S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6394
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law, the public authorities law and
   the energy law, in relation to regulation  of  energy  consumption  by
   data centers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 the "New York state sustainable data centers act".
   §  2. Legislative intent and findings. The legislature finds that data
 centers are significant energy and water consumers and contribute to air
 and water pollution. The expansion and operation of data centers  across
 the state impairs New York state's ability to achieve the benchmarks set
 out  in the state's climate goals due to their significant use of energy
 and water  and  significant  emissions  of  greenhouse  gases  generated
 through the power needs of their operation. Given the growing demand for
 the  construction  of  data centers, there is a critical need to improve
 the energy efficiency of data centers and reduce their  energy  consump-
 tion,  water  consumption,  and reliance on fossil fuels.  Additionally,
 where renewable energy is used to power  data  centers,  this  act  will
 ensure  that  such  energy is being used responsibly, with the interests
 and health of the public in mind, especially concerning  power  purchase
 agreements  between  utility companies and data center operators as they
 may not directly reduce emissions tied to the data center.
   § 3. The public service law is amended by adding a new article  12  to
 read as follows:
                                ARTICLE 12
               REGULATION OF DATA CENTER ENERGY CONSUMPTION
 SECTION 240. DEFINITIONS.
         241. DATA CENTER DISCLOSURE REPORTS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09616-04-5
              

 S. 6394                             2
 
         242. PUBLIC ENGAGEMENT.
         243. ANNUAL DATA CENTER DISCLOSURE REPORT UPDATES.
   § 240. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "CUSTOMER"  SHALL MEAN A HOMEOWNER OR TENANT RECEIVING ELECTRICITY
 OR NATURAL GAS AS A RETAIL CUSTOMER.
   2. "DATA CENTER" SHALL MEAN: (A) A STRUCTURE, GROUP OF STRUCTURES,  OR
 INFRASTRUCTURE  WITHIN  AN  EXISTING  STRUCTURE FOR THE CENTRAL HOUSING,
 INTERCONNECTION AND OPERATION  OF  INFORMATION  TECHNOLOGY  AND  NETWORK
 TELECOMMUNICATIONS  EQUIPMENT  FOR  THE  PROVISION OF DATA STORAGE, DATA
 PROCESSING, OR DATA TRANSPORT SERVICES; AND (B) ALL  RELATED  FACILITIES
 AND  INFRASTRUCTURE FOR POWER DISTRIBUTION, ENVIRONMENTAL CONTROL, COOL-
 ING AND SECURITY REQUIRED TO DELIVER THE DESIRED SERVICE WITH RESPECT TO
 THE SPECIFIC DATA CENTER.
   3. "DATA CENTER OPERATOR" SHALL MEAN WHOEVER IS EITHER  THE  OWNER  OF
 THE  DATA  CENTER  OR  HAS  COMPARABLE RIGHTS OF USE OVER A DATA CENTER,
 INCLUDING ANY PERSON OR ENTITY  RESPONSIBLE  FOR  ALLOCATING  SPACE  FOR
 EXTERNAL  USE  OF  INFORMATION TECHNOLOGY AND NETWORK TELECOMMUNICATIONS
 EQUIPMENT WITHIN A DATA CENTER.
   4. "DATA CENTER DISCLOSURE REPORT" SHALL MEAN THAT REPORT  WHICH  DATA
 CENTER  OPERATORS MUST SUBMIT TO THE COMMISSION PRIOR TO CONSTRUCTION OF
 A DATA CENTER, AS REQUIRED BY SECTION  TWO  HUNDRED  FORTY-ONE  OF  THIS
 ARTICLE.
   5. "DISADVANTAGED COMMUNITIES" SHALL MEAN: (A) AREAS BURDENED BY CUMU-
 LATIVE  ENVIRONMENTAL POLLUTION AND OTHER HAZARDS THAT CAN LEAD TO NEGA-
 TIVE PUBLIC HEALTH EFFECTS; (B) AREAS WITH CONCENTRATIONS OF PEOPLE THAT
 ARE OF LOW INCOME, HIGH UNEMPLOYMENT, HIGH RENT BURDEN,  LOW  LEVELS  OF
 HOME  OWNERSHIP,  LOW  LEVELS  OF  EDUCATIONAL ATTAINMENT, OR MEMBERS OF
 GROUPS THAT HAVE HISTORICALLY EXPERIENCED DISCRIMINATION ON THE BASIS OF
 RACE OR ETHNICITY; AND (C) AREAS VULNERABLE TO THE  IMPACTS  OF  CLIMATE
 CHANGE SUCH AS FLOODING, STORM SURGES, AND URBAN HEAT ISLAND EFFECTS.
