Amendment ID: S3143-5

Amendment 5

Data Center Energy Costs

Mr. Moore moves that the proposed new text be amended by inserting after section __ the following sections:-

SECTION __. Chapter 164 as so appearing is hereby further amended by adding the following section:-

Section 163. (a) As used in this section, “data center” shall mean a facility that is designed to have a load of not less than 20 megawatts and whose primary purpose is the storage, management and processing of digital data via the interconnection and operation of information technology and network telecommunications equipment, including all related facilities and infrastructure for backup electricity generation, power distribution, environmental control, cooling and security.

(b) Any new or expanded data center seeking any permit from the department or the energy facilities siting board shall procure sufficient electricity supply to meet their operational needs using not less than 90 per cent renewable energy resources.

(c) Any new or expanded data center seeking any permit from the department of environmental protection for operation of fossil-fuel generation equipment as backup source of power shall first demonstrate infeasibility of battery energy storage facilities on their site.

(d) Each electric company shall file an application with the department to establish a tariff for the provision of electricity to data centers. The tariff shall be designed to: (i) ensure that non-data center ratepayers are protected from any increased costs that result from increased electricity demand caused by data centers; and (ii) incentivize data centers to develop and utilize methods to increase energy efficiency, including through the use of technologies that capture and utilize the heat produced by the data centers.

(e) The department shall review each application submitted pursuant to this section and shall approve the application if it determines that it complies with the requirements of this section and all other applicable laws, rules and regulations.

SECTION __. (a) Not later than 1 year after the effective date of this act, all electric companies, as defined in section 1 of chapter 164 of the General Laws, shall apply the tariff developed pursuant to section 163 of said chapter 164 to each data center within the electric company’s service area.

(b) Not later than 180 days after the effective date of this act, each electric company shall file an application with the department of public utilities to establish a tariff for the provision of electricity to data centers pursuant to said section 163 of said chapter 164.