Sales & use tax exemption-electrical generating facilities.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0558

HOUSE BILL
NO.
HB0315

Sales & use tax exemption-electrical generating facilities.

Sponsored by:
Representative(s) Miller and Lockhart

A BILL

for

AN ACT relating to taxation and revenue; providing for a sales and use tax exemption for new electrical generating facilities and electrical transmission lines as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 39
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15
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105(a)(viii) by creating new subparagraphs (P) and (Q) and 39
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16
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105(a)(viii) by creating new subparagraphs (E) and (F) are amended to read:

39
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15
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105.

Exemptions.

(a)

The following sales or leases are exempt from the excise tax imposed by this article:

(viii)

For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:

(P)

The sale of equipment used to generate electricity from a new electrical generating facility. The exemption provided by this subparagraph shall be limited to the acquisition of equipment used in a project to make it operational up to the point of interconnection with an existing transmission grid, generating equipment, control and monitoring systems, power lines, substation equipment, lighting, fencing, pipes and other equipment for locating power lines and poles. The exemption shall not apply to tools and other equipment used in construction of a new facility, contracted services required for construction and routine maintenance activities and equipment utilized or acquired after the electrical generating facility is operational;

(Q)

The sale of tangible personal property used in the transmission of electricity. The exemption provided by this subparagraph shall be limited to the acquisition of tangible personal property used in the operation of a transmission line with a rating equal to or greater than two hundred thirty (230) kilovolts including power lines, substation equipment, lighting, fencing, pipes and other equipment for locating power lines and poles. The exemption shall not apply to tools and other equipment used in construction of a new transmission line, contracted services required for construction and routine maintenance activities and equipment utilized or acquired after the transmission facility is operational.

39
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16
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105.

Exemptions.

(a)

The following purchases or leases are exempt from the excise tax imposed by this article:

(viii)

For the purpose of exempting sales of services and tangible personal property as an economic incentive, the following are exempt:

(E)

The purchase of equipment used to generate electricity from a new electrical generating facility. The exemption provided by this subparagraph shall be limited to the acquisition of equipment used in a project to make it operational up to the point of interconnection with an existing transmission grid, generating equipment, control and monitoring systems, power lines, substation equipment, lighting, fencing, pipes and other equipment for locating power lines and poles. The exemption shall not apply to tools and other equipment used in construction of a new facility, contracted services required for construction and routine maintenance activities and equipment utilized or acquired after the electrical generating facility is operational;

(F)

The purchase of tangible personal property used in the transmission of electricity. The exemption provided by this subparagraph shall be limited to the acquisition of tangible personal property used in the operation of a transmission line with a rating equal to or greater than two hundred thirty (230) kilovolts including power lines, substation equipment, lighting, fencing, pipes and other equipment for locating power lines and poles. The exemption shall not apply to tools and other equipment used in construction of a new transmission line, contracted services required for construction and routine maintenance activities and equipment utilized or acquired after the transmission facility is operational.

Section 2.
This act is effective January 1, 2006.

(END)

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HB0315