Section 7-239 - Certified coal pollution control facility; coal waste disposal power project.
§ 7-239. Certified coal pollution control facility; coal waste disposal power project.
(a) Definitions.- In this section the following words have the meanings indicated.
(1) "Certified coal pollution control facility" means property that:
(i) is used for the purpose of controlling emissions of pollutants into the air, ground, or waters of the State, resulting from the use of coal at an electrical generation facility, to achieve air quality standards, water quality standards, or effluent standards prescribed under the laws or regulations of the State or the United States; and
(ii) has been certified by the Department of the Environment as having all applicable federal and State environmental permits.
(2) "Coal waste disposal power project" means an electrical generation facility designed, constructed, and installed to reclaim, burn, and dispose of coal wastes in compliance with applicable federal and State air quality, water quality, and effluent standards.
(b) Partial exemption.- Except as otherwise provided in this section, property is subject to a partial exemption from property tax as provided in this section if the property is:
(1) a certified coal pollution control facility; or
(2) a coal waste disposal power project.
(c) Tax rate; applicability.- Subject to subsection (d) of this section, the partial exemption granted under this section:
(1) is equal to 95% of the assessment of the property; and
(2) shall apply only to property placed in service as a part of a certified coal pollution control facility or a coal waste disposal power project, for which all necessary permits, including a certificate of public convenience and necessity, are issued on or after January 1, 1997.
(d) Profitable by-products and non-pollution control activities not exempt.- If a certified coal pollution control facility produces a profitable by-product or if a part of the facility is required for the operation of the business without regard to State and federal air quality, water quality, and effluent requirements, the partial exemption under this section applies only to that portion of the value of the facility attributable to pollution control activity.
(e) Replacement or repair of equipment previously subject to tax.- If a certified coal pollution control facility includes the replacement, repair, or retrofit of equipment that was subject to property tax on or before December 31, 1996, the partial exemption under this section shall be reduced by the replacement value of existing equipment that is replaced.
(f) Regulations.-
(1) The Department shall adopt regulations to administer the exemption under this section.
(2) The regulations adopted under this subsection shall provide for the method for allocation of values required under subsections (d) and (e) of this section.
[1996, ch. 519.]