LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6337 NOTE PREPARED: Dec 4, 2024 BILL NUMBER: SB 135 BILL AMENDED: SUBJECT: Data Center Development. FIRST AUTHOR: Sen. Ford J.D. BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: Company Reports to IURC: This bill requires: (1) a person that operates a data center in Indiana to submit to the Indiana Utility Regulatory Commission (IURC) a quarterly report of the amount of electricity used by the data center in the immediately preceding quarter; and (2) the IURC to publish a summary of the reported information on the IURC's website. Local Government Reporting: The bill provides that a county, municipality, or township shall, before issuing a permit to a person for construction of a data center: (1) require the person to disclose the projected power and water usage of the facility; and (2) perform a site assessment to determine the possible effects of the data center. IURC Electricity Projections: This bill also requires the IURC to establish a working group to: (1) determine an estimate of the future electricity demands of the data center industry in Indiana; and (2) report to the General Assembly regarding the working group's findings and recommendations not later than October 31, 2025. Effective Date: Upon passage; July 1, 2025. Explanation of State Expenditures: Company Reports to IURC: This bill would increase the workload of the IURC to collect quarterly reports on data center electricity use in the state and subsequently publish this information on its website. The bill’s requirements are within the agency’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. IURC Electricity Projections: This bill’s requirement of the IURC to establish a working group to estimate future electricity demands of data centers in the state will increase the IURC’s workload in providing staff oversight for working group. Additionally, the expenses of the working group shall be paid from funds appropriated to the IURC. The IURC will pay for the mileage and travel expenses of working group members who are not state SB 135 1 employees or are state employees but not members of the General Assembly. Per diem, mileage, and travel allowances of working group members who are also members of the General Assembly will be paid from appropriations to the Legislative Council or the Legislative Services Agency. The total reimbursement expenses for the working group is dependant on how many members the chairman of the IURC appoints, and how often travel is necessary for the members that comprise the working group. The working group will have at least 6 members. Additional Information: The operating budget of the IURC is funded by regulated utilities operating in Indiana. The rate at which to bill the utilities is based on the agencies' budgets, less reversions, divided by the total amount of gross intrastate operating revenue received by the regulated utilities for the previous fiscal year. Based on this formula, utilities are currently billed approximately 0.12% of their gross intrastate operating revenues to fund the IURC. The mileage allowance is $0.49 per mile driven for lay working group members. The mileage allowance in $0.67 per mile driven for General Assembly members. Legislative per diem is currently $213. Explanation of State Revenues: Explanation of Local Expenditures: Local Government Reporting: This bill allows local governments to perform site assessments to assess possible effects of a data center on water usage, the electrical grid, carbon emissions, and agriculture. Such assessments may increase the workload and costs of their utility, sustainability, agricultural, or other related local government departments. Explanation of Local Revenues: State Agencies Affected: Indiana Utility Regulatory Commission; Legislative Services Agency Local Agencies Affected: Local Government Sustainability, Utility, and Agriculture Departments Information Sources: Indiana Department of Administration; https://www.in.gov/idoa/procurement/travel-services/ Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852. SB 135 2