   6.   "EMPLOYEE" SHALL MEAN AN INDIVIDUAL WHO PERFORMS SERVICES FOR AND
 UNDER THE CONTROL AND DIRECTION OF AN EMPLOYER FOR WAGES OR OTHER REMUN-
 ERATION, OR NATURAL PERSONS EMPLOYED AS INDEPENDENT CONTRACTORS TO CARRY
 OUT WORK IN FURTHERANCE OF AN EMPLOYER'S BUSINESS ENTERPRISE WHO ARE NOT
 THEMSELVES EMPLOYERS.
   7. "GREENHOUSE GAS" SHALL MEAN CARBON DIOXIDE, CARBON MONOXIDE,  METH-
 ANE,  NITROUS OXIDE, HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAF-
 LUORIDE, AND ANY OTHER SUBSTANCE  EMITTED  INTO  THE  AIR  THAT  MAY  BE
 REASONABLY  ANTICIPATED  TO CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE
 CHANGE.
   8. "HOST COMMUNITY" SHALL MEAN ANY MUNICIPALITY WITHIN  WHICH  A  DATA
 CENTER,  OR  ANY  PORTION  THEREOF,  HAS  BEEN DEVELOPED OR PROPOSED FOR
 DEVELOPMENT.
   9. "NEGATIVE IMPACT" SHALL MEAN ANY INCREASE IN GREENHOUSE  GAS  EMIS-
 SIONS,  NOISE  POLLUTION, CONCENTRATION OF PARTICULATES BEING INTRODUCED
 INTO AIR, NATURAL AND DRINKING WATER, OR ANY  OTHER  FORM  OF  POLLUTION
 THAT WOULD DECREASE THE QUALITY OF LIFE IN A HOST COMMUNITY.
   10.  "POWER PURCHASE AGREEMENT" SHALL MEAN THE AGREEMENTS BETWEEN DATA
 CENTER OPERATORS AND A UTILITY PROVIDER WHERE DATA CENTER OPERATORS  BUY
 AN  AMOUNT  OF EITHER RENEWABLE OR NON-RENEWABLE ENERGY OUTPUT FROM THAT
 POWER PLANT.
   11. "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS "RENEWABLE ENER-
 GY SYSTEMS" AS DEFINED IN SECTION SIXTY-SIX-P OF THIS CHAPTER.
   12. "UTILITY PROVIDER" SHALL HAVE THE SAME MEANING AS "UTILITY  COMPA-
 NY" AS DEFINED IN SECTION TWO OF THIS CHAPTER.
 S. 6394                             3
 
   13. "BILL CREDIT" MEANS A MONTHLY MONETARY CREDIT WHICH IS FUNDED BY A
 DATA CENTER OPERATOR AS FURTHER DETERMINED BY THE COMMISSION AND APPEARS
 ON  THE UTILITY BILL OF A LOW INCOME OR MODERATE INCOME CUSTOMER LOCATED
 IN THIS STATE.
   § 241. DATA CENTER DISCLOSURE REPORTS.  WHERE A PLANNED DATA CENTER IS
 PROJECTED  TO HAVE THE CAPACITY TO CONSUME FIVE OR MORE MEGAWATTS AT ANY
 GIVEN MOMENT, A DATA CENTER OPERATOR SHALL SUBMIT A DATA CENTER  DISCLO-
 SURE  REPORT  TO  THE  COMMISSION  PRIOR  TO COMMENCING ANY CONSTRUCTION
 ACTIVITIES RELATED TO A DATA CENTER. THE REPORT SHALL BE  MADE  PUBLICLY
 AVAILABLE VIA THE COMMISSION'S WEBSITE AND CONTAIN DATA INCLUDING:
   1. BASIC INFORMATION
   (A)  THE  HOST COMMUNITY OR COMMUNITIES IN WHICH THE DATA CENTER SHALL
 BE LOCATED; AND
   (B) THE ORGANIZATION OF THE PLANNED DATA CENTER AS A  SINGLE  OPERATOR
 ENTERPRISE  OR MANAGED DATA CENTER, COLOCATION FACILITY, HYPERSCALE DATA
 CENTER, MICRO DATA CENTER, OR A CONTAINER OR MODULAR DATA CENTER.
