Senate Bill 2953

AN ACT TO PROVIDE THAT CERTAIN POLLUTION CONTROL EQUIPMENT MANDATED BY FEDERAL OR STATE LAW OR REGULATION SHALL BE EXEMPT FROM AD VALOREM TAXATION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Pollution control equipment purchased after July 1, 2014, by manufacturers or custom processors for industrial use shall be exempt from ad valorem taxation, except ad valorem taxation for school district purposes, for a period of ten (10) years in the manner provided in this section.

(2) As used in this section, "pollution control equipment" means equipment, devices, machinery or systems that are used exclusively and directly to prevent, control, monitor or reduce air, water or groundwater pollution, or solid or hazardous waste as required by federal or state law or regulation.

(3) A taxpayer desiring to obtain the exemption authorized in this section must submit an application for exemption to the county board of supervisors or municipal governing authorities, as the case may be. The application must be made in writing by June 1 of the year immediately following the year in which the equipment is acquired. If the initial application for exemption is not timely made, the county board of supervisors or municipal authorities, as the case may be, shall grant a subsequent application for the exemption. The county board of supervisors or municipal governing authorities, as the case may be, shall approve the application if they determine that the applicant is eligible for the exemption authorized in this section, and the exemption shall begin on the date of such approval. An application for exemption shall include (a) certification from the Mississippi Department of Revenue granting exemption from Mississippi sales tax under Section 27-65-101(1)(w), and (b) a complete description of equipment, devices, machinery or systems for which the application is filed.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.