Sec. 1402. ENERGY PRODUCTION INCENTIVES
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## SEC. 1402 ENERGY PRODUCTION INCENTIVES **[**[42 U.S.C. 16491](/us/usc/t42/s16491)**]** ###
(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 the date of the enactment of this Act 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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Sec. 1402
ENERGY PRODUCTION INCENTIVES
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