Section 1 Recognition of State determinations
Section 210(m) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a–3(m)) is amended—
by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (8), respectively;
by inserting after paragraph (2) the following:
“(3) State Determination—After the date of enactment of this paragraph, no electric utility shall be required to enter into a new contract or obligation to purchase electric energy from a qualifying cogeneration facility or a qualifying small power production facility under this section if the State regulatory agency having ratemaking authority over the electric utility has determined that the electric utility has no need to acquire additional generation resources in order to meet its obligation to serve customers in the public interest.”
in paragraph (4) (as so redesignated)—
in the second sentence, by striking “of this subsection”; and
by inserting “or in paragraph (3)” after “paragraph (1)” each place it appears; and
in paragraph (5) (as so redesignated)—
in the first sentence, by striking “paragraph (3)” and inserting “paragraph (4)”;
in the second sentence, by striking “of this subsection”; and
by inserting “or in paragraph (3)” after “paragraph (1)” each place it appears.