As Recommitted to the Senate Ways and Means Committee        1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 262  5            

      1999-2000                                                    6            


   REPRESENTATIVES ROMAN-D.MILLER-NETZLEY-SULZER-TIBERI-CATES-     8            

       JACOBSON-TAYLOR-PRINGLE-CLANCY-PERZ-SCHULER-YOUNG-          9            

      MOTTLEY-GRENDELL-SCHUCK-O'BRIEN-VESPER-KREBS-PADGETT-        10           

      DePIERO-WILLAMOWSKI-BUEHRER-BOYD-JOLIVETTE-SCHURING-         11           

      ROBERTS-HOOD-SULLIVAN-METELSKY-SMITH-ALLEN-VAN VYVEN-        12           

  HOUSEHOLDER-KRUPINSKI-HOLLISTER-FORD-SALERNO-WOMER BENJAMIN-     13           

    FLANNERY-HARTNETT-DISTEL-PERRY-AUSTRIA-PETERSON-AMSTUTZ-       14           

  HAINES-CAREY-DAMSCHRODER-KILBANE-MAIER-BENDER-PATTON-VERICH-     15           

   BARNES-J. BEATTY-CORBIN-TRAKAS-TERWILLEGER-OLMAN-GERBERRY-      16           

HARRIS-JONES-CALLENDER-BRITTON-GARDNER-R. MILLER-HOOPS- CALVERT-   18           

                     SENATORS DRAKE-DiDONATO                                    


_________________________________________________________________   20           

                          A   B I L L                                           

             To amend sections 5727.391 and 5733.39, to enact      22           

                section 5703.55 of the Revised Code, and to        24           

                repeal the version of section 5733.39 of the                    

                Revised Code that results from Am. Sub. S.B. 3 of  25           

                the 123rd General Assembly to prohibit the                      

                Department of Taxation from putting social         27           

                security numbers on the outside of materials                    

                mailed to taxpayers and to allow the Ohio coal     28           

                tax credit to be taken for additional compliance   29           

                facilities.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That sections 5727.391 and 5733.39 be amended    33           

and section 5703.55 of the Revised Code be enacted to read as      34           

follows:                                                                        

      Sec. 5703.55.  THE DEPARTMENT OF TAXATION SHALL NOT PUT A    36           

TAXPAYER'S SOCIAL SECURITY NUMBER ON THE OUTSIDE OF ANY MATERIAL   37           

                                                          2      


                                                                 
MAILED TO THE TAXPAYER.                                                         

