§ 26-52-429 - Gas and energy produced from biomass.
26-52-429. Gas and energy produced from biomass.
(a) (1) The gross receipts or gross proceeds derived from the sale of gas produced from biomass in a facility meeting all of the eligibility requirements for the credit allowed under 26 U.S.C. 45k, as in effect on December 31, 1996, and sold to an entity for the purpose of generating steam, hot air, or electricity to be sold to the gas producer are exempt from the tax levied by this chapter.
(2) The gross receipts or gross proceeds derived from the sale of steam, hot air, or electricity from the entity purchasing the gas produced from biomass in a facility meeting all of the eligibility requirements for the credit allowed under 26 U.S.C. 45k, as in effect on December 31, 1996, to the gas producer are exempt from the tax levied by this chapter.
(b) As used in this section, "gas produced from biomass" means gas produced from any organic material other than:
(1) Oil and natural gas or any product thereof; or
(2) Coal, including lignite, or any product thereof.