LD 1923
pg. 4
Page 3 of 17 An Act To Increase Business Investment, Provide Expanded Property Tax Relief to... Page 5 of 17
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LR 2781
Item 1

 
(3)__For purposes of this paragraph, unless the context
otherwise indicates, the following terms have the
following meanings.

 
(a) "Transmission and distribution utility" has
the same meaning as defined in Title 35-A, section
102, subsection 20-B.

 
(b)__"Useful energy" is energy in any form that
does not include waste heat, efficiency losses,
line losses or other energy dissipation.

 
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 section, except
if:

 
(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;

 
(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

 
(3)__The taxpayer has submitted the required
application for certification to the Commissioner of
Environmental Protection prior to April 1st.

 
The exemption under this section 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 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
exempt under section 656, subsection 1, paragraph E, the
State Assessor or assessor shall allow the exemption under
this section, but only for the year in question.


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