Sec. 8. (a) As used in this chapter, "new energy production or generating facility" refers to a generation or coal gasification facility that satisfies all of the following: (1) The facility produces energy primarily from coal or gases from coal from the geological formation known as the Illinois Basin. (2) The facility is a: (A) newly constructed or newly repowered energy plant; or (B) newly constructed capacity expansion at an existing plant; dedicated primarily to serving Indiana retail customers. (3) The repowering, construction, or expansion of the facility was begun by an Indiana utility after July 1, 2002. (4) Except for a facility that is a clean energy project under section 2(2) of this chapter, the facility has an aggregate rated electric generating capacity of at least one hundred (100) megawatts for all units at one (1) site or a generating capacity of at least four hundred thousand (400,000) pounds per hour of steam. (b) The term includes the transmission lines, gas transportation facilities, and associated equipment employed specifically to serve a new energy production or generating facility.
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