US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 6
                           EXEMPTIONS FROM TAXATION
    63-602CC.  PROPERTY EXEMPT FROM TAXATION -- QUALIFIED EQUIPMENT UTILIZING
POSTCONSUMER WASTE OR POSTINDUSTRIAL WASTE. (1) The following property is
exempt from taxation: qualified equipment utilizing postconsumer waste or
postindustrial waste used to manufacture products. This exemption shall be
granted only if the list of all taxable personal property as described in
section 63-302, Idaho Code, is submitted by the property owner or the agent
thereof to the assessor not later than March 15 of each year. Additionally,
the requirements of subsection (3) of this section shall be met.
    (2)  As used in this section:
    (a)  "Postconsumer waste" or "postindustrial waste" means only those
    products and materials consisting of metals, paper, glass or plastic
    generated by businesses or consumers which have served their intended end
    use or usefulness and either have been or would normally be disposed of as
    solid waste except for the fact that they are separated from solid waste
    for purposes of collection, recycling or reuse. "Postconsumer waste" or
    "postindustrial waste" shall not include radioactive waste, as defined in
    subsection (4)(g) of section 63-3029D, Idaho Code, or hazardous waste, as
    defined in chapter 44, title 39, Idaho Code.
    (b)  "Product" means any material resulting from a manufacturing process
    and offered for sale to the private or public sector which is composed of
    at least fifty percent (50%) postconsumer waste or postindustrial waste.
    "Product" does not include any shredded material unless such shredded
    material is incorporated directly into the manufacturing process.
    (c)  "Qualified equipment" means machinery or equipment located within
    Idaho which has at least an estimated three (3) years useful life and at
    least ninety percent (90%) of the total actual production from the
    equipment during the previous calendar year utilized postconsumer waste or
    postindustrial waste. "Qualified equipment" shall not include any
    machinery or equipment which is used for the collection, as defined
    herein, of postconsumer waste or postindustrial waste. As used in this
    section "collection" means:
         (i)   The acquisition of materials from businesses or the general
         public through purchase or donation, including the organization of
         systems for such acquisitions;
         (ii)  The preparation of materials for over-the-road transportation
         through cleaning, densification by shredding, baling, or any other
         method, or coalescence, including the organization of systems for
         such preparation; or
         (iii) The transportation of postconsumer waste or postindustrial
         waste between separate geographical locations, including the movement
         of materials around the manufacturing site.
    (3)  On the list of taxable personal property required by subsection (1)
of this section, the property owner, or agent thereof, shall identify all
qualified equipment, and all machinery and equipment that does not meet the
definitions of qualified equipment.
    The property owner, or agent thereof, shall also report use of all
qualified equipment, on forms prescribed by the state tax commission.
    (4)  The county assessor may request additional information of the company
to verify the basis of the exemption claimed in this section.
    (5)  The legislature declares that this exemption is necessary and just.