| | | (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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