Title 42 — The Public Health and Welfare
Chapter 149 — National Energy Policy and Programs
§ 16491. Energy production incentives
Statutory text
In general
A State may provide to any entity—
a credit against any tax or fee owed to the State under a State law, or
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.
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.
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 , shall—
be considered to be a reasonable regulation of commerce; and
not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate, against interstate 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.
Energy Policy Act of 2005
Pub. L. 109–58 title XIV § 1402 · 119 Stat. 594
Enacted · 42 U.S.C. § 16491
(Pub. L. 109–58, title XIV, § 1402, Aug. 8, 2005, 119 Stat. 1061.)
Source evidence
Code source credit
(Pub. L. 109–58, title XIV, § 1402, Aug. 8, 2005, 119 Stat. 1061.)Enacted provision · exact public law section
SEC. 1402. 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) Applicability. 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 the date of the enactment of this Act 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.
1 of 1 references resolved to an enrolled provision