[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Pages S428-S429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______