1 CHAPTER 20:09:26 HOUSING INFRASTRUCTURE FINANCING PROGRAM
Section
20:09:26:01 Definitions.
20:09:26:02 Eligibility for housing infrastructure funding.
20:09:26:03 Ineligible housing infrastructure projects.
20:09:26:04 Housing infrastructure application form.
20:09:26:05 Consideration of housing infrastructure funding applicants.
20:09:26:06 Criteria for housing infrastructure funding.
20:09:26:07 Consultation.
20:09:26:08 Approval of housing infrastructure project by local governing body.
20:09:26:09 Location of housing infrastructure projects.
20:09:26:10 Housing infrastructure funding limitations.
20:09:26:11 Use of housing infrastructure funding.
20:09:26:12 Total housing infrastructure project cost.
20:09:26:13 Housing infrastructure project applications for American Rescue Plan Act funding.
20:09:26:14 Approval of housing infrastructure funding -- Conditional commitment --
Written agreement.
20:09:26:15 Modification of housing infrastructure funding.
20:09:26:16 Maturity and interest rate of housing infrastructure project loan.
20:09:26:17 Time restrictions on housing infrastructure funding applicant.
20:09:26:18 Payment and performance bonding for housing infrastructure projects -- Letter
of credit.
20:09:26:19 Disbursements of housing infrastructure funding.
2 20:09:26:20 Access and documents.
20:09:26:21 Waiver.
20:09:26:22 School district funding application form.
20:09:26:23 Criteria for school district funding.
20:09:26:24 School district funding approval -- Written agreement.
20:09:26:25 Airport funding application form.
20:09:26:26 Criteria for airport funding.
20:09:26:27 Airport funding approval -- Written agreement.
3 20:09:26:01. Definitions. Terms used in this chapter mean: (1) “Authority,” the South Dakota Housing Development Authority;"Airport infrastructure
funding," a loan, from the housing infrastructure fund, for airport infrastructure;
(2) "Airport infrastructure project," improvements to or maintenance of airport infrastructure
for an airport as described in SDCL 11-15-9;
(3) "Authority," the South Dakota Housing Development Authority;
(2)(4) "Board," the board of commissioners of the authority;
(3)(5) "Housing infrastructure fund," a fund authorized pursuant to SDCL chapter 11-15 and
administered by the authority for the purpose of making loans and grants for housing infrastructure
projects and, making loans to a school district adjoining a federal military installation, and making
loans for airport infrastructure;
(4)(6) "Housing infrastructure funding," a grant, a loan, or both a grant and a loan, from the
housing infrastructure fund for a housing infrastructure project;
(5)(7) "Housing infrastructure project," the installation, replacement, upgrade, or
improvement of public infrastructure for the support of a single-family or multi-family housing
project;
(6)(8) "Indian tribe," as defined in SDCL 2-14-2;
(7)(9) "Political subdivision," any agency of this state, association, authority, board, city,
commission, committee, council, county, local government entity, school district, task force, town,
or township that is created or appointed by statute, ordinance, or resolution and is authorized to
exercise any sovereign power derived from state law;
(8)(10) "Public infrastructure," as defined in SDCL 11-15-1;
(9)(11) "School district funding," a loan from the housing infrastructure fund for a school
district project;
4 (10)(12) "School district project," the construction or expansion of a school building, as
defined in SDCL 34-44-2, in a school district as described in SDCL 11-15-8;
(11)(13) "Total project cost," the total cost of a housing infrastructure project; and
(12)(14) "Written agreement," the contract between an applicant and the authority setting forth
the terms and conditions of the housing infrastructure funding or, the school district funding, or
airport infrastructure funding.
Source: 49 SDR 125, effective July 3, 2023; 51 SDR 12, effective August 12, 2024.
General Authority: SDCL 11-15-6.
Law Implemented: SDCL 11-15-1 to 11-15-5, inclusive, 11-15-8, 11-15-9.
5 20:09:26:25. Airport funding application form. The authority shall prescribe the application
form for airport infrastructure funding and shall publish the form on the authority's website. The
form must require that the applicant provide the information and documentation necessary for the
authority to evaluate the proposed airport infrastructure project based on the criteria established in
§ 20:09:26:26.
Source:
General Authority: SDCL 11-15-6.
Law Implemented: SDCL 11-15-2, 11-15-9.
6 20:09:26:26. Criteria for airport infrastructure funding. The authority shall evaluate an
application for airport infrastructure funding, as provided in § 20:09:26:25, based on the following
criteria:
(1) Whether the applicant is the owner or operator of an airport as described in SDCL 11-15-
9; and
(2) Whether the proposed airport infrastructure project complies with applicable design
standards, ordinances, regulations, and law.
Source:
General Authority: SDCL 11-15-6.
Law Implemented: SDCL 11-15-2, 11-15-9.
7 20:09:26:27. Airport infrastructure funding approval -- Written agreement. The board
shall approve or deny an application based on the criteria established in § 20:09:26:26. If the
application is approved by the board and the applicant elects to proceed, the parties must enter into
a written agreement for the airport infrastructure funding. The applicant shall also provide any
additional documentation requested by the authority in connection with the written agreement or the
airport infrastructure funding.
Source:
General Authority: SDCL 11-15-6.
Law Implemented: SDCL 11-15-2, 11-15-9.