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42 U.S.C. § 16491Energy 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

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(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.)

history & why it existsrecord from the source credit
  • 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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