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during the immediately preceding property tax year 2/3 or | more of the useful energy is directly or indirectly sold | and transmitted through the facilities of a transmission | and distribution utility. |
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| (3)__For purposes of this paragraph, unless the context | otherwise indicates, the following terms have the | following meanings. |
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| (a) "Transmission and distribution utility" has | the same meaning as defined in Title 35-A, section | 102, subsection 20-B. |
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| (b)__"Useful energy" is energy in any form that | does not include waste heat, efficiency losses, | line losses or other energy dissipation. |
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| B.__Pollution control facilities that are entitled to | exemption pursuant to section 656, subsection 1, paragraph E | are not entitled to an exemption under this subchapter, | except if: |
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| (1) The property is entitled to an exemption under | section 656, subsection 1, paragraph E but has not yet | been certified for exemption under that paragraph; |
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| (2) The property has been placed in service after the | December 1st immediately preceding April 1st of the tax | year for which the exemption is sought but prior to | April 1st of the property tax year for which the | exemption is sought; and |
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| (3) The taxpayer has submitted the required application | for certification to the Commissioner of Environmental | Protection prior to April 1st. |
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| The exemption under this subchapter continues for property that | meets the requirements of subparagraphs (1), (2) and (3) only | until the certification for exemption under section 656, | subsection 1, paragraph E has been granted.__If the State Tax | Assessor or an assessor denies an exemption on the ground that | the property in question is entitled to exemption under section | 656, subsection 1, paragraph E and the taxpayer appeals the | denial, the State Tax Assessor or assessor shall, at the | taxpayer's request, allow the taxpayer up to one year to obtain a | statement from the Commissioner of Environmental Protection that | the property at issue is not exempt under section 656, subsection | 1, paragraph E.__If the taxpayer timely produces such a statement | or otherwise demonstrates that the property is not |
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