WILLIAM DONALD SCHAEFER, Governor

Ch. 311

4. Any transportation facility, electric
power plant, electric transmission line or other facility:

project;

A.  That is for the exclusive use of the

B.  That is incidental to the project; and

C. That is necessary to the project,
except that a transportation facility used to transport fuel
produced by the facility away from the project shall be used
exclusively to transport the fuel to a storage facility or
pipeline connection to an existing pipeline or processing
facility or to an area within close proximity of the project;

(ii) The conversion of any facility from the
use of petroleum-based fuel to the use of coal or to the use of a
mixture of coal and other materials as a fuel;

(iii) The construction of a facility for the
combustion of coal utilizing innovative technology for increasing
the efficiency of the combustion process.

(2) "Financial assistance" includes any commitment to
provide assistance in any form delineated in paragraph (1) of
this subsection.

(j) "Includes" or "including" means includes or including
by way of illustration and not by way of limitation.

(k) "Industrial building" means any building, other than a
commercial building, or a residential building, that:

(1)  Is used primarily to carry on a business
(including any nonprofit business);

(2)  Is used primarily for an industrial process; and

(3)  Provides a method of controlling energy usage
within its exterior envelope but that, as designed, does not have
a peak design rate of energy usage of less than 3.5 B.T.U. per
hour per square foot or 1 watt per square foot of floor area.

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(i) (1) "Financial assistance" means any form of assurance,
guarantee, grant, payment, support, or other assistance,
including any of the following forms of financial assistance or
any combination of these forms: a grant, loan, loan guarantee
(including insurance and co-insurance), a price guarantee,
purchase agreement, reduction in the principal obligation of or
rate of interest payable on a loan or portion of a loan,
prepayment of interest on a loan or portion of a loan, a joint
venture, an equity investment, a lease, a lease guarantee
(including insurance and co-insurance), and a supply agreement.