30 Tex. Admin. Code § 17.17 - Partial Determinations
(a) A Tier III
application requesting a partial determination must be submitted for all
property that is either not used as described on the Tier I Table located in
§
17.14(a) of this
title (relating to Tier I Pollution Control Property), or does not fully
satisfy the requirements for a 100% positive use determination under this
chapter. For all property for which a partial use determination is sought, the
cost analysis procedure (CAP) described in subsection (c) of this section must
be used.
(b) The Expedited Review
List in this subsection is adopted as a nonexclusive list of facilities,
devices, or methods for the control of air, water, and/or land pollution. This
table consists of the list located in Texas Tax Code, §
11.31(k)
with changes as authorized by Texas Tax Code, §
11.31(l).
The commission shall review and update the items listed in this table only if
there is compelling evidence to support the conclusion that the item provides
pollution control benefits. The commission may remove an item from this table
only if there is compelling evidence to support the conclusion that the item
does not render pollution control benefits.
(c)
Consistent with subsection (a) of this section, the following calculation (cost
analysis procedure) must be used to determine the creditable partial percentage
for a property that is filed on a Tier III application:
(1) If no marketable product results from the
use of the property, use the following equation and enter "0" for the net
present value of the marketable product (NPVMP):
(2) For
property that generates a marketable product (MP), the net present value (NPV)
of the MP is used to reduce the partial determination when used in the equation
in the figure in paragraph (1) of this subsection. The value of the MP is
calculated by subtracting the production costs of the MP from the market value
of the MP. This value is then used to calculate the NPV of the MP (NPVMP) over
the lifetime of the equipment. The equation for calculating NPVMP is as
follows:
(d) If the cost analysis procedure of this
section produces a negative number or a zero, the property is not eligible for
a positive use determination.
Notes
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