- New prohibition on cost recovery (adds G.S. § 62‑159.3)
- Defines “commercial data center” as a facility (or campus/array of facilities) primarily used to process/store/transmit data with a peak electrical demand of 100 megawatts (MW) or greater.
- Prohibits inclusion in utility rates or charges of any costs that:
- Are related to providing electric service for commercial data centers, and
- May be reasonably attributed (in whole or in part) to the electric demand of such data centers.
Exception: utilities may recover these costs if they are charged exclusively to the data centers that cause them (i.e., billed directly to those facilities), or if charges are prorated based on electric demand. In short: the law blocks shifting data-center-specific grid or generation costs onto the general customer base.
Creation of the Special Commission for Data Center Planning
Establishes a temporary, 14‑member Commission to review grid and energy issues related to data center deployment and to make recommendations.
Membership (total 14): Governor (3 appointments — two from investor‑owned utilities, one from an electric membership corporation); President Pro Tempore (1); Speaker of the House (2); House minority leader (1); Senate minority leader (1); two representatives from the NC Utilities Commission or their designees; Secretary of Commerce (2 or designees); Secretary of Health and Human Services (2 or designees).
Duties include: reviewing grid and supply adequacy, recommending optimal data‑center locations (considering fiber, water, labor, latency), recommending grid capacity and generation/transmission/distribution expansions, investigating demand‑management approaches (variable load, on‑site generation, backup), examining future industry trends (e.g., AI impacts), surveying employers about capacity perceptions, and proposing legislation and budget recommendations.
Powers: request information from state agencies, enter contracts, hold public hearings, subpoena attendance/testimony/records as needed for its work.
Operations: quorum is a majority; the Commission must submit a written report to the Governor, legislative leaders, and the NC Utilities Commission within three months after its last meeting.
Sunset: the Commission expires and is abolished on June 30, 2027.