As used in this part: (1) "Affiliated group" means one or more chains of corporations or pass-through entities that are connected through ownership by a common parent entity that directly or indirectly controls or owns more than 50% of the outstanding voting stock or ownership interests of each corporation or pass-through entity. (2) "Commercially operational" means that a wind or solar electric generation facility generates commercial amounts of electricity. (3) "Eligible facility" means a wind or solar electric generation facility that is: (a) commercially operational on January 1, 2026; (b) under construction on January 1, 2026; or (c) subject to a power purchase agreement or other binding agreement to purchase the output of the wind or solar electric generation facility as of January 1, 2026. (4) "Energy project assessment" means the assessment imposed in Section 79-6-1402. (5) "Nameplate capacity" means the sum of the maximum rated outputs of all electrical generating equipment within a facility under specific conditions designated by the manufacturer, as indicated on individual nameplates physically attached to the equipment. (6) "Pass-through entity" means the same as that term is defined in Section 59-10-1402. (7) "Renewable energy parent entity" means the parent entity of an affiliated group when an entity in the affiliated group controls, directly or indirectly, a wind or solar electric generation facility in the state. (8) "Species Protection Account" means the account created in Section 23A-3-214. (9) "Tax commission" means the State Tax Commission. (10) "Wind or solar electric generation facility" means a commercially operational facility with the capacity to generate electricity from wind or solar that has not reached the end of the facility's operational life that uses: (a) wind equipment with a nameplate capacity of at least 20 megawatts of generating alternating current electricity; or (b) solar equipment with a nameplate capacity of at least 20 megawatts of generating alternating current electricity.
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