Ohio § 5733.39

§ 5733.39.

(A) As used in this section: (1) “ Compliance facility ” means property that is designed, constructed, or installed, and used, at a coal-fired

electric generating facility for the primary purpose of complying with acid rain control

requirements under Title IV of the “Clean Air Act Amendments of 1990,” 104 Stat. 2584, 42 U.S.C.A. 7651 , and that controls or limits emissions of sulfur or nitrogen compounds resulting

from the combustion of coal through the removal or reduction of those compounds before,

during, or after the combustion of the coal, but before the combustion products are

emitted into the atmosphere. “ Compliance facility ” also includes any of the following: (a) A facility that removes sulfur compounds from coal before the combustion of the coal

and that is located off the premises of the electric generating facility where the

coal processed by the compliance facility is burned; (b) Modifications to the electric generating facility where the compliance facility is

constructed or installed that are necessary to accommodate the construction or installation,

and operation, of the compliance facility; (c) A byproduct disposal facility, as defined in section 3734.051 of the Revised Code , that exclusively disposes of wastes produced by the compliance facility and other

coal combustion byproducts produced by the generating unit in or to which the compliance

facility is incorporated or connected regardless of whether the byproduct disposal

facility is located on the same premises as the compliance facility or generating

unit that produces the wastes disposed of at the facility; (d) Facilities or equipment that is acquired, constructed, or installed, and used, at

a coal-fired electric generating facility exclusively for the purpose of handling

the byproducts produced by the compliance facility or other coal combustion byproducts

produced by the generating unit in or to which the compliance facility is incorporated

or connected; (e) A flue gas desulfurization system that is connected to a coal-fired electric generating

unit; (f) Facilities or equipment acquired, constructed, or installed, and used, at a coal-fired

electric generating unit primarily for the purpose of handling the byproducts produced

by a compliance facility or other coal combustion byproducts produced by the generating

unit in or to which the compliance facility is incorporated or connected. (2) “ Ohio coal ” means coal mined from coal deposits in the ground that are located within this state,

regardless of the location of the mine's tipple. (3) “ Sale and leaseback transaction ” has the same meaning as in section 5727.01 of the Revised Code . (B) An electric company shall be allowed a nonrefundable credit against the tax imposed

by section 5733.06 of the Revised Code for Ohio coal used in any of its coal-fired electric generating units after April

30, 2001, but before January 1, 2010. Section 5733.057 of the Revised Code shall apply when calculating the credit allowed by this section.  The credit shall be claimed at the following rates per ton of Ohio coal burned in

a coal-fired electric generating unit during the taxable year ending immediately preceding

the tax year:  for tax years before tax year 2006, three dollars per ton;  and for

tax years 2006, 2007, 2008, and 2009, one dollar per ton.  The credit is allowed only if both of the following conditions are met during such

taxable year: (1) The coal-fired electric generating unit is owned and used by the company claiming

the credit or leased and used by that company under a sale and leaseback transaction. (2) A compliance facility is attached to, incorporated in, or used in conjunction with

the coal-fired generating unit. (C) The credit shall be claimed in the order required under section 5733.98 of the Revised Code .  The taxpayer may carry forward any credit amount in excess of its tax due after

allowing for any other credits that precede the credit allowed under this section

in the order required under section 5733.98 of the Revised Code .  The excess credit may be carried forward for three years following the tax year

for which it is claimed under this section. (D) The director of environmental protection, upon the request of the tax commissioner,

shall certify whether a facility is a compliance facility.  In the case of a compliance facility owned by an electric company, the public utilities

commission shall certify to the tax commissioner the cost of the facility as of the

date it was placed in service.  In the case of a compliance facility owned by a person other than an electric company,

the tax commissioner shall determine the cost of the facility as of the date it was

placed in service.  If the owner of such a facility fails to furnish the information necessary to make

that determination, no credit shall be allowed.