      Sec. 5727.391.  (A)  As used in this section:                46           

      (1)  "Compliance facility" has the same meaning as in        48           

section 4905.01 of the Revised Code MEANS PROPERTY THAT IS         50           

DESIGNED, CONSTRUCTED, OR INSTALLED, AND USED, AT A COAL-FIRED     51           

ELECTRIC GENERATING FACILITY FOR THE PRIMARY PURPOSE OF COMPLYING  52           

WITH ACID RAIN CONTROL REQUIREMENTS UNDER TITLE IV OF THE "CLEAN   54           

AIR ACT AMENDMENTS OF 1990," 104 STAT. 2584, 42 U.S.C.A. 7651,     56           

AND THAT CONTROLS OR LIMITS EMISSIONS OF SULFUR OR NITROGEN                     

COMPOUNDS RESULTING FROM THE COMBUSTION OF COAL THROUGH THE        57           

REMOVAL OR REDUCTION OF THOSE COMPOUNDS BEFORE, DURING, OR AFTER   58           

THE COMBUSTION OF THE COAL, BUT BEFORE THE COMBUSTION PRODUCTS     59           

ARE EMITTED INTO THE ATMOSPHERE.  "Compliance facility" also       60           

includes both ANY of the following:                                61           

      (a)  A FACILITY THAT REMOVES SULFUR COMPOUNDS FROM COAL      63           

BEFORE THE COMBUSTION OF THE COAL AND THAT IS LOCATED OFF THE      64           

PREMISES OF THE ELECTRIC GENERATING FACILITY WHERE THE COAL        65           

PROCESSED BY THE COMPLIANCE FACILITY IS BURNED;                    66           

      (b)  MODIFICATIONS TO THE ELECTRIC GENERATING FACILITY       68           

WHERE THE COMPLIANCE FACILITY IS CONSTRUCTED OR INSTALLED THAT     69           

ARE NECESSARY TO ACCOMMODATE THE CONSTRUCTION OR INSTALLATION,     70           

AND OPERATION, OF THE COMPLIANCE FACILITY;                         71           

      (c)  A BYPRODUCT DISPOSAL FACILITY, AS DEFINED IN SECTION    73           

3734.051 OF THE REVISED CODE, THAT EXCLUSIVELY DISPOSES OF WASTES  75           

PRODUCED BY THE COMPLIANCE FACILITY AND OTHER COAL COMBUSTION                   

BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE      76           

COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED REGARDLESS OF     77           

WHETHER THE BYPRODUCT DISPOSAL FACILITY IS LOCATED ON THE SAME     78           

PREMISES AS THE COMPLIANCE FACILITY OR GENERATING UNIT THAT        79           

PRODUCES THE WASTES DISPOSED OF AT THE FACILITY;                   80           

      (d)  FACILITIES OR EQUIPMENT THAT IS ACQUIRED, CONSTRUCTED,  82           

OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING        83           

FACILITY EXCLUSIVELY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS    84           

PRODUCED BY THE COMPLIANCE FACILITY OR OTHER COAL COMBUSTION       85           

                                                          3      


                                                                 
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE      86           

COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED;                  87           

      (e)  A flue gas desulfurization system that is connected to  89           

a coal-fired electric generating unit and that either was placed   90           

in service prior to July 10, 1991, or construction of which was    92           

commenced prior to that date;                                      93           

      (b)(f)  Facilities or equipment that is acquired,            95           

constructed, or installed, and used, at a coal-fired electric      96           

generating unit primarily for the purpose of handling the          97           

byproducts produced by a compliance facility or other coal         98           

combustion byproducts produced by the generating unit in or to     99           

which the compliance facility is incorporated or connected.        100          

      (2)  "Ohio coal" has the same meaning as in section 4913.01  102          

of the Revised Code.                                               103          

      (B)  An electric company shall be allowed a credit against   105          

the tax computed under section 5727.38 of the Revised Code for     106          

using Ohio coal in any of its coal-fired electric generating       107          

units.  The credit shall be claimed in the company's annual        108          

statement required under division (A) of section 5727.31 of the    109          

Revised Code at the rate of three dollars per ton of Ohio coal     111          

burned, during the same twelve-month period used in determining    112          

gross receipts and on or after January 1, 2000, in a coal-fired    114          

electric generating unit under both of the following conditions:   115          

      (1)  The coal-fired electric generating unit is owned by     117          

the company claiming the credit or leased by that company under a  118          

sale and leaseback transaction;                                    119          

      (2)  A compliance facility is attached to, incorporated in,  121          

or used in conjunction with the coal-fired generating unit.        122          

      (C)  If the credit allowed under this section exceeds the    124          

total taxes due for the current year, the tax commissioner shall   125          

credit the excess against the taxes due for succeeding years       126          

until the full amount of the credit is granted.                    127          

      (D)  The director of environmental protection, upon the      129          

request of the tax commissioner, shall certify whether a facility  130          

                                                          4      


                                                                 
is a compliance facility.  In the case of a compliance facility    131          

owned by an electric company, the public utilities commission      132          

shall certify to the tax commissioner the cost of the facility as  133          

of the date it was placed in service.  In the case of a            134          

compliance facility owned by a person other than an electric       135          

company, the tax commissioner shall determine the cost of the      136          

facility as of the date it was placed in service; if the owner of  137          

such a facility fails to furnish the information necessary to      138          

make that determination, no credit shall be allowed.               139          

      Sec. 5733.39.  (A)  As used in this section:                 148          

      (1)  "Compliance facility" means property that is designed,  150          

constructed, or installed, and used, at a coal-fired electric      151          

generating facility for the primary purpose of complying with      152          

Phase I acid rain control requirements under Title IV of the       154          

"Clean Air Act Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A.    155          

7651, and that controls or limits emissions of sulfur or nitrogen  156          

compounds resulting from the combustion of coal through the        157          

removal or reduction of those compounds before, during, or after   158          

the combustion of the coal, but before the combustion products     159          

are emitted into the atmosphere.  "Compliance facility" also       160          

