[USC02] 42 USC 16491: Energy production incentives
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42 USC 16491: Energy production incentives Text contains those laws in effect on January 20, 2021
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 149-NATIONAL ENERGY POLICY AND PROGRAMSSUBCHAPTER XIII-MISCELLANEOUS
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§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 .)