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2006 LAWS OF MARYLAND
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Ch. 248
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(III) THE TAX CREDIT UNDER THIS PARAGRAPH MAY BE CLAIMED
ONLY FOR MARYLAND MINED COAL THAT IS CONSUMED IN THE NEW FACILITY OR
THE RETROFITTED FACILITY.
(IV) TAX CREDITS ALLOWED UNDER THIS PARAGRAPH ARE NOT
SUBJECT TO THE LIMITATIONS IMPOSED UNDER PARAGRAPH (2) OF THIS
SUBSECTION.
(V) A NEW FACILITY OR RETROFITTED FACILITY THAT CLAIMS A
CREDIT UNDER THIS PARAGRAPH MAY NOT CLAIM A TAX CREDIT UNDER EITHER
PARAGRAPH (2) OF THIS SUBSECTION OR § 10-704.1 OF THIS ARTICLE.
(VI) A NEW FACILITY OR RETROFITTED FACILITY SHALL SUBMIT AN
APPLICATION TO THE DEPARTMENT FOR CERTIFICATION AS A NEW FACILITY OR
RETROFITTED FACILITY BEFORE CLAIMING THE TAX CREDIT AVAILABLE UNDER
THIS PARAGRAPH.
(VII) A NEW FACILITY OR RETROFITTED FACILITY SHALL OBTAIN
AND SUBMIT TO THE APPROPRIATE STATE AGENCY WITH THE TAX RETURN ON
WHICH THE CREDIT IS CLAIMED THE CERTIFICATION FROM THE DEPARTMENT THAT
THE ENTITY HAS MET THE REQUIREMENTS OF THIS PARAGRAPH AND IS ELIGIBLE
FOR THE CREDIT.
(4) (I) ON OR BEFORE NOVEMBER 1, 2019, THE DEPARTMENT OF
BUSINESS AND ECONOMIC DEVELOPMENT SHALL REPORT TO THE SENATE BUDGET
AND TAXATION COMMITTEE AND THE HOUSE COMMITTEE ON WAYS AND MEANS ON
THE MARYLAND MINED COAL TAX CREDIT AVAILABLE UNDER PARAGRAPH (2) OF
THIS SUBSECTION AND § 10-704.1 OF THIS ARTICLE.
(II) THE REPORT REQUIRED UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL INCLUDE:
1. RECOMMENDATIONS AS TO WHETHER THE
MARYLAND MINED COAL TAX CREDIT SHOULD BE CONTINUED, DISCONTINUED, OR
ALTERED;
2. AN ANALYSIS OF THE ECONOMIC BENEFITS OF THE
MARYLAND MINED COAL TAX CREDIT, INCLUDING ITS IMPACT ON EMPLOYMENT IN
MARYLAND; AND
3. AN ANALYSIS OF THE ENVIRONMENTAL IMPACT OF THE
MARYLAND MINED COAL TAX CREDIT, INCLUDING AN EVALUATION OF ANY AIR OR
WATER QUALITY ISSUES CREATED BY THE MINING OF MARYLAND COAL.
10-704.1.
(a) (1) In this section the following words have the meanings indicated.
(2) "Cogenerator" means a qualifying cogenerator or qualifying small
power producer as determined by the Federal Energy Regulatory Commission under
the Public Utility Regulatory Policies Act of 1978.
- 1450 -
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