AN ACT
ENTITLED, An Act
to authorize the Board of Water and Natural Resources to contract for
financial services, to provide for the confidentiality of certain proprietary information, and to
authorize additional forms of financial assistance by the board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter 46A-1 be amended by adding thereto a NEW SECTION to read as
follows:
In administering its programs as authorized in chapters 46A-1 and 46A-2, the board may
enter into contracts or agreements with any department, agency, or instrumentality of the United
States or this state, with regulated lenders as defined in
§
54-3-14, or with trustees appointed
pursuant to this chapter for the servicing and processing of loans or other forms of financial
assistance or credit enhancement.
Section
2.
That chapter 46A-1 be amended by adding thereto a NEW SECTION to read as
follows:
Any documentary material or data made or received by the board or the Department of
Environment and Natural Resources for the purpose of furnishing financial assistance to a
business pursuant to the provisions of
§
§
36A-6-81 to 34A-6-85.1, inclusive; 46A-1-83 to 46A-
1-84, inclusive; and 46A-1-91, to the extent that the material or data consists of trade secrets or
commercial or financial information regarding the operation of such business, is not a public
record, and is exempt from disclosure. Any discussion or consideration of such trade secrets or
commercial or financial information by the board may be done in executive session closed to
the public.
Section
3.
That chapter 46A-1 be amended by adding thereto a NEW SECTION to read as
follows:
In addition to the grants and loans provided for in
§
§
34A-6-85 and 46A-1-83, the board
may provide other forms of financial assistance or credit enhancement to eligible applicants and
projects for the planning, construction, and operation of solid waste management and recycling
facilities. The board may enter into contracts or agreements with any department, agency, or
instrumentality of the United States or this state, or with regulated lenders as defined in
§
54-3-
14 for that purpose.
Section
4.
That
§
46A-1-84 be amended to read as follows:
46A-1-84.
The Board of Water and Natural Resources shall promulgate rules pursuant to
chapter 1-26 to award grants, loans, or other forms of financial assistance to sponsors of solid
waste management projects. The rules shall base the awarding of grants or loans on a project's
reflection of the solid waste management policy and hierarchy established in
§
34A-6-1.2, the
proposed amount of local matching funds, technical merit, and need for funding assistance.
Grants or loans may be awarded for planning, construction, and operation of solid waste
management and recycling facilities. Preference in awarding grants or loans shall be given for
projects which reduce the cost and number of landfills through shared facilities or use of
innovative or alternative techniques, which are high on the waste management policy hierarchy,
which involve areas which are particularly subject to groundwater or surface water
contamination, or which will reduce long-term operating, closure, or post-closure costs.
An Act to authorize the Board of Water and Natural Resources to contract for financial services,
to provide for the confidentiality of certain proprietary information, and to authorize additional
forms of financial assistance by the board.
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I certify that the attached Act
originated in the
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Received at this Executive Office
this ____ day of _____________ ,
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SENATE as Bill No. 37
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19___ at _____ M.
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____________________________
Secretary of the Senate
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By _________________________
for the Governor
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
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Senate Bill No. 37
File No. ____
Chapter No. ______
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____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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