This bill amends existing laws to establish regulations specifically for data centers, defined as facilities with a projected or actual electric demand of fifty megawatts (50 MW) or greater. It introduces a new section in Chapter 39-1 of the General Laws, which mandates that any costs reasonably attributable to the planning, construction, expansion, operation, or maintenance of electric generation, transmission, or distribution facilities necessary to serve a data center must be borne exclusively by that data center. Additionally, it prohibits the recovery of these costs from residential customers or from commercial customers that are not data centers. The Public Utilities Commission is tasked with creating one or more dedicated rate classes, tariffs, contracts, or other cost recovery mechanisms applicable to data centers to ensure compliance with these requirements.

Furthermore, the bill adds a new chapter to Title 46 regarding water use disclosure for data centers. It requires each data center to annually submit a report to the Department of Environmental Management detailing their average daily water withdrawal, peak daily water withdrawal, cooling technologies utilized, and water recycling or reuse practices. The director of the department may also require data centers to submit a water efficiency, conservation, or recycling plan as a condition for any permit issued under this title. Additionally, the director may require financial assurance to ensure site restoration in the event of abandonment or cessation of operations.

The bill emphasizes the need for consultation between the energy facility siting board and the Public Utilities Commission regarding ratepayer impacts and electric cost allocation for applications involving electric generation, transmission, or distribution facilities intended to serve a data center. The energy facility siting board may condition approval of such applications upon a showing that the applicant has obtained approval from the Public Utilities Commission for rates, tariffs, contracts, or other mechanisms ensuring compliance with the new regulations.

Statutes affected:
7331: 42-98-7