Section 139.537 - Exemption for coal-based near zero emission power plant(1) As used in this section, "coal-based near zero emission power plant" means a facility designed to achieve minimum emissions, built in Kentucky for demonstrating the feasibility of producing electricity and hydrogen from coal, whose site has been determined acceptable from an environmental impact perspective in a record of decision published by the United States Department of Energy after January 1, 2006, and that has received all applicable local planning and zoning approvals.(2) Notwithstanding all other provisions of this chapter, effective July 1, 2006, the taxes imposed by this chapter shall not apply to the sale, rental, storage, use, or other consumption of tangible personal property used to construct, repair, renovate, or upgrade a coal-based near zero emission power plant, including repair and replacement parts purchased for the plant.(3) The Cabinet for Economic Development, with input from the Energy and Environment Cabinet, shall establish standards for making applications for the exemptions provided in this section. Prior to the Cabinet for Economic Development granting approval, the Office of the Budget Director shall determine if the power plant results in a net positive economic impact to the Commonwealth and shall provide a certification in writing to the Cabinet for Economic Development. The Cabinet for Economic Development shall notify the department in writing that a power plant has qualified for the exemptions.(4) The Cabinet for Economic Development may promulgate administrative regulations necessary to administer the application and certification process of this section.(5) The department may promulgate administrative regulations necessary to administer the exemptions provided in this section.(6) The provisions of this section shall not apply to sales or purchases made after December 31, 2030.Effective:6/25/2009
Amended 2009, Ky. Acts ch. 16, sec. 13, effective6/25/2009. -- Created 2006, (1st Extra. Sess.) Ky. Acts ch. 2, sec. 72, effective 6/28/2006.