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PARRIS N. GLENDENING, Governor
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Ch. 296
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(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH. "QUALIFIED MARYLAND FACILITY" MEANS A FACILITY LOCATED IN THE
STATE THAT:
1. PRIMARILY USES QUALIFIED ENERGY RESOURCES TO
PRODUCE ELECTRICITY AND IS ORIGINALLY PLACED IN SERVICE ON OR AFTER
JANUARY 1, 2001, BUT BEFORE JANUARY 1, 2005; OR
2. PRODUCES ELECTRICITY FROM COAL IF ELECTRICITY IS
CONCURRENTLY PRODUCED FROM A QUALIFIED ENERGY RESOURCE THAT IS
CO-FIRED AT THE FACILITY WITH COAL AND INITIALLY BEGINS CO-FIRING A
QUALIFIED ENERGY RESOURCE ON OR BEFORE AFTER JANUARY 1, 2001 BUT BEFORE
JANUARY 1, 2005, REGARDLESS OF WHEN THE ORIGINAL FACILITY WAS ORIGINALLY
PLACED IN SERVICE.
(II) "QUALIFIED MARYLAND FACILITY' DOES NOT INCLUDE A
QUALIFIED FACILITY ELIGIBLE FOR THE THAT CLAIMS A TAX CREDIT UNDER § 45 OF
THE INTERNAL REVENUE CODE:
1. THAT IS ORIGINALLY PLACED IN SERVICE BEFORE
JANUARY 1, 2002; OR
2. IF § 45 OF THE INTERNAL REVENUE CODE IS AMENDED TO
EXTEND THE APPLICABILITY OF THE CREDIT UNDER THAT SECTION, THAT IS
ORIGINALLY PLACED IN SERVICE DURING THE TIME PERIOD SPECIFIED IN § 45 OF
THE INTERNAL REVENUE CODE FOR ELIGIBILITY FOR THE CREDIT UNDER THAT
SECTION.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
TAXPAYER AN INDIVIDUAL OR CORPORATION MAY CLAIM A CREDIT AGAINST THE
STATE INCOME TAX FOR A TAXABLE YEAR IN AN AMOUNT EQUAL TO 0.85 CENTS FOR
EACH KILOWATT HOUR OF ELECTRICITY:
(I) PRODUCED BY THE TAXPAYER INDIVIDUAL OR CORPORATION
FROM QUALIFIED ENERGY RESOURCES AT A QUALIFIED MARYLAND FACILITY
DURING THE 10-YEAR PERIOD BEGINNING ON:
1. THE DATE THE FACILITY WAS ORIGINALLY PLACED IN
SERVICE; OR
2. IN THE CASE OF A FACILITY THAT PRODUCES
ELECTRICITY FROM A QUALIFIED ENERGY RESOURCE THAT IS CO-FIRED WITH
COAL, THE LATER OF THE DATE OF THE INITIAL CO-FIRING OR JANUARY 1, 2001; AND
(II) SOLD BY THE TAXPAYER INDIVIDUAL OR CORPORATION TO AN
UNRELATED PERSON A PERSON OTHER THAN A RELATED PERSON, WITHIN THE
MEANING OF § 45 OF THE INTERNAL REVENUE CODE, DURING THE TAXABLE YEAR
(2) IF THE ELECTRICITY IS PRODUCED FROM BIOMASS A QUALIFIED
ENERGY RESOURCE THAT IS CO-FIRED AT A FACILITY THAT PRODUCES ELECTRICITY
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- 1745 -
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