Reps. PACE and CROMER propose the following Amendment No. to H.5126 as introduced by Ways & Means

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EXPLANATION: Prohibits Public Service Commission from approving special utility rates for data centers

Amend the bill, as and if amended, Part IB, Section 72, PUBLIC SERVICE COMMISSION, page 448, after line 21, by adding an appropriately numbered proviso to read:

/(PSC: Data Center Utility Rates) (A) For the current fiscal year, no funds appropriated or authorized to the Public Service Commission may be expended to approve a plan, rate schedule, tariff, rider, or other authorization for:

(1) a special or discounted utility rate for which the principal purpose is to provide preferential pricing for a Data Center; or

(2) any agreement or contract for which the principal purpose is to provide electrical or water utility service to a Data Center at a rate lower than the standard applicable rate for the relevant customer class.

(B) For purposes of this proviso:

(1) "Data Center" means a facility for which the principal purpose is to house a network of computer servers and associated components used for the remote storage, processing, or distribution of large amounts of data, including facilities used for high-density computing or artificial intelligence processing.

(2) "Special or discounted utility rate" means any rate, tariff, or rider that provides a financial benefit or cost reduction not generally available to all other customers within the same industrial or commercial service class.

(3) "Standard applicable rate" means the cost-of-service based rate approved by the commission for the customer's specific load profile without the application of economic development incentives or discretionary discounts./

Renumber sections to conform.

Amend totals and titles to conform.