1. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):

   1. (1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and

   2. (2) that either:

      1. (A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or
      2. (B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.

2. (b) The commission shall allow a public or municipally owned electric utility that incorporates clean coal technology to depreciate that technology over a period of not less than ten (10) years or the useful economic life of the technology, whichever is less and not more than twenty (20) years if it finds that the facility where the clean coal technology is employed:

   1. (1) utilizes and will continue to utilize (as its primary fuel source) Indiana coal; or

   2. (2) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;

      after the technology is in place.

As added by P.L.105-1989, SEC.3.