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.