42 U.S.C. · The Public Health and Welfare
42 U.S.C. § 16491

Energy production incentives

Ch. 149 — NATIONAL ENERGY POLICY AND PROGRAMS
Title 42 U.S.C. ● ACTIVE Primary Source Ch. 149
Statutory Text

42 U.S.C. § 16491 — Energy production incentives

U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE 42 U.S.C. United States Code, 2023 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 149 - NATIONAL ENERGY POLICY AND PROGRAMS SUBCHAPTER XIII - MISCELLANEOUS Sec. 16491 - Energy production incentives From the U.S. Government Publishing Office, www.gpo.gov

§16491. Energy production incentives

(a) In general A State may provide to any entity— (1) a credit against any tax or fee owed to the State under a State law, or (2) any other tax incentive,

determined by the State to be appropriate, in the amount calculated under and in accordance with a formula determined by the State, for production described in subsection (b) in the State by the entity that receives such credit or such incentive. (b) Eligible entities Subsection (a) shall apply with respect to the production in the State of electricity from coal mined in the State and used in a facility, if such production meets all applicable Federal and State laws and if such facility uses scrubbers or other forms of clean coal technology. (c) Effect on interstate commerce Any action taken by a State in accordance with this section with respect to a tax or fee payable, or incentive applicable, for any period beginning after August 8, 2005, shall— (1) be considered to be a reasonable regulation of commerce; and (2) not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate commerce.

(Pub. L. 109–58, title XIV, §1402, Aug. 8, 2005, 119 Stat. 1061.)

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 42 U.S.C. § 16491 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
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