2019 US Code
Title 42 - The Public Health and Welfare
Chapter 149 - National Energy Policy and Programs
Subchapter XIII - Miscellaneous
Sec. 16491 - Energy production incentives

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Citation 42 U.S.C. § 16491 (2019)
Section Name §16491. Energy production incentives
Section Text (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.

Source Credit

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

Publication Title United States Code, 2018 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 149 - NATIONAL ENERGY POLICY AND PROGRAMS
SUBCHAPTER XIII - MISCELLANEOUS
Sec. 16491 - Energy production incentives
Contains section 16491
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law No
Disposition standard
Statutes at Large References 119 Stat. 1061
Public Law References Public Law 109-58
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