Section 362-A:8 - Payment Obligations; Public UtilitiesI.The purpose of this section is to codify existing law on regulatory obligations of public utilities for the purchase, pursuant to applicable federal and state law and commission orders, of energy or energy and capacity from qualifying small power producers and qualifying cogenerators.II.(a) Energy or energy and capacity provided by qualifying small power producers and qualifying cogenerators under commission orders or negotiated power purchase contracts are part of the energy mix relied on by the commission to serve the present and future energy needs of the state. The rates established in orders by the commission for the purchase of energy or energy and capacity from qualifying small power producers and qualifying cogenerators under this chapter or under applicable federal law exist under the legislative and regulatory authority of the state and shall be deemed a state approved legally enforceable obligation.(b) The commission shall, in all decisions affecting qualifying small power producers and qualifying cogenerators, consider the following factors in its decisions: (1) The economic impact upon the state, including, but not limited to, job loss or creation through the utilization of indigenous fuels for electric generation.(2) The community impact including, but not limited to, property tax payments and job creation.(3) Enhanced energy security by utilizing mixed energy sources, including indigenous and renewable electrical energy production.(4) Potential environmental and health-related impacts.(5) The impact on electric rates.III.The invalidity of any part of this section shall not destroy the section as a whole if its general purpose can be accomplished, notwithstanding any such invalidity. 1988, 174:1. 1994, 362:3. 1998, 261:9, eff. Aug. 25, 1998.