40 U.S.C. § 591 — Purchase of electricity
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 179 words · no verdicts yet
Federal entities generally may not use federal money to buy electricity in a way that conflicts with state utility law, including state rulings and service territories. The section preserves specified energy-savings and military-defense exceptions.
(a) General limitation on use of amounts. A federal department, agency, or instrumentality may not use money appropriated or made available by law to buy electricity in a way that conflicts with state law governing electric-utility service. This includes (1) state utility-commission rulings and (2) electric-utility franchises or service territories created by state statute, state regulation, or state-approved territorial agreements.
(b) Exceptions.
(1) Energy savings. This section does not stop the head of a federal agency from making a contract under 42 U.S.C. § 8287.
(2) Energy savings for military installations. This section does not stop the Secretary of a military department from (A) making a contract under 10 U.S.C. § 2394 or (B) buying electricity from any provider if the Secretary finds that the utility with the applicable state-approved franchise or other service authorization cannot or will not meet unusual service-reliability standards needed for national defense.
A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—
state utility commission rulings; and
electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).
This section does not preclude the Secretary of a military department from—
entering into a contract under section 2394 1 of title 10; or
purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1118
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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