Section 6353 Of Article 1. General Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 1. >> Chapter 4. >> Article 1.
6353
. There are exempted from the taxes imposed by this part the
gross receipts derived from the sales, furnishing, or service of and
the storage, use, or other consumption in this state of, all of the
following:
(a) Gas, electricity, and water, including steam and geothermal
steam, brines, and heat, when delivered to consumers through mains,
lines, or pipes.
(b) (1) Liquefied petroleum gas, delivered to a qualified
residence by the seller, that is sold for household use in the
qualified residence, or liquefied petroleum gas that is purchased for
use by a qualified person to be used in producing and harvesting
agricultural products; provided, in either case, the liquefied
petroleum gas is delivered into a tank with a storage capacity for
liquefied petroleum gas that is equal to or greater than 30 gallons.
This subdivision may not be construed to provide any exemption from
any tax levied by a city, county, or city and county pursuant to
Section 7284.3, or any successor to that section.
(2) For purposes of this subdivision:
(A) "Qualified residence" means a primary residence, not serviced
by gas mains and pipes.
(B) "Qualified person" means any person engaged in a line of
business described in Codes 0111 to 0291, inclusive, of the Standard
Industrial Classification Manual published by the United States
Office of Management and Budget, 1987 Edition, and any other person
that assists that person in the lines of business described in this
paragraph in producing and harvesting agricultural products.
(c) Water, when sold to an individual in bulk quantities of 50
gallons or more, for general household use in his or her residence if
the residence is located in an area not serviced by mains, lines, or
pipes.
(d) Exhaust steam, waste steam, heat, or resultant energy,
produced in connection with cogeneration technology, as defined in
Section 25134 of the Public Resources Code.
(e) The exemptions provided by subdivision (b) shall be effective
starting September 1, 2001.