S.Amdt. 3147

SA 3147. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and

[[Page S429]]

for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title II, add the following:

SEC. 23__. RECOGNITION OF STATE OR LOCAL DETERMINATIONS.

Section 210(m) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 824a-3(m)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (2) the following:
``(3) State or local determination.--
``(A) In general.--After the date of enactment of the
Energy Policy Modernization Act of 2016, no electric utility
shall be required to enter into a new contract or legally
enforceable obligation to purchase electric energy from a
qualifying small power production facility that produces
electric energy solely by the use, as a primary energy
source, of a resource other than waste and water, under this
section if the State regulatory agency (with respect to each
electric utility for which the State regulatory authority has
ratemaking authority) or the nonregulated electric utility
has determined that the electric utility has no need to
acquire additional generation resources in order to meet the
obligation of the electric utility to serve customers in the
public interest.
``(B) Reassessment.--Not later than 3 years after the date
of a determination under subparagraph (A) and every 3 years
thereafter, the State regulatory agency (with respect to each
electric utility for which the State regulatory authority has
ratemaking authority) or the nonregulated electric utility
shall reassess the determination under that subparagraph.'';
(3) in paragraph (4) (as so redesignated)--
(A) in the second sentence, by striking ``of this
subsection''; and
(B) by inserting ``or in paragraph (3)'' after ``paragraph
(1)'' each place it appears; and
(4) in paragraph (5) (as so redesignated)--
(A) in the first sentence, by striking ``paragraph (3)''
and inserting ``paragraph (4)'';
(B) in the second sentence, by striking ``of this
subsection''; and
(C) by inserting ``or in paragraph (3)'' after ``paragraph
(1)'' each place it appears.
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