§237-27.5 Air pollution control facility. (a) As used in this section, "air pollution control facility" shall mean a new identifiable treatment facility, equipment, device, or the like, which is used to abate or control atmospheric pollution or contamination by removing, reducing, or rendering less noxious air contaminants emitted into the atmosphere from a point immediately preceding the point of such removal, reduction, or rendering to the point of discharge of air, meeting emission standards as established by the department of health, excluding air conditioner, fan, or other similar facility for the comfort of persons at a place of business.
(b) Any provision of law to the contrary notwithstanding, and upon receipt of the certification required by subsection (c), there shall be exempted from, and excluded from the measure of, the taxes imposed by this chapter, all of the gross proceeds arising from, and all of the amount of tangible personal property furnished in conjunction with, the construction, reconstruction, erection, operation, use, or maintenance of an air pollution control facility.
(c) Application for the exemption provided by this section shall first be made with the director of health who, if satisfied that the facility meets the pollution emission criteria established by the department of health, shall certify to that fact. A new certificate shall be obtained from the director of health and filed with the director of taxation every five years certifying that the pollution control facility complies with the pollutant emission criteria established by the department of health. [L 1970, c 134, §1; am L 1989, c 14, §15]
Structure Hawaii Revised Statutes
237-2 "Business", "engaging" in business, defined.
237-2.5 Engaging in business in the State.
237-3 "Gross income", "gross proceeds of sale", defined.
237-4 "Wholesaler", "jobber", defined.
237-4.5 Marketplace facilitators.
237-6 "Contractor", "contracting", "federal cost-plus contractor", defined.
237-7 "Service business or calling", defined.
237-8 Administration and enforcement by department.
237-9.3 General excise tax benefits; denial of tax benefits for failure to properly claim.
237-9.5 No separate licensing, filing, or liability for certain revocable trusts.
237-10.5 Reporting requirement for contractors on federal construction projects.
237-12 Tax cumulative; extent of license.
237-13.5 Assessment on generated electricity.
237-13.8 Sales of telecommunications services through prepaid telephone calling service.
237-14 Segregation of gross income, etc., on records and in returns.
237-16.5 Tax on written real property leases; deduction allowed.
237-16.8 Exemption of certain convention, conference, and trade show fees.
237-17 Persons with impaired sight, hearing, or who are totally disabled.
237-18 Further provisions as to application of tax.
237-20 Principles applicable in certain situations.
237-22 Conformity to Constitution, etc.
237-23 Exemptions, persons exempt, applications for exemption.
237-24.3 Additional amounts not taxable.
237-24.5 Additional exemptions.
237-24.7 Additional amounts not taxable.
237-24.75 Additional exemptions.
237-24.8 Amounts not taxable for financial institutions.
237-24.9 Aircraft service and maintenance facility.
237-25 Exemptions of sales and gross proceeds of sales to federal government, and credit unions.
237-26 Exemption of certain scientific contracts with the United States.
237-27 Exemption of certain petroleum refiners.
237-27.5 Air pollution control facility.
237-27.6 Solid waste processing, disposal, and electric generating facility; certain amounts exempt.
237-28.1 Exemption of certain shipbuilding and ship repair business.
237-29 Exemptions for certified or approved housing projects.
237-29.5 Exemption for sales of tangible personal property shipped out of the State.
237-29.53 Exemption for contracting or services exported out of State.
237-29.57 Exemption for intangible property used outside the State.
237-29.7 Exemption of insurance companies.
237-29.8 Call centers; exemption; engaging in business; definitions.
237-30 Monthly, quarterly, or semiannual return, computation of tax, payment.
237-33 Annual return, payment of tax.
237-34 Filing of returns; disclosure of returns unlawful, penalty; destruction of returns.
237-35 Consolidated reports; interrelated business.
237-36 Erroneous returns, disallowance of exemption, payment.
237-38 Failure to make return.
237-39 Audits; procedure, penalties.
237-41 Records to be kept; examination.
237-41.5 Certain amounts held in trust; liability of key individuals.
237-43 Bulk sales; transfers; penalties.
237-44 Entertainment business.
237-46 Collection by suit; injunction.
237-47 District judges; concurrent civil jurisdiction in tax collections.