| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 36 MRSA §6651, sub-§2-A is enacted to read: |
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| | 2-A.__Production residuals.__"Production residuals" includes | sawdust, bark, wood chips, shavings and wood waste.__"Production | residuals" does not include biomass materials. |
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| | Sec. 2. 36 MRSA §6651, sub-§3, as enacted by PL 1995, c. 368, Pt. FFF, | §2, is amended to read: |
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| | 3. Qualified business property. "Qualified business | property" means tangible personal property that: |
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| A. Is used or held for use exclusively for a business | purpose by the person in possession of it or, in the case of | construction in progress or inventory parts, is intended to | be used exclusively for a business purpose by the person who | will possess that property; and |
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| (1) Was subject to an allowance for depreciation under | the Code on April 1st of the property tax year to which | the claim for reimbursement relates or would have been | subject to an allowance for depreciation under the Code | as of that date but for the fact that the property has | been fully depreciated; or |
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| (2) In the case of construction in progress or | inventory parts, would be subject under the Code to an | allowance for depreciation when placed in service or | would have been subject to an allowance for | depreciation under the Code as of that date but for the | fact that the property has been fully depreciated. |
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| "Qualified business property" also includes all property that is | affixed or attached to a building or other real estate if it is | used to further a particular trade or business activity taking | place in that building or on that real estate. "Qualified | business property" does not include components or attachments to | a building if used primarily to serve the building as a building, | regardless of the particular trade or activity taking place in or | on the building. "Qualified business property" also does not | include land improvements if used primarily to further the use of | the land as land, regardless of the particular trade or business | activities taking place in or on the land. In the case of | construction in progress or inventory parts, the term "used" | means intended to be used. |
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