location;
(11) "Procedures," comprehensive program procedures approved by the commission pursuant to 70:13:01:06;
(12) "User impact," the amount of traffic on the bridge and the detour length needed if the bridge is closed.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016;
45 SDR 142, effective May 28, 2019.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:02. Eligibility and compliance. Any LPA of this state may apply for a BIG pursuant to this chapter for the purposes described in SDCL 32-11-38. To be eligible to apply to the department and to receive a grant from the BIG fund, a county shall have a wheel tax and a department accepted county highway and bridge improvement plan as specified in chapter 70:12:02.
The LPA shall file the application with the department as required by §§70:13:01:03 and 70:13:01:04 and shall comply with the procedures, requirements, conditions, restrictions, and limitations referred to in this chapter.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016; 44 SDR 42, effective September 11, 2017.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:03. Application. Each application shall be submitted on the forms provided by the department and must be accompanied by a resolution from the governing body of the LPA. The resolution shall authorize the application and any funding commitments made by the LPA.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:04. Application and approval periods. An LPA shall submit any applications for bridge preservation, rehabilitation, and replacement grants no later than January 2 of each year, and the commission shall consider those applications by April 30 of each year. An LPA shall submit any applications for preliminary engineering grants no later than August 1 of each year, and the commission shall consider those applications by October 30 of each year.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016; 44 SDR 42, effective September 11, 2017.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:06. Criteria. When considering an application, the commission shall receive recommendations from the department based on an engineering analysis.
At least annually, the department shall propose comprehensive program procedures for commission approval. These procedures shall include, but are not limited to, application requirements, minimum qualifications, objective scoring criteria, and project development and construction management procedures. Factors to be considered in the scoring criteria shall include bridge condition, user impact, and local participation.
The department shall report its scoring calculations to the commission. The department shall also make recommendations regarding project feasibility and constructability and whether the proposed project addresses the deficiencies of the bridge.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016; 45 SDR 142, effective May 28, 2019.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:07. Conditions of bridge improvement grants. The department may recommend and the commission may place conditions on any BIG award.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:08. Project agreement. The department shall enter into a project agreement with the LPA that details eligible expenses, conditions, and responsibilities for any BIG.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:09. Delegation of administrative functions. The department shall perform the administrative functions of developing the BIG application forms and processing and reviewing BIG applications; processing and reviewing documentation necessary to show compliance with the terms, conditions, and legal requirements of the BIG; disbursing BIG funds in accordance with conditions imposed on the BIG; and other tasks necessary to expedite and assist the commission.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016; 45 SDR 142, effective May 28, 2019.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:10. Project requirements. For preservation, rehabilitation and replacement projects, the department shall review plans and provide letting authorization prior to bid letting. For preservation, rehabilitation, and replacement grants, all eligible expenses shall be incurred within four years from the date of notice of BIG award. For preliminary engineering grants, all eligible expenses shall be incurred within three years from the date of notice of BIG award. The department may extend the deadline for any BIG, before or after the expiration of the deadline.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016; 44 SDR 42, effective September 11, 2017; 45 SDR 142, effective May 28, 2019; 47 SDR 137, effective June 27, 2021.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:11. Access and reporting. The LPA shall provide the department with access to the project and the LPA's records. The LPA shall provide information, documentation, and reports that the department requires to determine compliance with the conditions of the BIG and of this chapter.
Source: 42 SDR 52, effective October 13, 2015.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:12. BIG default. The commission may determine an LPA to be in default under the BIG conditions or requirements. The department will notify an LPA at least fifteen calendar days prior to the commission's consideration of default by the LPA, and the LPA will be afforded an opportunity to address the commission.The commission may consider any of the following to be a default under the conditions or requirements of a BIG:
(1) If the LPA knowingly makes any material false statement or report;
(2) Failure of the LPA to adhere to conditions of the BIG;
(3) Failure of the LPA to provide the department access to documents, reports, or other information required by this chapter;
(4) If funds are not used by the LPA for the project specified in the application; or
(5) Failure of the LPA to comply with the deadlines set under § 70:13:01:10.
Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
70:13:01:13. Remedies. If the commission determines a LPA is in default pursuant to § 70:13:01:12, the department shall provide written notice of the default to the LPA. The LPA shall repay all the BIG funds disbursed by the department for that grant.
Source: 42 SDR 52, effective, October 13, 2015; 43 SDR 57, effective October 17, 2016.
General Authority: SDCL 32-11-39.
Law Implemented: SDCL 32-11-38, 32-11-39.
