| (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 section, 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 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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