   2. LABOR
   THE NUMBER OF FULL-TIME AND PART-TIME EMPLOYEES THE DATA CENTER OPERA-
 TOR INTENDS TO EMPLOY AT THE PLANNED DATA CENTER AND RELEVANT DEMOGRAPH-
 IC INFORMATION INCLUDING BUT NOT LIMITED TO:
   (A) THE EDUCATION LEVELS OF THE EMPLOYEES INTENDED TO BE  EMPLOYED  AT
 THE PLANNED DATA CENTER, WITH PERCENTAGES INCLUDED FOR HIGHEST EDUCATION
 ACHIEVED  INCLUDING  HIGH SCHOOL DIPLOMA, ASSOCIATE'S DEGREE, BACHELOR'S
 DEGREE, AND HIGHER LEVEL OF EDUCATION; AND
   (B) THE PROJECTED PERCENTAGE OF EMPLOYEES RESIDING IN THE HOST  COMMU-
 NITY OR COMMUNITIES.
   3. PROJECTED ENERGY USAGES
   (A) THE PROJECTED MEAN ENERGY USAGE OF THE PLANNED DATA CENTER PER DAY
 MEASURED  IN  KILOWATT-HOURS  AND  RELATED INFORMATION INCLUDING BUT NOT
 LIMITED TO:
   (I) THE PROJECTED TYPE OF ENERGY BEING USED  THAT  IS  NEITHER  FOSSIL
 FUEL NOR RENEWABLE ENERGY, WHERE APPLICABLE;
   (II) THE FORMS OF RENEWABLE ENERGY EXPECTED TO BE UTILIZED; AND
   (III)  THE  PROJECTED  PERCENTAGE OF ENERGY USAGE THAT IS FOSSIL FUEL,
 RENEWABLE ENERGY, AND NEITHER RENEWABLE ENERGY NOR FOSSIL FUEL WHERE THE
 DATA CENTER IS OPERATING AT PEAK;
   (B)  THE PROJECTED MEAN AMOUNT OF ENERGY USAGE PER HOUR OF THE PLANNED
 DATA CENTER DURING PEAK LOAD MEASURED IN KILOWATT-HOURS AND  ANTICIPATED
 FREQUENCY OF PEAK LOAD PER WEEK;
   (C)  THE  PROJECTED  ANNUAL  AMOUNT  OF  CARBON  EMISSIONS EQUIVALENTS
 PRODUCED TO POWER THE FACILITY, INCLUDING OFF-SITE  EMISSIONS,  MEASURED
 IN METRIC TONS;
   (D)  THE  PROJECTED ANNUAL AMOUNT OF WASTE HEAT PRODUCED ON-SITE MEAS-
 URED IN BRITISH THERMAL UNITS;
   (E) THE PROJECTED PERCENTAGE OF THE ANNUAL AMOUNT OF  RECOVERED  WASTE
 HEAT THAT WAS TRANSFORMED INTO ENERGY TO POWER THE DATA CENTER; AND
   (F)  THE  INTENDED  USE FOR RECOVERED WASTE HEAT TO INCLUDE BUT NOT BE
 LIMITED TO GENERAL BUILDING HEATING,  COOLING  SYSTEMS,  COOLANT  SYSTEM
 SPECIFICALLY FOR THE CAPTURE OF WASTE HEAT FROM PROCESSORS.
   4. PROJECTED WATER INTAKE AND WATER USAGE
   ONLY  WHERE  A  PLANNED  DATA  CENTER IS REQUIRED TO OBTAIN AND HOLD A
 WATER WITHDRAWAL PERMIT, THE DATA CENTER OPERATOR SHALL REPORT:
   (A) AMOUNT OF WATER PROJECTED TO BE USED ANNUALLY MEASURED IN  GALLONS
 AND HOW THAT WATER SHALL BE USED IN THE PLANNED DATA CENTER; AND
   (B)  MEAN  AMOUNT  OF  WATER  EXPECTED  TO  BE  USED DAILY MEASURED IN
 GALLONS.
