HB1063: HB1063 Electric utilities; protect residential and retail electricity customers from costs associated with data center construction and operation; require

26 LC 60 0283S 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 Cod e of Georgia Annotated,1 relating to generation and distribution of electricity generally, so as to require electric utilities2 to protect residential and retail electricity customers from costs associated with data center3 construction and operation; to require certain contract terms and conditions; to provide for4 an applicability date; to provide for enforcement; to provide for definitions; to provide for5 related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 1 of Chapter 3 of Title 46 of the Official Code of Geor gia Annotated, relating to9 generation and distribution of electricity generally, is amended by adding a new part to read10 as follows:11 H. B. 1063 (SUB) - 1 - 26 LC 60 0283S "Part 612 46-3-80.13 As used in this part, the term 'data center' means a facility, campus of facilities, or array of14 interconnected facilities used by an entity or other business enterprise to operate, manage,15 or maintain a computer, group of computers, or other organized assembly of hardware and16 software for the primary purpose of processing, storing, retrieving, or transmitting data and17 that have a peak annual electricity demand of 100 megawatts or greater.18 46-3-81.19 Each contract between an electric utility and a data center for the provision of electric20 service shall include terms and conditions designed to protect residential and retail21 electricity customers from costs associated with data center co nstruction and operation,22 including, but not limited to, the following:23 (1) Minimum billing requirements designed to recover incremental costs associated with24 serving or preparing to serve a data center;25 (2) A contract term that may exceed the length of the applicable service tariff;26 (3) Performance and credit provisions designed to protect retail customers in the event27 of contract default; and28 (4) Termination provisions designed to protect retail customer s in the event of29 termination of the contract for electric service.30 46-3-82.31 The provisions of this part shall only apply to agreements between an electric utility and32 a data center entered into on or after the effective date of this Act.33 H. B. 1063 (SUB) - 2 - 26 LC 60 0283S 46-3-83.34 Pursuant to the commission's jurisdictional authority under Cod e Section 46-2-20, the35 commission shall make determinations related to compliance with this Code section."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 1063 (SUB) - 3 -