[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10322 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10322
To amend the Public Utility Regulatory Policies Act of 1978 to
establish Federal standards relating to the recovery of the full,
incremental costs of upgrades that serve large-load customers, and to
withhold highway funds from States that do not implement such
standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2026
Mr. Subramanyam introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committee
on Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to
establish Federal standards relating to the recovery of the full,
incremental costs of upgrades that serve large-load customers, and to
withhold highway funds from States that do not implement such
standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Center Fair Share Act''.
SEC. 2. FEDERAL STANDARDS RELATING TO LARGE-LOAD CUSTOMERS.
(a) Federal Standards Relating to Large-Load Customers.--Section
111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)) is amended by adding at the end the following:
``(22) Standards for large-load customers.--
``(A) Recovery of full, incremental cost of
upgrades.--A rate charged, or entered into, by an
electric utility for providing electric service to a
large-load customer shall be designed to recover from
the large-load customer the full, incremental costs of
any generation, transmission, or distribution upgrade
necessary to serve the load of such large-load
customer, including in the event of such large-load
customer terminating a contract or other agreement with
the electric utility pertaining to the sale of electric
energy, or otherwise ceasing the purchase of electric
energy from the electric utility.
``(B) Contribution or assignment of costs for
upgrades.--Before an electric utility makes any
generation, transmission, or distribution upgrade that
is necessary to serve the load of a large-load
customer, or a group of large-load customers, the
electric utility shall--
``(i) require the large-load customer, or
the group of large-load customers, to cover the
full costs of such upgrade through a
contribution in aid of construction; or
``(ii) assign the full costs of such
upgrade to a class of large-load customers.
``(C) Large-load customer defined.--In this
paragraph, the term `large-load customer' means a non-
residential electric consumer that, on or after the
date of the enactment of this paragraph, requests to
enter into, or enters into, a contract or other
agreement pertaining to the sale of electric energy for
one or more facilities that have, in the aggregate, a
peak electric demand of 100 megawatts or more at a
single site or campus.''.
(b) Conforming Amendments.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended--
(1) in subsection (b), by adding at the end the following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (22) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority) and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (22) of section 111(d).'';
(2) in subsection (c)--
(A) by striking ``subsection (b)(2)'' and inserting
``subsection (b)''; and
(B) by inserting ``In the case of the standard
established by paragraph (22) of section 111(d), the
reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference
to the date of enactment of that paragraph (22).''
after ``paragraph (21).''; and
(3) by adding at the end the following:
``(i) Other Prior State Actions.--Subsections (b) and (c) shall not
apply to the standard established by paragraph (22) of section 111(d)
in the case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard); or
``(2) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
SEC. 3. WITHHOLDING OF HIGHWAY FUNDS FOR FAILURE TO ADOPT FEDERAL
STANDARD RELATING TO LARGE-LOAD CUSTOMER.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 180. Federal standards relating to large-load customer
``The Secretary shall withhold 100 per centum of the amount
required to be apportioned to any State under section 104(b) on the
first day of each fiscal year after the first fiscal year beginning
after the date of enactment of this section, in which the State has not
implemented the standards under section 111(d)(22) of the Public
Utility Regulatory Policies Act of 1978.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``180. Federal standard relating to large-load customer.''.
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