Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
50 lines
2.2 KiB
Markdown
50 lines
2.2 KiB
Markdown
---
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type: "LegalText"
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title: "42 U.S.C. § 16491"
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description: "Energy production incentives"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 42
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_number: "149"
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chapter_name: "NATIONAL ENERGY POLICY AND PROGRAMS"
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section: "16491"
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citation: "42 U.S.C. § 16491"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
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source_identifier: "/us/usc/t42/s16491"
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source_file: "data/legal/raw/us/code/title-42/usc42.xml"
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source_hash: "c96f931c4007178dce14dc66129bc7ee9ed1a48726846ffaed7dd249c62822ba"
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raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
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text_hash: "965d46f98dad54c35b8d63d3de7bce8b638943dc382fecd73e21b8dfcbeba79f"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 42 U.S.C. § 16491 - Energy production incentives
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## Text
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(a) In general A State may provide to any entity—
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(1) a credit against any tax or fee owed to the State under a State law, or
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(2) any other tax incentive,
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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.
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(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.
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(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—
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(1) be considered to be a reasonable regulation of commerce; and
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(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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(Pub. L. 109–58, title XIV, § 1402, Aug. 8, 2005, 119 Stat. 1061.)
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