"      Section 1. That § 49-34A-80 be amended to read as follows:

     49-34A-80.   Any commercial small power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2001, produces ten megawatts or less of electricity as measured by nameplate rating, and is located within one county and owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of § §   49-34A-80 to 49-34A-92, inclusive, for any new or expanded facility.

     Section 2. That § 49-34A-81 be amended to read as follows:

     Section 3. That § 49-34A-82 be amended to read as follows:

     49-34A-82.   Terms used in § §   49-34A-80 to 49-34A-92, inclusive, mean:

     49-34A-83.   Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in §   49-34A-80. "

"      Section 3. That § 10-6-33.15 be amended to read as follows:

     10-6-33.15.   For the purposes of §  10-6-33.14, the agricultural income value shall be determined using capitalized actual annual cash rent. The actual annual cash rent is the actual annual cash rent , excluding the actual per acre tax on agricultural land, determined through an analysis of actual arm's length rental agreements collected within the county in the year prior to the year for which the income value is being determined. The actual cash rent shall include the per acre tax on agricultural land if such tax is the responsibility of the lessee, is an express provision of the rental agreement, and is paid by the lessee in addition to the actual rental income. The annual cash rent shall be capitalized

at eight percent. ".