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Code · BILL · 119th Congress · H.R. 8241 (Introduced in House) — To promote the creation of data center load queues and data center-specific rate classes to mitigate the impact of da... · Sec. 6

Sec. 6. Data center-specific rate classes

805 words·~4 min read·/bill/119/hr/8241/ih/section-6

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Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: In this paragraph, the terms data center , data center owner or operator , and load interconnection request have the meanings given those terms in section 3 of the Power for the People Act of 2026 . Each State in which at least 1 data center is located or has been proposed via load interconnection request, legal filing, or public announcement shall consider— establishing a rate class specific to data centers to ensure that data center owners and operators are covering the full cost of the generation, transmission, and distribution upgrades necessary to serve data centers; and including as requirements for the data center rate class, in addition to any other potential requirements the State chooses to examine— minimum demand charges for data center owners and operators based on requested peak electricity demand if the monthly usage of a data center is less than its requested demand to ensure that ratepayers are not paying increased costs for generation and transmission built to serve data centers; an extension of minimum utility contract lengths for data center customers to ensure that data center load does not leave utilities and ratepayers with stranded costs; an increase in up-front interconnection study costs, deposit amounts, or collateral requirements for data center projects to ensure that the interconnection queue is not slowed down by projects that are unlikely to come to fruition; permissible load ramp periods for data centers that allow data center customers to start service with a lower-than-requested capacity and gradually increase their power demand over a period of multiple years to reach their full requested capacity, subject to the condition that flexible load interconnection pursuant to this subclause does not undermine grid reliability; a clean transition tariff that allows data center customers to financially support novel zero-emissions energy technologies to meet their electricity demand in cooperation with intermediaries, such as a utility company; and the use of contribution in aid of construction (commonly referred to as CIAC ) as a tool to have the data center customer pay upfront for the utility investment determined to be the responsibility of that data center. .
Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended— in paragraph (8), by indenting subparagraph
(B)appropriately; and by adding at the end the following: Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph
(22)of section 111(d). Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph
(22)of section 111(d). . Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of the standard established by paragraph
(22)of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended— in subsection (h), in the subsection heading, by striking ; and Other by adding at the end the following: Subsections
(b)and
(c)shall not apply to the standard established by paragraph
(22)of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— the State has implemented the standard (or a comparable standard) for the electric utility; the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility. . Section 124 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2634 ) is amended by adding at the end the following: In the case of the standard established by paragraph
(22)of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). .
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Sec. 6
Data center-specific rate classes
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