Indiana § 8-1-2-6.8 Valuation of property; qualified pollution control property constructed
after March 31, 2002

Indiana Statutes

§ 8-1-2-6.8 — Valuation of property; qualified pollution control property constructed after March 31, 2002

Indiana § 8-1-2-6.8

Art. 1UTILITIES GENERALLY

Ch. 2Utility Regulation

This text of Indiana § 8-1-2-6.8 (Valuation of property; qualified pollution control property constructed after March 31, 2002) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-2-6.8 (2026).

Text

8.

(a)This section applies to a utility that begins construction of qualified pollution control property after March 31, 2002.

(b)As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):

(1)that is used in a new or existing energy generating facility and directly or indirectly reduces airborne emissions of sulfur, mercury, or nitrogen oxides or other regulated air emissions associated with the combustion or use of coal; and

(2)that either:

(A)was not in general commercial use at the same or greater scale in new or existing facilities in the United States at the time of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549); or

(B)has been selected by the United States Department of Energy for funding under its I

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8. (a) This section applies to a utility that begins
construction of qualified pollution control property after March 31,
2002.
(b) As used in this section, "clean coal technology" means a
technology (including precombustion treatment of coal):
(1) that is used in a new or existing energy generating facility and
directly or indirectly reduces airborne emissions of sulfur,
mercury, or nitrogen oxides or other regulated air emissions
associated with the combustion or use of coal; and
(2) that either:
(A) was not in general commercial use at the same or greater
scale in new or existing facilities in the United States at the
time of enactment of the federal Clean Air Act Amendments of
1990 (P.L.101-549); or
(B) has been selected by the United States Department of
Energy for funding under its Innovative Clean Coal Technology
program and is finally approved for such funding on or after the
date of enactment of the federal Clean Air Act Amendments of
1990 (P.L.101-549).
(c) As used in this section, "qualified pollution control property"
means an air pollution control device on a coal burning energy
generating facility or any equipment that constitutes clean coal
technology that has been approved for use by the commission and that
meets applicable state or federal requirements.
(d) As used in this section, "utility" refers to any energy generating
utility allowed by law to earn a return on its investment.
(e) Upon the request of a utility that begins construction after March
31, 2002, of qualified pollution control property that is to be used and
useful for the public convenience, the commission shall for ratemaking
purposes add to the value of that utility's property the value of the
qualified pollution control property under construction.
(f) The commission shall adopt rules under IC 4-22-2 to implement
this section.