85
th Legislative Session _ 2010
Committee: 1060, A, 3/12/2010 9:00:00 AM
Friday, March 12, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Heidepriem
P Gray
P Knudson, Chair
P Hunhoff (Bernie)
P Rausch
P Rave, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Tim Rave, Chair.
MOTION: RECESS UNTIL 9:00 AM, FRIDAY, MARCH 12, 2010
Moved by: Gray
Second by: Knudson
Action: Prevailed by voice vote.
The committee resumed at 9:00 am on Friday, March 12, 2010.
HB 1060: revise certain provisions regarding the refunds for new or expanded
agricultural facilities and the refunds for new or expanded business facilities, to
repeal the contractors' excise tax on new or expanded power production facilities,
and to exempt certain new business facilities from tax refunds.
Public Testimony:
Bill Van Camp, Nextera Energy Resources
Julie Johnson, Aberdeen Development Corporation
Neil Fulton, Governor's Office
Darla Pollman-Rogers, SD Rural Electric Association
Steve Tomac, Basin Electric Power Coop
Brett Koenecke, Iberdrola Renewables/SD Electric Utility Companies
MOTION: AMEND HB 1060
1060fj
On the Senate engrossed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read
as follows:
For the purposes of this chapter, the term, wind energy facility, means:
(1) Any new facility, or facility expansion, consisting of a commonly managed integrated
system of towers, wind turbine generators with blades, power collection systems, and
electric interconnection systems, that converts wind movement into electricity;
(2) Any new or upgraded electric transmission line and associated facilities; or
(3) Any new business facility that manufactures, assembles, or distributes wind or
transmission components.
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any provision of chapter 10-45B or section 8 of SB 195 as previously enacted
by the Eighty-fifth Legislature, this section controls the amount of refunds payable under chapter
10-45B for any new business facility that is a wind energy facility and has a construction date on or
after January 1, 2010. For project costs incurred and paid from July 1, 2010, to December 31, 2012,
inclusive, the amount of the refund shall be determined by applying the provisions of chapter 10-45B
in effect on July 1, 2010. The amount of the tax refund for a wind energy facility shall be a
percentage of the taxes paid, as follows:
(1) For project costs of less than ten million dollars, there shall be no refund;
(2) For project costs of ten or more million dollars but less than forty million dollars, there
shall be a refund of forty-five percent of the taxes paid; and
(3) For project costs of forty or more million dollars, there shall be a refund of fifty-five
percent of the taxes paid.
No tax refund may be given for any project cost incurred and paid on or after January 1, 2013,
except for performance retainage amounts, not to exceed ten percent, related to the project."
Moved by: Gray
Second by: Heidepriem
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF HB 1060
1060ftd
On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert
"provide certain tax refunds for new or expanded wind energy facilities.".
On page 1, delete lines 2 to 4, inclusive.
Moved by: Gray
Second by: Rausch
Action: Prevailed by voice vote.
MOTION: ADOPT CONFERENCE COMMITTEE REPORT
Moved by: Knudson
Second by: Gray
Action: Prevailed by roll call vote. (6-0-0-0)
Voting Yes: Heidepriem, Gray, Knudson, Hunhoff (Bernie), Rausch, Rave
MOTION: ADJOURN
Moved by: Gray
Second by: Rausch
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Timothy A. Rave, Chair
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