House Bill 1063 (COMMITTEE SUBSTITUTE)
By: Representatives Thomas of the 21st, Burns of the 159th, Cannon of the 172nd, Donatucci
of the 105th, Hilton of the 48th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated,
relating to generation and distribution of electricity generally, so as to require electric utilities
to protect residential and retail electricity customers from costs associated with data center
construction and operation; to require certain contract terms and conditions; to provide for
an applicability date; to provide for enforcement; to provide for definitions; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to
generation and distribution of electricity generally, is amended by adding a new part to read
as follows:
<ins>"Part 6
46-3-80.
As used in this part, the term 'data center' means a facility, campus of facilities, or array of
interconnected facilities used by an entity or other business enterprise to operate, manage,
or maintain a computer, group of computers, or other organized assembly of hardware and
software for the primary purpose of processing, storing, retrieving, or transmitting data and
that have a peak annual electricity demand of 100 megawatts or greater.
46-3-81.
Each contract between an electric utility and a data center for the provision of electric
service shall include terms and conditions designed to protect residential and retail
electricity customers from costs associated with data center construction and operation,
including, but not limited to, the following:
(1) Minimum billing requirements designed to recover incremental costs associated with
serving or preparing to serve a data center;
(2) A contract term that may exceed the length of the applicable service tariff;
(3) Performance and credit provisions designed to protect retail customers in the event
of contract default; and
(4) Termination provisions designed to protect retail customers in the event of
termination of the contract for electric service.
46-3-82.
The provisions of this part shall only apply to agreements between an electric utility and
a data center entered into on or after the effective date of this Act.
</ins>
<ins>46-3-83.
Pursuant to the commission's jurisdictional authority under Code Section 46-2-20, the
commission shall make determinations related to compliance with this Code section."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.