North Carolina 2025-2026 Regular Session

North Carolina House Bill H638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 638
	3	+	H D
	4	+	HOUSE BILL DRH30285-NJ-8
	5	+
5	6
6	7
7	8		Short Title: Equit. Escalation of Electricity Demand Act. (Public)
8		-	Sponsors: Representatives Loftis, Ward, Tyson, and Greene (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Energy and Public Utilities, if favorable, Finance, if favorable, Rules, Calendar,
11		-	and Operations of the House
12		-	April 2, 2025
13		-	H638 -v-1
	9	+	Sponsors: Representative Loftis.
	10	+	Referred to:
	11	+
	12	+	DRH30285 -NJ-8
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO ASSIGN THE COST OF NEW DATA CENTERS, ELECTRIC VEHICLE 2
16	15		CHARGING STATIONS, AND ASSOCIATED ELECTRICITY DEMANDS TO THOSE 3
17	16		WHO BENEFIT DIRECTLY FROM THESE POWER SUPPLIES. 4
18	17		Whereas, Artificial Intelligence (AI) as commonly understood, is becoming 5
19	18		increasingly integrated into everyday life and across multiple sectors – if not every sector – of 6
20	19		the American economy; and 7
21	20		Whereas, AI is currently placing strains on current power grids and its demand is 8
22	21		expected to increase; and 9
23	22		Whereas, the Environmental Protection Agency's rules released in 2024 aim to 10
24	23		drastically increase the purchase and use of electric and plug-in hybrid electric vehicles; and 11
25	24		Whereas, electric grid operators project a rapid increase in American electricity 12
26	25		demand, up 4.7% between 2023 and 2028, caused by growth in data centers and electric vehicles; 13
27	26		and 14
28	27		Whereas, rapid growth of electricity demand without sufficient baseload generation 15
29	28		in place to meet the demand jeopardizes reliability and affordability and will cause interruptions 16
30	29		of service, often when needed most, during the hottest or coldest months; and 17
31	30		Whereas, 230 coal plants, which produced twenty percent (20%) of American 18
32	31		electricity in 2022, are being targeted for closure by activist groups, state and federal regulators, 19
33	32		and utilities, with dozens across the nation slated for closure in the next three years; and 20
34	33		Whereas, the North American Electric Reliability Corp. (NERC), and the Regional 21
35	34		Transmission Organizations (RTOs) have warned that large swathes of the United States face 22
36	35		elevated risks of electricity shortfalls now and in the future; and 23
37	36		Whereas, restricting the supply of electricity without immediate substitutes 24
38	37		jeopardizes reliability and affordability and will cause interruptions of service, often when 25
39	38		needed most, during the hottest or coldest months; and 26
40	39		Whereas, America's coal and natural gas plants should not be recklessly 27
41	40		decommissioned or regulated out of existence, they should be kept online (readily available) to 28
42	41		meet the projected rapid increase in electricity demand caused by new data centers and electric 29
43	42		vehicles; and 30
44	43		Whereas, the North Carolina Utilities Commission must prioritize retaining and 31
45		-	adding dispatchable, on-demand baseload power to meet the anticipated increase in demand; and 32 General Assembly Of North Carolina Session 2025
46		-	Page 2 House Bill 638-First Edition
47		-	Whereas, newly built data centers should be the first to have their power curtailed in 1
48		-	the event that new dispatchable power is not added to the grid and electricity blackouts or 2
49		-	brownouts occur; and 3
50		-	Whereas, those benefitting directly from new dispatchable power supplies, like EV 4
51		-	and PHEV users and data centers, should have to cover the cost of the additional demand they 5
52		-	are placing on the electric grid; Now, therefore, 6
53		-	The General Assembly of North Carolina enacts: 7
54		-	SECTION 1. Chapter 62 of the General Statutes is amended by adding a new Article 8
55		-	to read: 9
56		-	"Article 18. 10
57		-	"The Equitable Escalation of Electricity Demand Act. 11
58		-	"§ 62-360. Definitions. 12
59		-	As used in this Article, the following definitions apply: 13
60		-	(1) Commission. – Refers to the North Carolina Utilities Commission. 14
