___________________ moved that SB 205 be amended as follows:
"
Section 1. Terms used in this Act mean:
Section 3. Any commercial renewable energy production facility that uses renewable resources,
such as sun, wind, geothermal, or biomass to produce energy; that is qualified to produce and convert
renewable energy; and that leases base, foundation, tower, substation, and facility land from a South
Dakota landowner is exempt from the taxes imposed under the provisions of chapters 10-46A,
10-46B, and 10-46C for the construction of a new or expanded facility, the contractor's excise tax,
and sales and use taxes attributed to the project costs, excluding any associated transmission
facilities.
Section 4. That
§
10-4-36
be repealed.
10-4-36.
All real property used or constructed for the purpose of producing electricity for
commercial purposes that utilizes the wind as an energy source is classified for tax purposes as wind
energy property and shall be assessed and taxed in the same manner as other real property and shall
be locally assessed by the county director of equalization pursuant to § 10-3-16. For the purposes of
§§ 10-4-36 to 10-4-38, inclusive, real property includes the base, foundation, tower, and substations.
Real property does not include the wind turbine or blades attached thereto.
10-4-37.
Any wind energy property of a commercial wind power production facility shall be
assessed under the provisions of this chapter.
Section 6. That
§
10-4-38
be repealed.
10-4-38.
Wind energy property is not subject to any discretionary formulas authorized by Title
10.
Section 7. A tax of $0.0025 per produced kilowatt/hour transmitted outside the state of South
Dakota is imposed on any new renewable energy production facility that begins generating electricity
after July 1, 2007. Any nonrenewable energy production facility existing on March 1, 2007 is exempt
from the tax imposed in this section. The expansion of any such existing nonrenewable energy
production facility is exempt from the tax.
Section 8. A tax of $0.0025 per kilowatt/hour transmitted over any transmission line that has
been installed after July 1, 2007 is imposed on any renewable energy production facility that uses
the transmission line.
Section 9. Money collected from the taxes established in sections 7 and 8 of this Act shall be
deposited in the renewable energy development fund, which is hereby established as a special fund
in the state treasury. Money in the fund consists of money deposited pursuant to this section, interest
on investments, and moneys from all legal public and private sources, including legislative
appropriations and federal grants. Money may be expended from the fund as determined by the
general appropriations act according to Title 4. Money deposited in the fund from revenues generated
pursuant to section 8 of this Act shall be used for projects that build capacity for the transmission
or generation of electric energy from renewable sources. Money deposited in the fund from revenues
generated pursuant to section 7 of this Act shall be used for the promotion, publicizing, and
development of opportunities and capabilities in South Dakota related to the development of
renewable energy; for administrative costs; and for other purposes related to the development and
use of renewable energy. Of any additional revenue generated under section 7 of this Act, fifty and
one tenth percent shall be distributed to the counties on a pro rata basis according to population, and
forty-nine and nine tenths percent shall be deposited in the general fund. The South Dakota Energy
Infrastructure Authority established pursuant to
§
1-16I-2 shall administer the programs, projects,
and activities authorized pursuant to this section."