No Harm Data Centers Act
Sponsored By: Representative Landsman, Greg [D-OH-1]
Introduced
Summary
This bill would ensure data centers pay the full electric grid costs they impose. It would let the Federal Energy Regulatory Commission authorize or approve retail electricity rates to data centers and require those rates to cover the full costs of transmission, distribution, and generation needed to serve them.
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- Households and other utility customers: Limits cost-shifting by prohibiting a covered electric utility from passing data-center interconnection and generation costs onto other retail customers.
- Data center operators: Would make data centers subject to retail rates that must include full construction and upgrade costs and could take effect 90 days after enactment.
- Covered electric utilities: Defines a narrow set of "covered electric utilities" and excludes electric cooperatives, state or local government utilities, the Tennessee Valley Authority, and federal power marketing administrations.
- Regulators and enforcement: Adds civil penalties up to $10,000,000 per day for violations tied to the data-center provisions and expands penalty authorities in the Federal Power Act.
- Public officials and construction claims: Makes predispute nondisclosure clauses unenforceable against public officials for construction claims while preserving compatible state law requirements.
- Environmental and public health oversight: Requires the Environmental Protection Agency to contract with the National Academies to study noise, pollution, water use, carbon emissions, and electronic waste impacts and to deliver mitigation recommendations and a report within 180 days.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
FERC to set data center rates
This bill would give the Federal Energy Regulatory Commission (FERC) authority to approve retail electricity rates for data centers. That authority would begin 90 days after enactment. Any rate approved would have to be just and reasonable and include the full costs of building, upgrading, and expanding transmission or distribution facilities to interconnect data centers and to ensure reliability during higher demand. Rates would also have to include the full costs of building or upgrading generating facilities to support reliability during increased data-center demand. The bill would bar covered electric utilities from shifting those specific costs onto retail customers other than data centers. It would define which sellers are covered and would exclude electric cooperatives, state or local utilities, the Tennessee Valley Authority, and federal power marketing administrations. Violations could carry civil penalties of up to $10,000,000 per day.
Ban nondisclosure clauses against officials
If enacted, this bill would make predispute nondisclosure clauses tied to data-center construction claims unenforceable against public officials. The rule would apply to claims filed under Federal, State, or Tribal law on or after enactment. It would not supersede State law except to the extent a State law prevents this section from applying.
Study data center environmental impacts
This bill would require the EPA Administrator to seek an agreement with the National Academies to assess data centers' effects on noise, air and water pollution, water use, carbon emissions, and electronic waste. The Academies would develop mitigation recommendations and report to the House Committee on Energy and Commerce and the Senate Committee on Environment and Public Works within 180 days of enactment.
Sponsors & CoSponsors
Sponsor
Landsman, Greg [D-OH-1]
OH • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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