§ 8661 - Tax levy
§ 8661. Tax levy
(a) There is hereby assessed each year upon electric generating plants constructed in the state subsequent to July 1, 1965, and having a name plate generating capacity of 200,000 kilowatts, or more, a state tax in accordance with the following table:
If megawatt hour production is: tax is: Less than 2,300,000 megawatt hours $2.0 million 2,300,000 to 3,800,000 megawatt hours $2.0 million plus $0.40 per megawatt hour over 2,300,000 3,800,001 to 4,200,000 megawatt hours $2.6 million Over 4,200,000 megawatt hours $2.6 million plus $0.40 per megawatt hour over 4,200,000
For purposes of this section, "megawatt hour production" means the average of net production for sale in the three most recent preceding calendar years. The tax imposed by this section shall be paid to the commissioner in equal quarterly installments on or before the 25th day of March, June, September, and December by the person or corporation then owning or operating such electric generating plant.
(b) If an entity subject to this tax generates no electricity during the tax year due to termination or expiration of a necessary license, or due to permanent cessation of operations, no tax shall be due for that year.
(c) A person or corporation failing to make returns or pay the tax imposed by this section within the time required shall be subject to and governed by the provisions of sections 3202, 3203, 5868, and 5873 of this title. (Added 1967, No. 376 (Adj. Sess.), § 1, eff. Nov. 28, 1972; amended 1977, No. 105, § 14(a); 1979, No. 105 (Adj. Sess.), § 28; 1991, No. 32, § 35, eff. May 18, 1991; 1999, No. 49, § 88, eff. Jan. 1, 2000; 2001, No. 144 (Adj. Sess.), § 32, eff. June 21, 2002; 2003, No. 50, § 1, eff. for taxes due in 2004 and after.)