CHAPTER 271

(HB 1265)

Renewable and recycled energy definition revised.

         ENTITLED, An Act to  revise certain provisions defining renewable energy and recycled energy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 49-34A-94 be amended to read as follows:

     49-34A-94.   For the purposes of §§ 49-34A-94 to 49-34A-96, inclusive, renewable electricity and recycled energy include electricity generated from facilities using one or more of the following sources:

             (1)      Wind that uses wind as the source of energy to produce electricity;

             (2)      Solar that uses the sun as the source of energy to produce electricity;

             (3)      Hydroelectric that uses water as the source of energy to produce electricity , with a capacity of less than sixty megawatts ;

             (4)      Hydrogen that is generated from one of the sources listed in this section;

             (5)      Biomass that uses agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal and other degradable organic wastes, or landfill gas as the fuel to produce electricity;

             (6)      Geothermal that uses energy contained in heat that continuously flows outward from the earth as the source of energy to produce electricity; and

             (7)      Recycled energy systems that produce electricity from currently unused waste heat resulting from combustion or other processes and which do not use an additional combustion process. The term does not include any system whose primary purpose is the generation of electricity.

     Signed February 28, 2007

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