25 LC 55 0460S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to SB 34:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the1
Public Service Commission, so as to prohibit certain costs incurred by an electric utility as2
a result of providing electric services to commercial data centers from being included in any3
rates or charges of such electric utility unless such rates or charges are designed to recover4
such costs solely from such commercial data centers or are prorated based on electric5
demand; to provide for a definition; to provide for related matters; to provide for an effective6
date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public10
Service Commission, is amended by adding a new Code section to read as follows:11
"46-2-25.4.12
(a) Notwithstanding the provisions of Code Section 46-3-11, no costs incurred by an13
electric utility, including, but not limited to, costs associated with increased fuel14
requirements, generation costs, and transmission costs that:15
(1) Are related to the provision of electric services to commercial data centers; and16
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(2) Would not have been incurred but for the electric demand of such commercial data17
centers,18
shall be included in any rates or charges approved or allowed to go into effect under Code19
Section 46-2-25 or 46-2-26 unless such rates or charges are designed to recover such costs20
solely from commercial data centers or are prorated based on electric demand.21
(b) As used in this Code section, the term 'commercial data center' means a facility,22
campus of facilities, or array of interconnected facilities in this state that is used by an23
entity or other business enterprise to operate, manage, or maintain a computer, group of24
computers, or other organized assembly of hardware and software for the primary purpose25
of processing, storing, retrieving, or transmitting data and that has a peak demand of 10026
megawatts or greater."27
SECTION 2.28
This Act shall become effective upon its approval by the Governor or upon its becoming law29
without such approval.30
SECTION 3.31
All laws and parts of laws in conflict with this Act are repealed.32
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