South Dakota Codified Laws
Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies
Section 10-35-1.3 - Definitions.

10-35-1.3. Definitions.
Terms as used in §§10-35-1.3 to 10-35-1.6, inclusive, mean:
(1)"Commercial operation date," the first date that a power generation facility is producing electricity on a continuous basis and is delivering electricity to customers;
(2)"Construction date," is the first date earth is excavated for the purpose of constructing the power generation facility;
(3)"Construction period," the time period between the construction date and the commercial operation date;
(4)"Nameplate capacity," the number of kilowatts a power generation facility can produce, as assigned to the power unit by the manufacturer and determined by the secretary;
(5)"Power generation facility," a facility with one power unit that generates electricity, with a nameplate capacity of no less than five hundred megawatts or a facility that generates at least five hundred megawatts of electricity by converting coal to synthesis gas which is used to fuel a combined-cycle power unit that generates electricity from one or more combustion turbines and one or more steam turbines;
(6)"Secretary," the secretary of the Department of Revenue.

Source: SL 2005, ch 66, §1; SL 2007, ch 53, §1; 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.