includes any of the following:                                     161          

      (a)  A facility that removes sulfur compounds from coal      163          

before the combustion of the coal and that is located off the      164          

premises of the electric generating facility where the coal        165          

processed by the compliance facility is burned;                    166          

      (b)  Modifications to the electric generating facility       168          

where the compliance facility is constructed or installed that     169          

are necessary to accommodate the construction or installation,     170          

and operation, of the compliance facility;                         171          

      (c)  A byproduct disposal facility, as defined in section    173          

3734.051 of the Revised Code, that exclusively disposes of wastes  174          

produced by the compliance facility and other coal combustion      175          

byproducts produced by the generating unit in or to which the      176          

compliance facility is incorporated or connected regardless of     177          

                                                          5      


                                                                 
whether the byproduct disposal facility is located on the same     178          

premises as the compliance facility or generating unit that        179          

produces the wastes disposed of at the facility;                   180          

      (d)  Facilities or equipment that is acquired, constructed,  182          

or installed, and used, at a coal-fired electric generating        183          

facility exclusively for the purpose of handling the byproducts    184          

produced by the compliance facility or other coal combustion       185          

byproducts produced by the generating unit in or to which the      186          

compliance facility is incorporated or connected;                  187          

      (e)  A flue gas desulfurization system that is connected to  190          

a coal-fired electric generating unit and that either was placed   191          

in service prior to July 10, 1991, or construction of which was    192          

commenced prior to that date;                                                   

      (f)  Facilities or equipment acquired, constructed, or       195          

installed, and used, at a coal-fired electric generating unit                   

primarily for the purpose of handling the byproducts produced by   196          

a compliance facility or other coal combustion byproducts          197          

produced by the generating unit in or to which the compliance      198          

facility is incorporated or connected.                             199          

      (2)  "Ohio coal" has the same meaning as in section 4913.01  202          

of the Revised Code.                                               203          

      (3)  "Sale and leaseback transaction" has the same meaning   205          

as in section 5727.01 of the Revised Code.                         208          

      (B)  An electric company shall be allowed a nonrefundable    211          

credit against the tax imposed by section 5733.06 of the Revised   213          

Code for Ohio coal used in any of its coal-fired electric          216          

generating units after April 30, 2001, but before January 1,       217          

2005.  Section 5733.057 of the Revised Code shall apply when       220          

calculating the credit allowed by this section.  The credit shall  222          

be claimed at the rate of three dollars per ton of Ohio coal       223          

burned in a coal-fired electric generating unit during the         224          

taxable year ending immediately preceding the tax year.  The       225          

credit is allowed only if both of the following conditions are     226          

met during such taxable year:                                      227          

                                                          6      


                                                                 
      (1)  The coal-fired electric generating unit is owned and    229          

used by the company claiming the credit or leased and used by      230          

that company under a sale and leaseback transaction.               231          

      (2)  A compliance facility is attached to, incorporated in,  234          

or used in conjunction with the coal-fired generating unit.        235          

      (C)  The credit shall be claimed in the order required       238          

under section 5733.98 of the Revised Code.  The taxpayer may       240          

carry forward any credit amount in excess of its tax due after     241          

allowing for any other credits that precede the credit allowed     242          

under this section in the order required under section 5733.98 of  243          

the Revised Code.  The excess credit may be carried forward for    245          

three years following the tax year for which it is claimed under   246          

this section.                                                                   

      (D)  The director of environmental protection, upon the      249          

request of the tax commissioner, shall certify whether a facility  250          

is a compliance facility.  In the case of a compliance facility    251          

owned by an electric company, the public utilities commission      252          

shall certify to the tax commissioner the cost of the facility as  253          

of the date it was placed in service.  In the case of a            254          

compliance facility owned by a person other than an electric       255          

company, the tax commissioner shall determine the cost of the      256          

facility as of the date it was placed in service.  If the owner    257          

of such a facility fails to furnish the information necessary to   258          

make that determination, no credit shall be allowed.               259          

      Section 2.  That existing sections 5727.391 and 5733.39 of   261          

the Revised Code are hereby repealed.                              262          

      Section 3.  The amendment of section 5727.391 of the         264          

Revised Code by this act does not affect its earlier repeal, with  265          

delayed effective date, by Section 8 of Am. Sub. S.B. 3 of the     267          

123rd General Assembly.                                                         

      Section 4.  The version of section 5733.39 of the Revised    269          

Code that results from Am. Sub. S.B. 3 of the 123rd General        270          

Assembly is hereby repealed.  This repeal does not affect the      271          

version of section 5733.39 of the Revised Code as it results from  272          

                                                          7      


                                                                 
Am. H.B. 384 of the 123rd General Assembly and is scheduled to     273          

take effect January 1, 2002.                                       274          

      Section 5.  Section 5733.39 of the Revised Code, as amended  276          

by this act, shall take effect January 1, 2002.                    277