40 U.S.C. § 591 Purchase of Electricity

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(a) GENERAL LIMITATION ON USE OF AMOUNTS.-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-

(1) state utility commission rulings; and

(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.

(b) EXCEPTIONS.-

(1) ENERGY SAVINGS.-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 ).

(2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.-This section does not preclude the Secretary of a military department from-

(A) entering into a contract under section 2394 ¹ of title 10; or

(B) 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.