,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #ifee  ,,in ,,the ,,house ,,of  
,,representatives  ,july #ac1 #bjbf,mr4 
,riley of ,new ,york 7for himself and   
,mr4 ,van ,drew7 introduced the         
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to amend the ,public        
,utility ,regulatory ,policies ,act of  
#aigh to add a standard prohibiting the 
recovery of costs associated with data  
centers by certain electric utilities1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,fair ,allocation of ,infrastructure    
,responsibility for ,data ,act or the   
,,fair ,data ,act4  #b4 ,,purpa standard
 for recovery of costs associated with  
covered data centers  7a7 ,in general   
,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 ,costs associated with
 covered data centers  7,a7 ,cost       

recovery relating to covered data       
centers ,no covered utility may recover 
from residential or small business      
electric consumers1 including through   
rates charged by such covered utility   
for providing electric service1 any     
costs of the covered utility associated 
with covered data centers1 including any
 costs associated with any upgrade made 
to the generation1 transmission1 or     
distribution facilities of the electric 
grid in order to meet the demand for    
electric energy from covered data       
centers4  7,b7 ,definitions ,in this    
paragraph3  7i7 ,covered utility ,the   
term covered utility means a ,state     
regulated electric utility that is      
investor owned4  7ii7 ,covered data     
center ,the term covered data center    
means a facility1 or an aggregation of  
facilities at a single site1 with       
respect to which the peak demand of such
 facility or such aggregation of        
facilities exceeds #ge megawatts1 that  
primarily contain electronic equipment  

used to process1 store1 transmit1 or    
host digital information and the        
electrical1 mechanical1 and             
environmental control equipment to      
maintain the proper conditions for the  
operation of electronic equipment4  4   
7b7 ,conforming amendments  7#a7        
,consideration and determination        
,section #aaa7;a7 of the ,public        
,utility ,regulatory ,policies ,act of  
#aigh 7#af ,u4,s4,c4 #bfba7;a77 is      
amended by striking ,each ,state and    
inserting ,except as otherwise provided 
in this section1 each ,state4  7#b7     
,obligations to consider and determine  
,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  
#f months after the date of enactment of
 this paragraph1 each ,state regulatory 
authority 7with respect to each covered 
utility 7as defined in paragraph 7#bb7  
of section #aaa7;d77 for which the      

,state has ratemaking authority7 shall  
commence consideration under section    
#aaa1 or set a hearing date for         
consideration1 with respect to the      
standard established by such paragraph  
7#bb7 of section #aaa7;d74  7,b7 ,not   
later than #a year after the date of    
enactment of this paragraph1 each ,state
 regulatory authority 7with respect to  
each covered utility 7as defined in     
paragraph 7#bb7 of section #aaa7;d77 for
 which the ,state has ratemaking        
authority7 shall complete the           
consideration and make the determination
 under section #aaa with respect to the 
standard established by such paragraph  
7#bb7 of section #aaa7;d74  2  7,b7 in  
subsection 7c7--  7i7 by striking       
subsection 7b77#b7 and inserting        
subsection 7b72 and  7ii7 by inserting  
,each ,state regulatory authority 7with 
respect to each covered utility 7as     
defined in paragraph 7#bb7 of section   
#aaa7;d77 for which it has ratemaking   
authority7 shall undertake the          

consideration1 and make the             
determination1 referred to in section   
#aaa with respect to the standard       
established by paragraph 7#bb7 of       
section #aaa7;d7 in the first rate      
proceeding commenced after the date     
three years after the date of enactment 
of this sentence respecting the rates of
 such covered utility if such ,state    
regulatory authority has not1 before    
such date1 complied with subsection 7b7 
with respect to such standard4 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 a       
covered utility 7as defined in paragraph
 7#bb7 of section #aaa7;d77 in a ,state 
if1 before the date of enactment of this
 subsection--  7#a7 the ,state has      
implemented for the covered utility the 
standard 7or a comparable standard72    
7#b7 the ,state regulatory authority for

