When making a decision on an application, the board shall consider the following:

1. (1) Number of primary jobs created;
2. (2) Amount of the loan requested;
3. (3) Net economic effect on the area and state;
4. (4) Transportation needs of the area served by the project;
5. (5) Support of the public entities of the community and area;
6. (6) The amount of the financial contribution by the applicant or others to the project;
7. (7) The effect of the project on the environment, health, and safety of the people in the area and state;
8. (8) Compatibility with the economic development plans of the area and state;
9. (9) The potential success of the project;
10. (10) The character, experience, management record, and financial capacity of the rail operator and any other benefitted entity;

11. (11) The capacity of the applicant to repay the loan. In determining the capacity of the applicant, the board may consider the following:

    1. (a) The amount of the loan;
    2. (b) The economic feasibility of the project;
    3. (c) The ability of the applicant to service the debt;
    4. (d) The financial status of the project, applicant, and rail operator; and
    5. (e) The satisfaction of engineering, legal, and environmental regulations;
12. (12) The total capitalization of the project, including any capitalization subordinated to the trust fund loan; and
13. (13) The terms and conditions of the loan.

Source: 19 SDR 107, effective January 24, 1993 ; 49 SDR 47, effective November 21, 2022 .

General Authority: SDCL 49-16C-3 .

Law Implemented: SDCL 49-16C-3 .

Prior versions effective: 1993-01-24.