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42 U.S.C. § 16491

Title 42 Chapter 149 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 16491. Energy production incentives

  • (a) 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,
  • (b) 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) 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.

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