,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #ajcbb  ,,in ,,the ,,house ,,of 
,,representatives  ,september #h1       
#bjbf,mr4 ,subramanyam introduced the   
following bill2 which was referred to   
the ,committee on ,energy and ,commerce1
 and in addition to the ,committee on   
,transportation and ,infrastructure1 for
 a period to be subsequently determined 
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,to     
amend the ,public ,utility ,regulatory  
,policies ,act of #aigh to establish    
,federal standards relating to the      
recovery of the full1 incremental costs 
of upgrades that serve large-load       
customers1 and to withhold highway funds
 from ,states that do not implement such
 standards1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,data ,center ,fair ,share ,act4   
#b4 ,federal standards relating to      
large-load customers  7a7 ,federal      

standards relating to large-,load       
customers ,section #aaa7;d7 of the      
,public ,utility ,regulatory ,policies  
,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 
is amended by adding at the end the     
following3  7#bb7  ,standards for       
large-load customers  7,a7  ,recovery of
 full1 incremental cost of upgrades  ,a 
rate charged1 or entered into1 by an    
electric utility for providing electric 
service to a large-load customer shall  
be designed to recover from the         
large-load customer the full1           
incremental costs of any generation1    
transmission1 or distribution upgrade   
necessary to serve the load of such     
large-load customer1 including in the   
event of such large-load customer       
terminating a contract or other         
agreement with the electric utility     
pertaining to the sale of electric      
energy1 or otherwise ceasing the        
purchase of electric energy from the    
electric utility4  7,b7  ,contribution  
or assignment of costs for upgrades     

,before an electric utility makes any   
generation1 transmission1 or            
distribution upgrade that is necessary  
to serve the load of a large-load       
customer1 or a group of large-load      
customers1 the electric utility shall-- 
7i7 require the large-load customer1 or 
the group of large-load customers1 to   
cover the full costs of such upgrade    
through a contribution in aid of        
construction2 or  7ii7 assign the full  
costs of such upgrade to a class of     
large-load customers4  7,c7  ,large-load
 customer defined  ,in this paragraph1  
the term large-load customer means a    
non-residential electric consumer that1 
on or after the date of the enactment of
 this paragraph1 requests to enter into1
 or enters into1 a contract or other    
agreement pertaining to the sale of     
electric energy for one or more         
facilities that have1 in the aggregate1 
a peak electric demand of #ajj megawatts
 or more at a single site or campus4  4 
7b7 ,conforming amendments ,section #aab

 of the ,public ,utility ,regulatory    
,policies ,act of #aigh 7#af ,u4,s4,c4  
#bfbb7 is amended-- 7#a7 in subsection  
7b71 by adding at the end the following3
  7#i7  7,a7 ,not later than #a year    
after the date of enactment of this     
paragraph1 each ,state regulatory       
authority 7with respect to each electric
 utility for which the ,state has       
ratemaking authority7 and each          
nonregulated electric utility shall     
commence consideration under section    
#aaa1 or set a hearing date for         
consideration1 with respect to the      
standard established by paragraph 7#bb7 
of section #aaa7;d74  7,b7 ,not later   
than #b years after the date of         
enactment of this paragraph1 each ,state
 regulatory authority 7with respect to  
each electric utility for which the     
,state has ratemaking authority7 and    
each nonregulated electric utility shall
 complete the consideration and make the
 determination under section #aaa with  
respect to the standard established by  

paragraph 7#bb7 of section #aaa7;d74  2 
7#b7 in subsection 7c7-- 7,a7 by        
striking subsection 7b77#b7 and         
inserting subsection 7b72 and  7,b7 by  
inserting ,in the case of the standard  
established by paragraph 7#bb7 of       
section #aaa7;d71 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 7#bb74 after
 paragraph 7#ba742 and  7#c7 by adding  
at the end the following3  7i7 ,other   
prior state actions ,subsections 7b7 and
 7c7 shall not apply to the standard    
established by paragraph 7#bb7 of       
section #aaa7;d7 in the case of any     
electric utility in a ,state if1 before 
the date of enactment of this           
subsection-- 7#a7 the ,state has        
implemented for the electric utility the
 standard 7or a comparable standard72 or
  7#b7 the ,state legislature has voted 
on the implementation of the standard   
7or a comparable standard7 for the      

electric utility4  4  #c4 ,withholding  
of highway funds for failure to adopt   
,federal standard relating to large-load
 customer  7a7 ,in general ,chapter #a  
of title #bc1 ,united ,states ,code1 is 
amended by adding at the end the        
following3  #ahj4 ,federal standards    
relating to large-load customer ,the    
,secretary shall withhold #ajj per      
centum of the amount required to be     
apportioned to any ,state under section 
#ajd7;b7 on the first day of each fiscal
 year after the first fiscal year       
beginning after the date of enactment of
 this section1 in which the ,state has  
not implemented the standards under     
section #aaa7;d77#bb7 of the ,public    
,utility ,regulatory ,policies ,act of  
#aigh4  4  7b7 ,clerical amendment ,the 
analysis for chapter #a of title #bc1   
,united ,states ,code1 is amended by    
adding at the end the following3  #ahj4 
,federal standard relating to large-load
 customer4  4