South Dakota Administrative Rules
Title 70 - Department of Transportation
Article 70:05 - State Railroad Board
Chapter 70:05:03 - Railroad trust fund loans
Section 70:05:03:06 - Factors for board action
Current through Register Vol. 50, page 114, March 25, 2024
When making a decision on an application, the board may consider the following in addition to other factors necessary to make a loan decision:
(1) Number of primary jobs created;
(2) Amount of the loan requested;
(3) Net economic effect on the area and state;
(4) Transportation needs of the area served by the project;
(5) Support of the public entities of the community and area;
(6) The amount of the financial contribution by the applicant or others to the project;
(7) The effect of the project on the environment, health, and safety of the people in the area and state;
(8) Compatibility with the economic development plans of the area and state;
(9) The potential success of the project;
(10) The character, experience, management record, and financial capacity of the rail operator and any other benefitted entity;
(11) The capacity of the applicant to repay the loan. In determining the capacity of the applicant, the board may consider the following:
(12) The total capitalization of the project, including any capitalization subordinated to the trust fund loan; and
(13) The terms and conditions of the loan.
General Authority: SDCL 49-16C-3.
Law Implemented: SDCL 49-16C-3.