 the ,state has conducted a proceeding  
to consider implementation of the       
standard 7or a comparable standard7 for 
the covered utility2 or  7#c7 the ,state
 legislature has voted on the           
implementation of the standard 7or a    
comparable standard7 for the covered    
utility during the #c-year period ending
 on that date of enactment4  4  7#c7    
,prior and pending proceedings ,section 
#abd of the ,public ,utility ,regulatory
 ,policies ,act of #aigh 7#af ,u4,s4,c4 
#bfcd7 is amended by inserting ,for     
purposes of subtitle ,a and ,b1 and this
 subtitle1 proceedings commenced by     
,state regulatory authorities 7with     
respect to covered utilities 7as defined
 in paragraph 7#bb7 of section #aaa7;d77
 for which it has ratemaking authority7 
before the date of the enactment of this
 sentence and actions taken before such 
date in such proceedings shall be       
treated as complying with the           
requirements of subtitles ,a and ,b1 and
 this subtitle1 if such proceedings and 

actions substantially conform to such   
requirements4 ,for purposes of subtitles
 ,a and ,b1 and this subtitle1 any such 
proceeding or action commenced before   
the date of enactment of this sentence1 
but not completed before such date1     
shall comply with the requirements of   
subtitles ,a and ,b1 and this subtitle1 
to the maximum extent practicable1 with 
respect to so much of such proceeding or
 action as takes place after such date1 
except as otherwise provided in section 
#aba7;c74 after paragraph 7#ba744  #c4  
,conditions on ,,doe funding and ,,ferc 
annual report  7a7 ,funding conditions  
,notwithstanding any other provision of 
law1 a ,state regulatory authority may  
not receive funds provided by the       
,secretary for administrative or        
technical assistance unless the ,state  
regulatory authority submits to the     
,secretary1 with respect to that fiscal 
year1 a certification that-- 7#a7 costs 
associated with covered data centers1   
including costs for any upgrade made to 

the generation1 transmission1 or        
distribution facilities of the electric 
grid in order to meet the demand for    
electric energy from covered data       
centers1 will not be recovered through  
increased rates for residential or small
 business electric consumers2 and  7#b7 
the ,state regulatory authority has     
required each owner or operator of a    
covered data center that claimed in its 
permit applications or other statements 
regarding construction and operation of 
the covered data center that the        
operation of the covered data center    
would decrease utility bills of         
residential and small business electric 
consumers in the applicable community to
 provide such ,state regulatory         
authority an annual report on the actual
 cost savings for residential and small 
business electric consumers in the      
applicable community4  7b7 ,report ,not 
later than ,september #cj of the fiscal 
year in which this ,act is enacted1 and 
every ,september #cj thereafter1 the    

,federal ,energy ,regulatory ,commission
 shall submit to ,congress a report on  
the impact of covered data center       
demands on residential and small        
business electricity rates and grid     
reliability4  7c7 ,definitions ,in this 
section3 7#a7 ,electric consumer ,the   
term electric consumer has the meaning  
given such term in section #c of the    
,public ,utility ,regulatory ,policies  
,act of #aigh 7#af ,u4,s4,c4 #bfjb74    
7#b7 ,covered data center ,the term     
covered data center means a facility1 or
 an aggregation of facilities at a      
single site1 with respect to which the  
peak demand of such facility or such    
aggregation of facilities exceeds #ge   
megawatts1 that primarily contain       
electronic equipment used to process1   
store1 transmit1 or host digital        
information and the electrical1         
mechanical1 and environmental control   
equipment to maintain the proper        
conditions for the operation of         
electronic equipment4  7#c7 ,secretary  

,the term ,secretary means the          
,secretary of ,energy4  7#d7 ,state     
regulatory authority ,the term ,state   
regulatory authority has the meaning    
given such term in section #c of the    
,public ,utility ,regulatory ,policies  
,act of #aigh 7#af ,u4,s4,c4 #bfjb74