Us Code § 16491 - Energy production incentives
Full text of Us Code United States Code § 16491 — Energy production incentives, with citation guidance and answers to common questions.
§ 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.)
About This Section
42 U.S.C. § 16491 is part of Title 42 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 42 U.S.C. § 16491. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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