Chapter 238

(House Bill 1033)

An Act to make an appropriation for the provision of housing infrastructure loans and grants.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. There is hereby transferred from the general fund to the South Dakota Housing Opportunity fund, created in § 11-13-2, the sum of $150,000,000. The South Dakota Housing Development Authority shall administer the moneys so transferred for the purpose of providing:

(1) Loans in the sum of $100,000,000 for the construction of housing infrastructure; and

(2) Grants in the sum of $50,000,000 for the construction of housing infrastructure.

Section 2. Federal fund expenditure authority is hereby appropriated in the sum of $50,000,000 from the American Rescue Plan Act to the South Dakota Housing Development Authority, for the purpose of providing grants for the construction of housing infrastructure.

Section 3. Loans or grants made available pursuant to this Act must be designated as follows:

(1) Thirty percent for use in municipalities having a population of fifty thousand or more; and

(2) Seventy percent for use in all other areas of the state.

Any housing infrastructure project sited in a municipality having a population of fifty thousand or more may receive either a loan or a grant from moneys appropriated or authorized under this Act but may not receive both.

Section 4. Any grant made available by the South Dakota Housing Development Authority pursuant to this Act may not be for an amount greater than one-third of the project's total cost.

Section 5. For purposes of this Act, the term, housing infrastructure, means public:

(1) Rights of way;

(2) Water distribution systems;

(3) Sanitary and storm sewers;

(4) Streets, roads, and bridges;

(5) Curbs, gutters, and sidewalks;

(6) Lift stations;

(7) Excavation and compaction;

(8) Traffic signals;

(9) Street lighting;

(10) The purchase of land necessary to accommodate projects listed in this section; and

(11) Any other infrastructure project determined by the South Dakota Housing Development Authority to be consistent with the purposes of this Act.

Section 6. The executive director of the South Dakota Housing Development Authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 7. This Act is effective on June 27, 2022.

Signed March 25, 2022