- This new Act, with overwhelming, bipartisan support, could soon be enforced on a per-state basis
- 100MW+ data centers would have to pay for new power generation and grid infrastructure
- Public Citizen says the bill doesn't address other "consumer and community impacts"
With energy consumption now one of the most hotly debated topics surrounding new data center development, new rules could be set to come into play to force developers to pay for grid upgrades without pushing the impact onto local citizens.
The Ratepayer Protection Act, which passed on September 16 with 417 votes (and just three against it) would apply to medium and large campuses with peak demands of 100MW+.
Impacted developments could end up having to foot the bill for new electricity generation capacity as well as the transmission and distribution infrastructure that goes along with it.
US data centers could soon be required to pay for grid upgrades
We also know that new projects can be years in the making, from initial ideation all the way through to construction and a go-live date, but under the proposed bill, operators would have to pay for the upgrades regardless of whether they pull out or stop buying grid power.
However crucially, it's unlikely to be a blanket action that affects every region equally, because state regulators would need to consider adopting the rules on a more local basis.
What this overwhelming, bipartisan support also confirms is that data centers have become a major political discussion, with US midterm elections just around the corner and citizens increasingly worried about rising utility bills.
The Ratepayer Protection Act comes after the White House announced the Ratepayer Protection Pledge, which set out similar plans. President Trump called on major hyperscalers to "build, bring, or buy the new generation resources and electricity needed."
The difference is that the Pledge would be a voluntary move by data center operators, whereas an enforced Bill would make it a legal requirement.
Still, consumer rights org Public Citizen has criticized the Act for not going far enough. "While a federal mandate forcing states to consider such a step provides opportunities for advocates to press for consumer protections, there are a myriad of other consumer and community impacts from data centers unaddressed in this bill," Energy Program director Tyson Slocum wrote (via Reuters).
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