[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 381 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 381

 To clarify congressional approval of certain State energy production 
                             tax practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

 Mr. Gillmor introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To clarify congressional approval of certain State energy production 
                             tax practices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENERGY PRODUCTION INCENTIVES.

    (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--
            (1) 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,
            (2) electricity from a renewable source such as wind, 
        solar, or biomass, or
            (3) ethanol.

SEC. 2. EFFECT ON INTERSTATE COMMERCE.

    Any action taken by a State in accordance with this Act 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.
                                 <all>