H.R. 10322 — Data Center Fair Share Act

This section establishes a new federal standard requiring electric utilities to design rates for large-load customers—non-residential consumers requesting or entering contracts for facilities with 100 megawatts or more peak demand at a single site or campus—to recover the full incremental costs of any necessary generation, transmission, or distribution upgrades, including after contract termination. It requires utilities to obtain full cost recovery through a contribution in aid of construction or assignment to the large-load customer class before making upgrades. It directs state regulatory authorities and nonregulated utilities to commence consideration of the standard within one year of enactment and complete a determination within two years, while exempting utilities in states that have already implemented a comparable standard or voted on one.

This section withholds 100 percent of a state's apportioned highway funds under section 104(b) of title 23, United States Code, beginning the first day of each fiscal year after the first fiscal year that begins after enactment, if the state has not implemented federal standards relating to large-load customers under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.