ENGROSSED

Senate Bill No. 528

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(Originating in the Committee on Finance;

reported March 3, 1994.)

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A BILL to amend and reenact section two, article six-a, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to tax treatment of pollution control facilities; and defining the term "pollution control facility".

Be it enacted by the Legislature of West Virginia:
That section two, article six-a, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6A. POLLUTION CONTROL FACILITIES TAX TREATMENT.

§11-6A-2. Definition.

As used in this article, "pollution control facility" means any personal property designed, constructed or installed primarily for the purpose of abating or reducing water or air pollution or contamination by removing, altering, disposing, treating, storing or dispersing the concentration of pollutants, contaminants, wastes or heat in compliance with air or water quality or effluent standards prescribed by or promulgated under the laws of this state or the United States, the design,construction and installation of which personal property was approved as a pollution control facility by either the office of water resources or the office of air quality, both of the division of environmental protection, as the case may be. Any item of personal property installed at a project disposing of coal waste known as gob by burning such waste in compliance with applicable air and water quality standards and meeting the criteria for financing with bonds referenced in section twenty- one, article two-c, chapter thirteen of this code, which item is integral and necessary to the gob disposal process at the project, shall constitute a "pollution control facility" not subject to allocation pursuant to the rule promulgated under section four of this article: Provided, That all items of personal property used in the production of a profitable by-product but not in the disposal of gob at the project shall be valued without regard to this article.