South Dakota Codified Laws
Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies
Section 10-35-1.10 - Promulgation of rules on environmental upgrade exemption.

10-35-1.10. Promulgation of rules on environmental upgrade exemption.
The secretary of the Department of Revenue may promulgate rules, pursuant to chapter 1-26, concerning this exemption to:
(1)Specify the real and personal property that makes up an environmental upgrade;
(2)Determine the original and depreciated cost of the environmental upgrade;
(3)Establish a procedure to calculate the effect of the exemption upon the assessed value of the coal-fired power plant; and
(4)Allocate the exemption between the ownership of the coal-fired power plant. (This section is repealed effective January 1, 2046 pursuant to SL 2013, ch 51, §2.)

Source: SL 2006, ch 44, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies

Section 10-35-1 - Companies subject to tax.

Section 10-35-1.1 - Tax on electric generation and transmission facilities used for out-of-state consumers.

Section 10-35-1.2 - Generating property of rural electric companies subject to tax.

Section 10-35-1.3 - Definitions.

Section 10-35-1.4 - Application for partial tax exemption for power generation facility prior to construction.

Section 10-35-1.5 - Partial exemption for power generation facility--Allocation of exemption.

Section 10-35-1.6 - Amount of tax exemption during construction of qualifying power generation facility.

Section 10-35-1.7 - Definitions.

Section 10-35-1.8 - Application for exemption for coal-fired power plant performing environmental upgrade.

Section 10-35-1.9 - Exemption for coal-fired power plant performing environmental upgrade--Allocation of exemption.

Section 10-35-1.10 - Promulgation of rules on environmental upgrade exemption.

Section 10-35-2 - Operating property assessed by department.

Section 10-35-3 - Annual report required of companies--Date of filing.

Section 10-35-4 - Information given in annual report on property within municipalities.

Section 10-35-5 - Information given in annual report on property outside municipalities.

Section 10-35-6 - Capitalization and financial data given in annual report.

Section 10-35-7 - Additional information given in annual report.

Section 10-35-8 - Addition to assessable value for failure to file annual report.

Section 10-35-9 - Date of annual assessment of property--Information considered--Earnings, income and franchises considered--Separate valuation of property within municipalities.

Section 10-35-10 - Valuation of power and pipelines--Application of property tax levies.

Section 10-35-10.1 - Determining fair market value of public utility property.

Section 10-35-11 - Notice of assessment to company--Hearing.

Section 10-35-12 - Equalization and notice of assessments--Certification to county auditors--Extension, collection and distribution of tax.

Section 10-35-13 - County commissioners' allocation of assessed valuations to taxing districts--Notice to company.

Section 10-35-14 - Map of lines filed with county auditor--Use in allocating valuation to taxing districts.

Section 10-35-15 - Collection of delinquent taxes.

Section 10-35-16 - Definition of terms.

Section 10-35-17 - Alternative annual tax on wind farm property and solar facilities.

Section 10-35-18 - Annual tax based on nameplate capacity of wind farm or solar facility.

Section 10-35-19 - Annual tax on electricity produced by wind farm producing power for first time between July 1, 2007 and April 1, 2015.

Section 10-35-19.1 - Annual tax on electricity produced by wind farm after March 31, 2015 or by solar facility.

Section 10-35-20 - Renewable facility tax fund.

Section 10-35-21 - Distributions from renewable facility tax fund.