 S. 6394                             4
 
   5. PROJECTED WATER POLLUTION
   WHERE  A  PLANNED  DATA  CENTER IS REQUIRED TO OBTAIN AND HOLD A WATER
 WITHDRAWAL PERMIT, THE DATA CENTER OPERATOR SHALL REPORT:
   (A) ANNUAL PROJECTED AMOUNT OF WATER BEING DEPOSITED INTO THE ENVIRON-
 MENT MEASURED IN GALLONS; AND
   (B) HOW WATER BEING REINTRODUCED INTO THE ENVIRONMENT WILL BE TREATED,
 IF AT ALL, TO REMOVE POLLUTANTS AND/OR TO WHAT EXTENT WATER  TEMPERATURE
 WILL BE ADJUSTED, IF AT ALL, BEFORE BEING REINTRODUCED INTO THE ENVIRON-
 MENT.
   6. ADDITIONAL DISCLOSURES
   THE  COMMISSION  MAY  PROMULGATE  RULES REQUIRING ADDITIONAL POINTS OF
 DISCLOSURE, AS APPROPRIATE.
   § 242. PUBLIC ENGAGEMENT. THE  COMMISSION  SHALL  PUBLICIZE  THE  DATA
 DISCLOSURE  REPORT  ON  ITS  WEBSITE  WITHIN  TEN DAYS OF RECEIVING SUCH
 REPORT. THE DATA CENTER OPERATOR SHALL HOLD AT LEAST TWO PUBLIC HEARINGS
 WITHIN SIXTY DAYS AFTER SUBMITTING ITS DATA CENTER DISCLOSURE REPORT  TO
 THE  COMMISSION.  AT  LEAST  ONE OF THE TWO PUBLIC HEARINGS MUST BE HELD
 WITHIN THE HOST COMMUNITY WHERE THE DATA CENTER OPERATOR PLANS TO CREATE
 ITS DATA CENTER.  THE DATA CENTER OPERATOR SHALL PROVIDE ADVANCE  NOTICE
 TO RESIDENTS OF SUCH HOST COMMUNITY OF SUCH PUBLIC HEARINGS. SUCH NOTICE
 SHALL  INCLUDE  THE TIME, PLACE, AND LOCATION OF SUCH PUBLIC HEARINGS, A
 SUMMARY OF THE PROPOSED DATA CENTER PROJECT, AND THE  SPECIFIC  LOCATION
 OF THE PLANNED DATA CENTER. METHODS OF PROVIDING NOTICE TO A HOST COMMU-
 NITY  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, COVERAGE IN ANY PRINT
 OR DIGITAL PUBLICATION PRODUCED BY LOCAL, COMMUNITY, AND  ETHNIC  MEDIA.
 DURING  A  PUBLIC  HEARING  CONDUCTED PURSUANT TO THIS SECTION, THE DATA
 CENTER OPERATOR MUST EXPLICITLY DISCLOSE AND PRESENT ITS  FINDING  UNDER
 SECTION  TWO  HUNDRED  FORTY-THREE  OF THIS ARTICLE IN CLEAR AND CONCISE
 LANGUAGE COMPREHENSIBLE FOR MEMBERS OF THE PUBLIC IN GENERAL.  IT  SHALL
 ALSO  ADDRESS THE EFFORTS IT WILL MAKE TO REDUCE ANY NEGATIVE IMPACTS TO
 THE HOST COMMUNITY AND ITS ENVIRONMENT THAT THE PLANNED DATA CENTER  MAY
 CAUSE.
   § 243. ANNUAL  DATA  CENTER DISCLOSURE REPORT UPDATES.  1. DATA CENTER
 OPERATORS SHALL SUBMIT AN ANNUAL DATA DISCLOSURE REPORT TO  THE  COMMIS-
 SION, WHICH THE COMMISSION SHALL POST ON ITS WEBSITE. DATA CENTER OPERA-
 TORS  SHALL  INCLUDE ALL CHANGES TO THE DISCLOSURES REQUIRED PURSUANT TO
 SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE FROM  YEAR-TO-YEAR.  ADDI-
 TIONALLY, ANNUAL REPORTS SHALL INCLUDE BUT NOT BE LIMITED TO INFORMATION
 REGARDING THE DATA CENTER OPERATOR'S EFFORTS TOWARD GREATER ENERGY EFFI-
 CIENCY  AND  OVERALL  SUSTAINABILITY THAT YEAR.   SUCH FINDINGS SHALL BE
 DRAFTED IN CLEAR AND CONCISE LANGUAGE READILY COMPREHENSIBLE FOR MEMBERS
 OF THE GENERAL PUBLIC. THE COMMISSION SHALL PUBLICLY POST THE REPORT  ON
 THE COMMISSION'S WEBSITE WITHIN FIFTEEN DAYS OF RECEIPT.
