Summary — A9039 (Print No. A9039A)
Title: Establishes the "Accountability of Costs for Data Centers Act"
Status: Print No. 9039A (amended and recommitted to Energy)
Introduced: September 5, 2025
Committee: Energy
Primary sponsor: Didi Barrett; Co‑sponsors include Sarahana Shrestha, William Magnarelli, John T. McDonald III, Dana Levenberg, Chris Burdick, William Conrad, Donna Lupardo, David Weprin, Yudelka Tapia, Anna Kelles, Paula Kay, Sarah Clark
Companion bill: S8540
Note: The legislative text was not provided in the materials you supplied. The summary below describes (A) the bill’s stated intent as implied by its title, (B) typical provisions such a bill would include, and (C) concrete procedural information known from the bill record. For precise operative language and requirements, consult the official A9039A text (Print No. 9039A) and companion S8540.
Purpose / Intent
The bill’s title — “Accountability of Costs for Data Centers Act” — indicates an aim to ensure that costs associated with data center development and operations (for example, energy system costs, infrastructure burden, and public fiscal impacts) are identified, allocated, and made transparent so that taxpayers and ratepayers are not unduly burdened by private data center projects. The bill likely seeks to increase fiscal and regulatory accountability tied to data center siting, energy use, and public subsidies/incentives.
Key provisions likely included (based on title and common legislative approaches)
Because the text was not available, these are commonly adopted measures under similar proposals and are likely components of A9039A:
- Cost allocation and reimbursement requirements: Require data center developers to pay or reimburse utilities/localities for incremental transmission/distribution upgrades, demand‑management costs, or other system upgrades attributable to the facility.
- Transparency and reporting: Mandate disclosure of expected and actual energy consumption, peak demand, tax incentives, PILOTs (payments in lieu of taxes), and any utility or state subsidies tied to the project.
- Regulatory oversight: Give the Public Service Commission (or state/local energy authority) authority to review cost responsibility and approve cost‑recovery mechanisms.
- Local impact protections: Require local governments to be notified and compensated for public services/ infrastructure strain (roads, water, emergency services).
- Conditions on incentives: Tie state or local financial incentives, abatements, or tax benefits to meeting accountability, reporting, or cost‑sharing requirements.
- Environmental/energy‑planning coordination: Require coordination with state energy plans, grid reliability studies, and demand‑response strategies.
Who would be affected
- Data center developers/operators (new or expanded facilities) — would face new disclosure, cost‑sharing, or reimbursement obligations.
- Electric utilities and ratepayers — potential changes to how grid upgrade costs are allocated; could reduce unrecognized cost shifts to general ratepayers.
- Local governments — gain information, possible reimbursement for infrastructure and services, and strengthened negotiation leverage.
- State agencies/regulators (Energy/PSC) — added responsibilities for review, oversight, and enforcement.
Procedural / Timeline notes
- Introduced: 2025‑09‑05 and referred to the Energy Committee.
- On 2025‑10‑22 the bill was amended and recommitted to the Energy Committee and printed as A9039A (indicating at least one amendment package).
- Companion legislation filed in the Senate: S8540.
Next steps / Where to find the bill text
- To evaluate exact duties, penalties, thresholds, definitions (e.g., what qualifies as a “data center”), and enforcement provisions, review the official Print No. A9039A and companion S8540 on the New York State Legislative Retrieval System or the Assembly/Sponsor web pages.
