Note: This version of section effective until 1-1-2020. See also following repeal of this chapter, effective 1-1-2020.

1. (1) obtains and uses coal combustion products for the manufacturing of recycled components; and

2. (2) is at least one (1) of the following:

   1. (A) A new business.
   2. (B) An existing business that, during the taxable year in which the taxpayer claims a deduction under this chapter, expands the business's manufacturing process to manufacture recycled components.

   3. (C) An existing business that:

      1. (i) manufactures recycled components; and
      2. (ii) during the taxable year in which the taxpayer claims a deduction under this chapter, increases purchases of coal combustion products by the amount determined in subsection (b).

      3. (b) To be within the definition set forth in subsection (a), a taxpayer described in subsection (a)(2)(C) must increase the taxpayer's purchases of coal combustion products by the amount determined in STEP THREE of the following STEPS:

         1. (A) the STEP TWO amount; multiplied by
         2. (B) one-tenth (0.1).

         STEP ONE: Determine the amount of the taxpayer's purchases of coal combustion products for each of the three (3) taxable years immediately preceding the taxable year in which the taxpayer claims a deduction under this chapter.

         STEP TWO: Determine the largest amount determined under STEP ONE.

         STEP THREE: Determine the product of:

Sec. 3. (a) As used in this chapter, "manufacturer" means a taxpayer that:

As added by P.L.215-2003, SEC.1.