As used in this chapter, "eligible business" means a business that is an energy utility (as defined in IC 8-1-2.5-2 ), a joint agency (as defined in IC 8-1-2.2-2 ), or an owner of a coal gasification facility and that:

1. (1) proposes to construct or repower a new energy production or generating facility;
2. (2) proposes to construct or repower a project described in section 2(1) or 2(2) of this chapter;
3. (3) undertakes a project to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities;
4. (4) purchases fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility; or
5. (5) proposes to construct or repower a facility described in IC 8-1-37-4 (a)(21).

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.15; P.L.150-2011, SEC.5; P.L.83-2023, SEC.3.