79-32,233.

275 words·~1 min read·/ks/chapter-79/79-32-208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

79-32,233. Biomass-to-energy plants; credits for certain investments; definitions. As used in K.S.A. 79-32,233 through 79-32,236 , and amendments thereto:

(a)"Biomass" means any organic matter available on a renewable or recurring basis, including solid and liquid organic waste, but excluding:

(1)Petroleum oil, natural gas, coal and lignite, and any products thereof; and

(2)corn or grain sorghum suitable for human consumption.

(b)"Biomass-to-energy plant" means an industrial process plant, located in this state, where biomass is processed to produce annually any of the following, and coproducts:

(1)Not less than 500,000 gallons of cellulosic alcohol;

(2)liquid or gaseous fuel or energy in a quantity having BTU value equal to or greater than 500,000 gallons of cellulosic alcohol; or

(3)oil produced for direct conversion into fuel in a quantity having BTU value equal to or greater than 500,000 gallons of cellulosic alcohol.

(c)"Expansion of an existing biomass-to-energy plant" means expansion which begins after December 31, 2005, of the capacity of an existing biomass-to-energy plant by at least 10% of such capacity.

(d)"New biomass-to-energy plant" means a biomass-to-energy plant, construction of which begins after December 31, 2005.

(e)"Pass-through entity" means any:

(1)Corporation which is exempt from income tax under section 1363 of the federal internal revenue code and which complies with the requirements of K.S.A. 79-32,100e , and amendments thereto;

(2)limited liability company;

(3)partnership; or

(4)limited liability partnership.

(f)"Qualified investment" means expenditures made in construction of a new biomass-to-energy plant or in expansion of the capacity of an existing biomass-to-energy plant, for real and tangible personal property incorporated in and used as part of such plant.