   2. SPECIFICALLY, DATA CENTER OPERATORS SHALL REPORT:
   (A) EFFORTS MADE TO REDUCE ENERGY CONSUMPTION WITHIN THE PAST YEAR;
   (B)  A  COMPARISON  OF  THE  YEAR'S  ENERGY CONSUMPTION TO THE INITIAL
 PROJECTED AMOUNTS OUTLINED IN SUBDIVISION THREE OF SECTION  TWO  HUNDRED
 FORTY-ONE  OF  THIS ARTICLE, AND, FOLLOWING THE FIRST YEAR, A COMPARISON
 TO THE YEAR BEFORE, EXPRESSED IN BRITISH THERMAL UNITS;
   (C) A PROJECTION FOR ENERGY USAGE FOR THE NEXT  YEAR,  DISCLOSING  THE
 SAME INFORMATION AS REQUIRED BY SUBDIVISION THREE OF SECTION TWO HUNDRED
 FORTY-ONE OF THIS ARTICLE;
   (D)  EFFORTS  MADE  TO REDUCE FOSSIL FUEL CONSUMPTION AND INCREASE THE
 PERCENTAGE OF ENERGY USE FROM RENEWABLE ENERGY  WITHIN  THE  PAST  YEAR,
 WITH A COMPARISON OF THE YEAR'S FOSSIL FUEL CONSUMPTION TO THE PROJECTED
 S. 6394                             5
 
 AMOUNT,  AND, FOLLOWING THE FIRST YEAR, A COMPARISON TO THE YEAR BEFORE,
 EXPRESSED IN TERAWATT-HOURS;
   (E) EFFORTS MADE TO REDUCE WATER CONSUMPTION WITHIN THE PAST YEAR;
   (F)  FOR  DATA  CENTERS  THAT  ARE REQUIRED TO HAVE A WATER WITHDRAWAL
 PERMIT, A COMPARISON OF THE YEAR'S WATER USAGE TO THE PROJECTED  AMOUNT,
 AND,  FOLLOWING  THE  FIRST  YEAR,  A  COMPARISON  TO  THE  YEAR BEFORE,
 EXPRESSED IN GALLONS;
   (G) FOR DATA CENTERS THAT ARE REQUIRED  TO  HAVE  A  WATER  WITHDRAWAL
 PERMIT,  A  PROJECTION FOR WATER USAGE FOR THE NEXT YEAR, DISCLOSING THE
 SAME INFORMATION AS REQUIRED BY SUBDIVISION FOUR OF SECTION TWO  HUNDRED
 FORTY-ONE OF THIS ARTICLE;
   (H)  EFFORTS  MADE TO PROTECT THE ENVIRONMENT AND PUBLIC FROM POLLUTED
 WATER IN THE PAST YEAR  ACCOMPANIED  BY  MEASUREMENTS  OF  ACTUAL  WATER
 POLLUTION EXPRESSED IN MILLIGRAMS PER LITER;
   (I)  EFFORTS MADE TO REDUCE WASTE HEAT AND UTILIZE WASTE HEAT TO POWER
 THE DATA CENTER ACCOMPANIED BY MEASUREMENTS OF ACTUAL HEAT WASTE  EXPUL-
 SION AND REUSE, MEASURED IN BRITISH THERMAL UNITS; AND
   (J)  PERCENTAGE  OF  DATA  CENTER  EMPLOYEES THAT LIVE WITHIN THE HOST
 COMMUNITY.
