42 U.S.C. § 16491 — Energy production incentives
submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 194 words · no verdicts yet
A State may provide any entity with a tax credit or another tax incentive for producing electricity in the State from coal mined in the State, if the production follows applicable Federal and State laws and the facility uses scrubbers or another form of clean coal technology. Such State actions are treated as reasonable regulations of commerce and not as undue burdens on interstate commerce.
(a) In general: A State* may provide to any entity either: (1) a credit against a tax or fee that the entity owes to the State under State law; or (2) any other tax incentive that the State determines is appropriate. The amount must be calculated under a formula determined by the State. The credit or incentive must be for production described in subsection (b) in the State by the entity that receives the credit or incentive.
(b) Eligible entities: Subsection (a) applies to producing electricity in the State from coal mined in the State and used in a facility, if the production meets all applicable Federal and State laws and the facility uses scrubbers or other forms of clean coal technology.
(c) Effect on interstate commerce: For any period beginning after August 8, 2005, a State action under this section concerning a payable tax or fee, or an applicable incentive, must: (1) be considered a reasonable regulation of commerce; and (2) not be considered to impose an undue burden on interstate commerce or otherwise impair, restrain, or discriminate against interstate commerce.
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.
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.
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—
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.
Source credit: (Pub. L. 109–58, title XIV, § 1402, Aug. 8, 2005, 119 Stat. 1061.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 1061
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.
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