74:05:08:12. Financial assistance approval criteria. The board may award less financial assistance than the amount requested in the application or may deny assistance. If the applicant is eligible for assistance from more than one program, the board may approve financial assistance under any of the programs or under a combination of more than one program, including the consolidated water facilities construction fund program under chapter 74:05:07 or the solid waste management program under chapter 74:05:10. If financial assistance is approved from more than one program, the amount of assistance approved may not exceed the aggregate amount of funding requested. In determining the amount of financial assistance, the board may consider the following:
(1) The availability of funds in the SRF program;
(2) The applicant's need;
(3) Violation of health or safety standards; and
(4) The applicant's ability to repay.
Source: 15 SDR 20, effective August 7, 1988; 19 SDR 102, effective January 17, 1993; 21 SDR 97, effective November 28, 1994; 22 SDR 95, effective January 17, 1996; 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.
74:05:08:12.01. Principal forgiveness as part of assistance agreements. Assistance recipients described in § 74:05:08:02 that meet the affordability criteria described in § 74:05:08:12.03 and minimum established rates may receive principal forgiveness as authorized by the Act in an amount determined by the board. Applicants seeking assistance to implement a process, material, technique, or technology to address water or energy efficiency goals, mitigate storm water run-off, or encourage sustainable project planning, design, and construction may receive principal forgiveness in an amount determined by the board without meeting the affordability criteria and minimum established rate.
Source: 36 SDR 208, effective June 28, 2010; 40 SDR 14, effective July 29, 2013; 41 SDR 173, effective May 11, 2015.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.
74:05:08:12.02. Principal forgiveness amount determination. In exercising its discretion in determining the amount of principal forgiveness, the board may consider the following decision-making factors, which are set forth in alphabetical order:
(1) Annual utility operating budgets;
(2) Available local cash and in-kind contributions;
(3) Available program funds;
(4) Compliance with permits and regulations;
(5) Debt service capability;
(6) Economic impact;
(7) Other funding sources;
(8) Readiness to proceed;
(9) Regionalization or consolidation of facilities;
(10) Technical feasibility;
(11) Utility rates; and
(12) Water quality benefits.
Source: 36 SDR 208, effective June 28, 2010; 41 SDR 173, effective May 11, 2015.
General Authority: SDCL 46A-1-60.3.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3.
74:05:08:12.03. Affordability criteria to determine principal forgiveness eligibility. All applicants will be awarded points to determine principal forgiveness eligibility as follows: five points if an applicant's median household income is less than or equal to ninety-five percent of the statewide median household income; three points if an applicant's median household income is less than or equal to one hundred and five percent of the statewide median household income and greater than ninety-five percent of the statewide median household income; one point if the applicant's 2020 census population is less than the applicant's 2010 census population; and one point if an applicant's county unemployment rate is greater than the statewide unemployment rate. If the boundaries of an applicant are located in more than one county, the unemployment rate of the county with the largest percentage of the applicant's population will be used. Applicants must receive a minimum of five points to be eligible for principal forgiveness.
For the purposes of this section, the term, unemployment rate, means the 2021 average unemployment rate for a county or state, as applicable, as determined by the South Dakota Department of Labor and Regulation, Labor Market Information Center.
Source: 41 SDR 173, effective May 11, 2015; 49 SDR 100, effective May 22, 2023.
General Authority: SDCL 46A-1-60.2.
Law Implemented: SDCL 46A-1-60.1 to 46A-1-60.3, inclusive.
Note: The 2021 average unemployment rate for a county or state is available at no cost over the internet at https://danr.sd.gov/Funding/EnvironmentalFunding/docs/2020_MHI.xlsx