   3. IF A DATA CENTER OPERATOR IS NO LONGER IN COMPLIANCE WITH  SECTIONS
 TWO  HUNDRED  FORTY-ONE AND TWO HUNDRED FORTY-THREE OF THIS ARTICLE, THE
 COMMISSION SHALL NOTIFY THE DATA CENTER OPERATOR. THE DATA CENTER OPERA-
 TOR SHALL HAVE SIXTY DAYS TO CURE SUCH VIOLATION. IF SUCH VIOLATION  HAS
 NOT  BEEN  CURED  AFTER SIXTY DAYS, SUCH DATA CENTER SHALL BE SUBJECT TO
 FINES OF UP TO TEN THOUSAND DOLLARS BASED ON THE SEVERITY AND EXTENT  OF
 THE VIOLATION AND SHALL BE ASSESSED ANOTHER TEN THOUSAND DOLLAR FINE FOR
 EVERY  DAY  THEY  ARE  LATE  IN  COMPLYING WITH SUCH SECTIONS. ALL FUNDS
 COLLECTED UNDER THIS ARTICLE SHALL BE DEPOSITED INTO  THE  ENVIRONMENTAL
 PROTECTION FUND ESTABLISHED BY SECTION NINETY-TWO-S OF THE STATE FINANCE
 LAW.
   §  4.  The  public  authorities law is amended by adding a new section
 1854-e to read as follows:
   § 1854-E. ENERGY CONSUMPTION EFFICIENCY GOALS. 1. NO  LATER  THAN  ONE
 YEAR  AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE AUTHORITY, IN
 CONJUNCTION WITH THE NEW YORK SYSTEM INDEPENDENT  OPERATOR,  THE  PUBLIC
 SERVICE  COMMISSION, AND THE NEW YORK STATE CLIMATE ACTION COUNCIL SHALL
 DETERMINE REASONABLE ENERGY CONSUMPTION EFFICIENCY GOALS FOR THE  DESIGN
 AND OPERATION OF DATA CENTERS AS DEFINED IN ARTICLE TWELVE OF THE PUBLIC
 SERVICE  LAW,  INCLUDING,  BUT  NOT  LIMITED TO, RECYCLING OF WASTE HEAT
 EMITTED FROM DATA CENTERS INTO AN ENERGY SOURCE. SUCH GOALS SHALL  ALIGN
 WITH  THE  BENCHMARKS  LAID OUT IN THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT AND SHALL BE REVIEWED AND  UPDATED  ACCORD-
 INGLY, ANNUALLY.
   2.  A  DATA  CENTER OPERATOR THAT HAS COMMENCED OPERATION PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION SHALL HAVE TWO YEARS TO COMPLY  WITH  THE
 ENERGY  CONSUMPTION EFFICIENCY GOALS DEVELOPED PURSUANT TO THIS SECTION.
 A DATA CENTER OPERATOR THAT HAS COMMENCED OPERATION WITHIN ONE  YEAR  OF
 THE  EFFECTIVE  DATE  OF THIS SECTION SHALL HAVE ONE YEAR TO COMPLY WITH
 SUCH ENERGY CONSUMPTION EFFICIENCY GOALS.
   § 5. The energy law is amended by adding a new article 19 to  read  as
 follows:
                                ARTICLE 19
                         POWER PURCHASE AGREEMENTS
 SECTION 19-101. FOSSIL FUEL POWER PURCHASE AGREEMENTS.
         19-103. COMMUNITY DISCOUNT PLAN.
 S. 6394                             6
 
   § 19-101. FOSSIL  FUEL  POWER  PURCHASE  AGREEMENTS. 1. POWER PURCHASE
 AGREEMENTS FOR ANY ENERGY GENERATED THROUGH THE  CONSUMPTION  OF  FOSSIL
 FUELS  SHALL NOT PROVIDE ECONOMIC INCENTIVES OR DISCOUNTS TO DATA CENTER
 OPERATORS, AS DEFINED IN ARTICLE TWELVE OF THE PUBLIC SERVICE LAW.
   2.  IN  FURTHERANCE OF THE GOALS SET OUT IN THE NEW YORK STATE CLIMATE
 LEADERSHIP AND COMMUNITY PROTECTION ACT: (A) BY TWO THOUSAND THIRTY,  AT
 LEAST  ONE-THIRD  OF  ALL  ENERGY  USED BY DATA CENTERS MUST BE PROVIDED
 THROUGH POWER PURCHASE AGREEMENTS EXCLUSIVELY FOR RENEWABLE ENERGY;  AND
 (B)  BY TWO THOUSAND THIRTY-FIVE, AT LEAST TWO-THIRDS OF ALL ENERGY USED
 BY DATA CENTERS SHALL BE  PROVIDED  THROUGH  POWER  PURCHASE  AGREEMENTS
 EXCLUSIVELY  FOR  RENEWABLE  ENERGY;  AND (C) BY TWO THOUSAND FORTY, ALL
 ENERGY USED BY DATA CENTERS SHALL BE  PROVIDED  THROUGH  POWER  PURCHASE
 AGREEMENTS EXCLUSIVELY FOR RENEWABLE ENERGY.
