New York 2025-2026 Regular Session

New York Assembly Bill A09086

Introduced
9/12/25  

Caption

Regulates energy consumption by data centers; requires annual disclosure reporting; prohibits incentives in fossil fuel power purchase agreements with utilities; directs the public service commission to establish a data center surcharge and discount plan.

Impact

The act would have a considerable impact on the energy policies governing data centers. New data center operators would need to adhere to stricter regulations regarding fossil fuel energy purchase agreements, with specific targets set for renewable energy usage. By 2030, at least one-third of the energy used by data centers would need to come from renewable sources, and this would increase to two-thirds by 2035, with a goal of achieving 100% by 2040. These efforts aim to mitigate greenhouse gas emissions while enhancing energy efficiency, thus fulfilling the state's climate goals.

Summary

Bill A09086, known as the New York State Sustainable Data Centers Act, seeks to regulate energy consumption and environmental impacts of data centers within New York. The bill mandates that data centers must submit a data center disclosure report prior to construction, including details on projected energy use and environmental impacts. Furthermore, it calls for establishing energy efficiency goals while ensuring that data center operations are aligned with the state's climate benchmarks. The legislation underscores the significant energy and water consumption associated with data centers and aims to improve their sustainability practices.

Contention

Variability in the community responses to A09086 may arise, particularly concerning the community discount plan tied to data center development. This provision aimsto provide financial relief for low- and moderate-income households in host communities impacted by data center operations. While supporters laud it as a necessary step to address unequal energy burdens, some critics argue that it could lead to indirect subsidies for data center operators at the expense of local taxpayer funds. Additionally, there are concerns that the stringent regulations could hinder new data center developments, potentially impacting economic growth and job creation within those regions.

Companion Bills

No companion bills found.

Previously Filed As

NY S09960

Regulates energy consumption by data centers; requires annual disclosure reporting; prohibits incentives in fossil fuel power purchase agreements with utilities; requires the public service commission to create a community discount plan to account for increased energy costs for customers with host communities and make data center operators responsible for subsidizing energy costs within such host community.

NY S01316

Relates to requiring the establishment of utility customer arrears reporting; requires utilities to report to the public service commission on customers who are in arrears.

NY A05328

Relates to requiring the establishment of utility customer arrears reporting; requires utilities to report to the public service commission on customers who are in arrears.

NY A04335

Relates to the department of public service; limits increases in the amount of surcharges; establishes a one year moratorium on the collection of energy surcharges; establishes a moratorium on new surcharge assessments, taxes or fees.

NY S02878

Directs the public service commission to undertake a study of consumer protections adopted by electric corporations and utilities; includes reporting on the adequacy of the public service commission's assistance to customers facing disconnection of utility service.

NY A02519

Directs the public service commission to undertake a study of consumer protections adopted by electric corporations and utilities; includes reporting on the adequacy of the public service commission's assistance to customers facing disconnection of utility service.

NY A00450

Prohibits price gouging with respect to fuel, energy, and transportation goods and services; directs the attorney general to promulgate rules and regulations requiring the periodic public disclosure by actors in the chain of distribution for fuel sold in or into the state of the prices charged or proposed to be charged for fuel.

NY A03125

Provides that every public utility shall provide the commissioner of public service an affidavit annually, that no call centers or other facilities providing customer service have been closed without notice and hearing before the commission; makes related provisions.

NY S06694

Provides that every public utility shall provide the commissioner of public service an affidavit annually, that no call centers or other facilities providing customer service have been closed without notice and hearing before the commission; makes related provisions.

NY S00897

Establishes the climate corporate data accountability act requiring certain business entities within the state to annually disclose scope 1, scope 2 and scope 3 emissions; establishes the climate accountability and emissions disclosure fund.

Similar Bills

No similar bills found.