15-6-156. Class thirteen property -- description -- taxable percentage. (1) Except as provided in subsections (2)(a) through (2)(g), class thirteen property includes:
     (a) electrical generation facilities of a centrally assessed electric power company;
     (b) electrical generation facilities owned or operated by an exempt wholesale generator or an entity certified as an exempt wholesale generator pursuant to section 32 of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79z-5a;
     (c) noncentrally assessed electrical generation facilities owned or operated by any electrical energy producer; and
     (d) allocations of centrally assessed telecommunications services companies.
     (2) Class thirteen property does not include:
     (a) property owned by cooperative rural electric cooperative associations classified under 15-6-135;
     (b) property owned by cooperative rural electric cooperative associations classified under 15-6-137;
     (c) allocations of electric power company property under 15-6-141;
     (d) electrical generation facilities included in another class of property;
     (e) property owned by cooperative rural telephone associations and classified in class five;
     (f) property owned by organizations providing telecommunications services and classified in class five; and
     (g) generation facilities that are exempt under 15-6-225.
     (3) (a) For the purposes of this section, "electrical generation facilities" means any combination of a physically connected generator or generators, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power. The term includes but is not limited to generating facilities that produce electricity from coal-fired steam turbines, oil or gas turbines, or turbine generators that are driven by falling water.
     (b) The term does not include electrical generation facilities used for noncommercial purposes or exclusively for agricultural purposes.
     (c) The term also does not include a qualifying small power production facility, as that term is defined in 16 U.S.C. 796(17), that is owned and operated by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility and classified under 15-6-134 and 15-6-138.
     (4) Class thirteen property is taxed at 6% of its market value.

     History: En. Sec. 27, Ch. 556, L. 1999; amd. Sec. 34(2), Ch. 556, L. 1999; amd. Sec. 5, Ch. 591, L. 2001.