1501. CERTAIN POWER PRODUCTION FACILITIES USING RENEWABLE RESOURCES SUBJECT TO CHAPTER.

Any commercial power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2002, and produced more than ten megawatts of electricity as measured by nameplate rating, and is owned by a natural person, corporations, nonprofit or for profit business organization or Rosebud Sioux Tribe (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state or tribe authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of this chapter for any new or expanded facility.

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