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State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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267T0616
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SENATE ENGROSSED NO. HB 1228 - 2/28/2012
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This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
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Introduced by: Representatives Moser, Cronin, Rausch, Street, and Willadsen and Senators
Hansen (Tom) and Begalka
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FOR AN ACT ENTITLED, An Act to provide tax refunds for certain energy projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of this chapter, a wind energy facility which installs
wind turbines and operates them to create electrical energy is eligible for a refund of the sales
and use taxes and contractors excise taxes paid on the project. The wind energy facility shall
have a construction date on or after January 1, 2013, and the total project costs shall exceed fifty
million dollars. For project costs incurred and paid after January 1, 2013, inclusive, the amount
of the refund shall be determined by multiplying the nameplate capacity of the installed turbines
by forty-five dollars per kilowatt. The refund is payable when construction is complete and the
sales and use taxes and contractors excise taxes have been paid in full.
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of this chapter, this section controls the amount of
refunds payable under this chapter for any new business facility that is an environmental
upgrade to an existing power generation facility. The environmental upgrade shall have a
construction date on or after January 1, 2013, and the total project costs shall exceed fifty
million dollars. For project costs incurred and paid after January 1, 2013, inclusive, the amount
of the refund amount of the tax refund for an environmental upgrade to an existing power
generation facility shall be fifty percent of the taxes paid. For project costs incurred after
January 1, 2017, there is no refund. The refund is payable when construction is complete and
the sales and use taxes and contractors excise taxes have been paid in full.
Section 3. That subdivision (6) of § 10-45B-1 be amended to read as follows:
(6) "Power generation facility," a facility with one power unit that generates electricity
with a nameplate capacity of no less than five three hundred megawatts;