61		-	(2) Data center. – A physical location and/or facility that stores computing 15
62		-	machines and their related hardware equipment. 16
63		-	(3) Dispatchable. – A source of electricity that is readily available for use on 17
64		-	demand and can be dispatched upon request of a power grid operator, or one 18
65		-	that can have its power output adjusted according to market needs, except for 19
66		-	routine maintenance or repairs. 20
67		-	(4) Economic incentives. – State grants, cash grants, tax exemptions, tax refunds, 21
68		-	tax credits, State funds, and other State incentives administered by the State 22
69		-	or its political subdivisions. 23
70		-	(5) Electric generation facility. – A facility that uses water, coal, natural gas, or 24
71		-	nuclear fuel to generate reliable or dispatchable electricity for provision to 25
72		-	customers. 26
73		-	(6) Electric vehicle (EV). – A vehicle that uses electricity stored in a rechargeable 27
74		-	battery and an electric motor instead of a gasoline or other carbon-based fuel 28
75		-	tank and internal combustion engine. 29
76		-	(7) Firm power. – Includes dispatchable, reliable power generation, as well as 30
77		-	battery storage in excess of 24 hours. Firm power does not include power that 31
78		-	is not dispatchable. 32
79		-	(8) Plug-in hybrid electric vehicle (PHEV). – Any vehicle that uses a combination 33
80		-	of gasoline or other carbon-based fuel and electric generation or storage; has 34
81		-	a battery, an electric motor, a gasoline or other carbon-based fuel tank, and an 35
82		-	internal combustion engine. 36
83		-	(9) Reliable. – A source of electricity that is not subject to intermittent availability 37
84		-	and has a performance standard of eighty percent (80%) or greater and only 38
85		-	falls below that level during routine maintenance or repairs. 39
86		-	"§ 62-361. Protecting electricity users reliability and availability. 40
87		-	(a) To cover the cost to provide sufficient additional dispatchable power, a fee shall be 41
88		-	placed on all new EV and PHEV vehicle charging stations connected to the electric grid and all 42
89		-	new EVs or PHEVs sold or licensed to operate in North Carolina. The fee is separate and apart 43
90		-	from any fee levied on EVs or PHEVs for infrastructure construction and maintenance, and rather 44
91		-	is dedicated to the construction of new dispatchable power supplies to meet expected demand, 45
92		-	without socializing the cost across all ratepayers. 46
93		-	(b) For charging stations installed and owned by the State, a fee shall be assessed to users 47
94		-	of the charging station. The fee should be deposited into a fund designated for electrical grid 48
95		-	maintenance and/or upgrade. A receipt should be provided to the consumer noting the amount of 49
96		-	the fee and its purpose. 50 General Assembly Of North Carolina Session 2025
97		-	House Bill 638-First Edition Page 3
98		-	(c) New data centers requiring dispatchable power will be responsible for its provision, 1
99		-	either by contracting directly with the local utility for the construction of dispatchable power with 2
100		-	the approval for new power sources having to go through the usual regulatory process undertaken 3
101		-	by the Commission, except for the price which will be negotiated between the utility and the 4
102		-	source of the new demand, with safeguards so any cost overruns are not borne by ratepayers in 5
103		-	general. Any excess power from the dedicated dispatchable source can be sold onto the broader 6
104		-	grid at wholesale rates, with the profits of those sales split between the utility and the demanding 7
105		-	source, per their contract. 8
106		-	(d) If any state, or political subdivision thereof, provides economic incentives for the 9
107		-	construction, opening, or operations of a new data center, they shall enter into a memorandum of 10
108		-	understanding or other similar instrument regarding subsection (c) of this section such that failure 11
109		-	or refusal to meet the terms of the aforementioned memorandum of understanding, the 12
110		-	Commission is authorized to notify the relevant state and local agencies to commence 13
