,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #aejb  ,,in ,,the ,,house ,,of  
,,representatives  ,march #e1 #bjai,mr4 
,walberg 7for himself1 ,mr4 ,gianforte1 
and ,mr4 ,mitchell7 introduced the      
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to modernize the ,public    
,utility ,regulatory ,policies ,act of  
#aigh1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,,purpa ,modernization ,act of      
#bjai4  #b4 ,location of small power    
production facilities  7a7 ,rebuttable  
presumption ,the ,federal ,energy       
,regulatory ,commission shall1 not later
 than #ahj days after the date of       
enactment of this ,act1 publish in the  
,federal ,register a final rule amending
 its regulations implementing section   
#c7ag77;,a77ii7 of the ,federal ,power  
,act 7#af ,u4,s4,c4 #gif7ag77;,a77ii771 
regarding the method for determining    
whether facilities are considered to be 
located at the same site as the facility

 for which qualification is sought for  
the purpose of calculating power        
production capacity1 to provide a       
rebuttable presumption that--  7#a7     
facilities located one mile or more away
 from each other are not located at the 
same site2 and  7#b7 facilities located 
within one mile of each other are       
located at the same site4  7b7          
,overcoming the presumption  7#a7 ,in   
general ,except as provided in paragraph
 7#c71 the ,commission shall allow any  
person 7as defined in section #che4ajb  
of title #ah1 ,code of ,federal         
,regulations1 as in effect on the date  
of enactment of this ,act7 to rebut the 
presumption described in subsection 7a74
  7#b7 ,factors to be considered ,in    
determining whether a facility is       
considered to be located at the same    
site as the facility for which          
qualification is sought1 the ,commission
 shall take into account1 to the extent 
practicable1 the following factors3     
7,a7 ,the extent to which the owners or 

operators of the facilities are         
affiliated or associated with each      
other1 or are under the control of the  
same company or person4  7,b7 ,the      
extent to which the owners or operators 
of the facilities have treated the      
facilities as a single project for      
purposes of other regulatory filings or 
applications4  7,c7 ,whether the        
facilities use the same energy resource4
  7,d7 ,whether the facilities have a   
common generator lead line or connect at
 the same or nearby interconnection     
points or substations4  7,e7 ,the extent
 to which the owners or operators of the
 facilities have a common land lease or 
land rights with respect to land on     
which the facilities are located4  7,f7 
,the extent to which the owners or      
operators of the facilities have common 
financing with respect to the           
facilities4  7,g7 ,the extent to which  
the facilities are part of a common     
development plan or permitting effort1  
even if the interconnection of the      

facilities occurs at separate points4   
7#c7 ,exception ,paragraphs 7#a7 and    
7#b7 shall not apply with respect to a  
facility that1 as of the date of        
enactment of this ,act--  7,a7 produces 
both electric energy and useful thermal 
energy2 and  7,b7 on a million ,british 
thermal unit basis1 uses at least #hj   
percent of its total annual aggregate   
net output of electric energy and useful
 thermal energy for onsite industrial1  
commercial1 or institutional purposes1  
rather than for sale4  7c7 ,affiliation 
and association ,the ,commission shall  
consider the owners or operators of     
facilities to be affiliated or          
associated for purposes of this section 
if they are affiliates or associate     
companies within the meaning of those   
terms as defined in section #abfb of the
 ,public ,utility ,holding ,company ,act
 of #bjje 7#db ,u4,s4,c4 #afdea74  7d7  
,control ,the ,commission shall consider
 the owner or operator of a facility to 
be under the control of a company or    

person for purposes of this section if--
  7#a7 the company or person directly or
 indirectly owns1 controls1 or holds1   
with power to vote1 #aj percent or more 
of the outstanding voting securities of 
the owner or operator2 or  7#b7 the     
,commission determines1 after notice and
 opportunity for hearing1 that the      
company or person exercises1 directly or
 indirectly 7either alone or pursuant to
 an arrangement or understanding with   
one or more companies or persons71 a    
controlling influence over the          
management of the owner or operator4    
#c4 ,nondiscriminatory access ,section  
#baj7m7 of the ,public ,utility         
,regulatory ,policies ,act of #aigh 7#af
 ,u4,s4,c4 #hbd;a-#c7m77 is amended by  
adding at the end the following3  7#h7  
,nondiscriminatory access  7,a7 ,in     
general ,for purposes of this           
subsection1 except as provided in       
subparagraph 7,b71 a qualifying small   
power production facility with an       
installed generation capacity of #b4e   

megawatts or greater is presumed to have
 nondiscriminatory access to            
transmission and interconnection        
services and wholesale markets described
 in subparagraphs 7,a71 7,b71 or 7,c7 of
 paragraph 7#a74  7,b7 ,exception       
,subparagraph 7,a7 does not apply to a  
qualifying small power production       
facility that1 as of the date of        
enactment of this paragraph--  7i7      
produces both electric energy and useful
 thermal energy2 and  7ii7 on a million 
,british thermal unit basis1 uses at    
least #hj percent of its total annual   
aggregate net output of electric energy 
and useful thermal energy for onsite    
industrial1 commercial1 or institutional
 purposes1 rather than for sale4  4  #d4
 ,recognition of ,state or local        
determinations ,section #baj7m7 of the  
,public ,utility ,regulatory ,policies  
,act of #aigh 7#af ,u4,s4,c4            
#hbd;a-#c7m771 as amended by section #c1
 is further amended by adding at the end
 the following3  7#i7 ,state or local   

determination ,after the date of        
enactment of this paragraph1 no electric
 utility shall be required to enter into
 a new contract or obligation to        
purchase electric energy under this     
section from a qualifying small power   
production facility that is not a       
qualifying small power production       
facility described in paragraph         
7#h77;,b7 if the appropriate ,state     
regulatory agency or non-regulated      
electric utility finds1 and submits to  
the ,commission a written determination1
 that--  7,a7 the electric utility has  
no need to purchase electric energy from
 such qualifying small power production 
facility in the amounts to be offered   
within the timeframe proposed by the    
qualifying small power production       
facility1 consistent with the needs for 
electric energy and the timeframe for   
those needs as specified in an electric 
utility's integrated resource plan1 in  
order to meet its obligation to serve   
customers2 or  7,b7 the electric utility

 employs integrated resource planning   
and conducts a competitive resource     
procurement process for long-term energy
 resources that provides an opportunity 
for qualifying small power production   
facilities to supply electric energy to 
the electric utility in accordance with 
the integrated resource plan of the     
electric utility4  4