   § 19-103. COMMUNITY DISCOUNT PLAN. 1. THE PUBLIC SERVICE COMMISSION IS
 HEREBY AUTHORIZED AND DIRECTED, TO ESTABLISH A PROGRAM, AS SOON AS PRAC-
 TICABLE,  TO  BE  KNOWN  AS  THE COMMUNITY DISCOUNT PLAN, THAT WILL GIVE
 LOW-INCOME AND MODERATE-INCOME ELECTRIC UTILITY  RATEPAYERS  WHO  RESIDE
 WITHIN  A  HOST  COMMUNITY A BILL CREDIT, TO PROTECT AND OFFSET LOW- AND
 MODERATE-INCOME RESIDENTIAL RATEPAYERS FROM COSTS ASSOCIATED  WITH  DATA
 CENTER  CONSTRUCTION  AND  ONGOING OPERATION WITHIN SUCH HOST COMMUNITY.
 SUCH BILL CREDITS SHALL BE IN ADDITION TO  ANY  OTHER  RENEWABLE  ENERGY
 PROGRAM DISCOUNTS SUCH RATEPAYERS ARE RECEIVING.
   2.  (A)  THE  PUBLIC SERVICE COMMISSION IS AUTHORIZED AND DIRECTED, AS
 DEEMED FEASIBLE, TO ENTER INTO A CONTRACT FOR THE PURPOSE OF  IMPLEMENT-
 ING THE COMMUNITY DISCOUNT PLAN, INCLUDING BUT NOT LIMITED TO AGREEMENTS
 WITH  A  DATA CENTER OPERATOR, TO PROVIDE BILL CREDITS TO HOST COMMUNITY
 ELECTRICITY RATEPAYERS APPROVED BY THE PUBLIC SERVICE COMMISSION.
   (B) THE PUBLIC SERVICE COMMISSION SHALL ENTER INTO AN  AGREEMENT  WITH
 SUCH UTILITY OPERATOR TO ENSURE BILL CREDITS ARE REFLECTED ON LOW-INCOME
 AND MODERATE-INCOME RATEPAYERS' MONTHLY ELECTRIC UTILITY BILLS.
   (C)  THE  PUBLIC  SERVICE  COMMISSION  SHALL DETERMINE THE BILL CREDIT
 AMOUNT GIVEN TO EACH HOST COMMUNITY ELECTRICITY RATEPAYER BASED  ON  THE
 COMMISSION'S  ANALYSIS OF HOW MUCH CONSUMER RATES AND ANY OTHER DELIVERY
 CHARGES INCURRED WILL INCREASE AS A RESULT OF  A  DATA  CENTER  BECOMING
 ONLINE  WITHIN  THE HOST COMMUNITY NOT TO EXCEED TWENTY PERCENT AND THIS
 INFORMATION SHALL BE PROVIDED ON A RESIDENTIAL ELECTRIC UTILITY BILL  OF
 AN OWNER OR TENANT OF A RESIDENTIAL BUILDING FOR A PERIOD OF FIVE YEARS.
   (D)  THE  COMMUNITY DISCOUNT SHALL BE IMPLEMENTED IN THE FIRST BILLING
 CYCLE FOLLOWING THE OPENING OF A DATA CENTER IN THE HOST COMMUNITY.
   (E) THE PUBLIC SERVICE COMMISSION MAY  REQUEST  FROM  ANY  DEPARTMENT,
 DIVISION,  OFFICE,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY STATE
 PUBLIC AUTHORITY, AND THE SAME ARE AUTHORIZED TO PROVIDE,  SUCH  ASSIST-
 ANCE,  SERVICES AND DATA AS MAY BE REQUIRED BY THE AUTHORITY IN CARRYING
 OUT THE PURPOSES OF THIS SUBDIVISION.
   (F) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
 SION SHALL ISSUE A REPORT TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE ASSEM-
 BLY,  AND THE MINORITY LEADER OF THE SENATE THAT ADDRESSES THE FEASIBIL-
 ITY AND ADVISABILITY OF IMPLEMENTING THE COMMUNITY DISCOUNT PLAN.
   § 6. This act shall take effect one year after it shall have become  a
 law.