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Title 15 — Commerce and Trade

Chapter 10B — State Taxation of Income from Interstate Commerce

§ 391. Tax on or with respect to generation or transmission of electricity

Statutory text

No State, or political subdivision thereof, may impose or assess a tax on or with respect to the generation or transmission of electricity which discriminates against out-of-State manufacturers, producers, wholesalers, retailers, or consumers of that electricity. For purposes of this section a tax is discriminatory if it results, either directly or indirectly, in a greater tax burden on electricity which is generated and transmitted in interstate commerce than on electricity which is generated and transmitted in intrastate commerce.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 86–272 title II § 201 · 73 Stat. 552

    Enacted · 15 U.S.C. § 391

    (Pub. L. 86–272, title II, § 201, as added Pub. L. 94–455, title XXI, § 2121(a), Oct. 4, 1976, 90 Stat. 1914.)

    Source evidence

    Code source credit
    (Pub. L. 86–272, title II, § 201, as added Pub. L. 94–455, title XXI, § 2121(a), Oct. 4, 1976, 90 Stat. 1914.)

    Enacted provision · exact public law section
    Sec. 201. The Committee on the Judiciary of the House of Representatives and the Committee on Finance of the United States Senate, acting separately or jointly, or both, or any duly authorized subcommittees thereof, shall make full and complete studies of all matters pertaining to the taxation by the States of income derived within the States from the conduct of business activities which are exclusively in furtherance of interstate commerce or which are a part of interstate commerce, for the purpose of recommending to the Congress proposed legislation providing uniform standards to be observed by the States in imposing income taxes on income so derived.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 94–455, title XXI, § 2121(b), , 90 Stat. 1914, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect beginning .”

Credits

(Pub. L. 86–272, title II, § 201, as added Pub. L. 94–455, title XXI, § 2121(a), , 90 Stat. 1914.)

Parsed from the official OLRC USLM XML in data/usc_all/usc15.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t15/s391