S 9182 changesEnacts the stop subsidizing data centers act

What changed

+160 / −37 words · LargeConfidence: high

This version lowers the regulatory threshold for data center oversight by reducing the electricity capacity trigger from 50 to 20 megawatts across multiple provisions. The revised definition of 'data center' now includes detailed technical specifications, ownership criteria, and activity classifications tied to federal NAICS codes, establishing a comprehensive scope for facilities meeting the 20-megawatt threshold on single or commonly-controlled sites. The bill mandates that the department serve as lead agency for environmental review at this lower threshold and requires environmental impact statements for any data center within ten miles of federally recognized Indian nation territory, including mandatory consultation with affected tribes. The changes also incorporate procedural updates reflecting the bill's progression through the legislative process and remove inadvertent drafting language.

Change log

• SECTION 1 > (a)

  modifiedhigh confidence

  Technical/conforming change

  This section removes boilerplate legislative text that was inadvertently included in the middle of a sentence. The deletion consists of standard bill drafting notation that did not belong in the substantive statutory language.

• PREAMBLE

  modifiedhigh confidence

  Technical/conforming change

  This section reflects procedural updates to the bill tracking information. The bill version number was updated from 9182-A to 9182-B, Senator Skoufis was added as a co-sponsor, and the procedural history was updated to reflect an additional committee discharge, amendment, and reprinting cycle. These changes do not alter the substantive content of the proposed legislation.

• SECTION 1

  modifiedhigh confidence

  Expands definition of 'data center' to include 20+ megawatt facilities with detailed technical and ownership criteria

  This section replaces a brief definition of 'data center' with a comprehensive definition that includes physical infrastructure specifications (buildings, equipment, server racks) and establishes a 20-megawatt electricity threshold. The new definition covers facilities on single or connected sites owned or operated by the same entity or commonly controlled entities, regardless of single- or multi-occupancy. It also ties the definition to specific activities (data processing, storage, transport, web hosting, streaming support) and references NAICS code 518210 from the 2022 classification system.

• SECTION 1 > (h)

  modifiedhigh confidence

  Technical/conforming change

  This section adds standard legislative formatting notation (explanation key and bill number) between subsection (h) and the subsequent section 4. The substantive prohibition on economic power allocation for data centers remains unchanged.

• SECTION 1 > (ii)

  modifiedhigh confidence

  Lowers mandatory lead agency threshold from 50 to 20 megawatts; adds data center EIS requirement near tribal lands

  The department must serve as mandatory lead agency for environmental review of projects consuming over 20 megawatts during normal operations, reduced from 50 megawatts. The bill also creates a new requirement that an environmental impact statement must be prepared for any data center action located within ten miles of federally recognized Indian nation territory. Applicants must consult with the affected Indian nation and include their comments in the environmental impact statement.