111		-	proceedings to recoup the current cash value of the economic incentives from the parent company 14
112		-	of the data center. 15
113		-	(e) If new data centers requiring dispatchable power cannot come to an agreement with 16
114		-	the local utility to construct new dispatchable power, they may submit their own plan to the 17
115		-	Commission for how they will develop and deliver that power. Any dispatchable power source 18
116		-	they construct and maintain will have to comply with the same environmental, safety, and health 19
117		-	regulations public utilities operate under, and any excess power generated by the new source, if 20
118		-	connected to the grid, can be sold to a contracting utility at an agreed upon price." 21
119		-	SECTION 2. If any provision of this act or its application is held invalid, the 22
120		-	invalidity does not affect other provisions or applications of this act that can be given effect 23
121		-	without the invalid provisions or application and, to this end, the provisions of this act are 24
122		-	severable. 25
123		-	SECTION 3. This act is effective when it becomes law. 26
	44	+	adding dispatchable, on-demand baseload power to meet the anticipated increase in demand; and 32
	45	+	Whereas, newly built data centers should be the first to have their power curtailed in 33
	46	+	the event that new dispatchable power is not added to the grid and electricity blackouts or 34
	47	+	brownouts occur; and 35
	48	+	H.B. 638
	49	+	Apr 1, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH30285-NJ-8
	52	+	Whereas, those benefitting directly from new dispatchable power supplies, like EV 1
	53	+	and PHEV users and data centers, should have to cover the cost of the additional demand they 2
	54	+	are placing on the electric grid; Now, therefore, 3
	55	+	The General Assembly of North Carolina enacts: 4
	56	+	SECTION 1. Chapter 62 of the General Statutes is amended by adding a new Article 5
	57	+	to read: 6
	58	+	"Article 18. 7
	59	+	"The Equitable Escalation of Electricity Demand Act. 8
	60	+	"§ 62-360. Definitions. 9
	61	+	As used in this Article, the following definitions apply: 10
	62	+	(1) Commission. – Refers to the North Carolina Utilities Commission. 11
	63	+	(2) Data center. – A physical location and/or facility that stores computing 12
	64	+	machines and their related hardware equipment. 13
	65	+	(3) Dispatchable. – A source of electricity that is readily available for use on 14
	66	+	demand and can be dispatched upon request of a power grid operator, or one 15
	67	+	that can have its power output adjusted according to market needs, except for 16
	68	+	routine maintenance or repairs. 17
	69	+	(4) Economic incentives. – State grants, cash grants, tax exemptions, tax refunds, 18
	70	+	tax credits, State funds, and other State incentives administered by the State 19
	71	+	or its political subdivisions. 20
	72	+	(5) Electric generation facility. – A facility that uses water, coal, natural gas, or 21
	73	+	nuclear fuel to generate reliable or dispatchable electricity for provision to 22
	74	+	customers. 23
	75	+	(6) Electric vehicle (EV). – A vehicle that uses electricity stored in a rechargeable 24
	76	+	battery and an electric motor instead of a gasoline or other carbon-based fuel 25
	77	+	tank and internal combustion engine. 26
	78	+	(7) Firm power. – Includes dispatchable, reliable power generation, as well as 27
	79	+	battery storage in excess of 24 hours. Firm power does not include power that 28
	80	+	is not dispatchable. 29
	81	+	(8) Plug-in hybrid electric vehicle (PHEV). – Any vehicle that uses a combination 30
	82	+	of gasoline or other carbon-based fuel and electric generation or storage; has 31
	83	+	a battery, an electric motor, a gasoline or other carbon-based fuel tank, and an 32
	84	+	internal combustion engine. 33
	85	+	(9) Reliable. – A source of electricity that is not subject to intermittent availability 34
	86	+	and has a performance standard of eighty percent (80%) or greater and only 35
	87	+	falls below that level during routine maintenance or repairs. 36
	88	+	"§ 62-361. Protecting electricity users reliability and availability. 37
	89	+	(a) To cover the cost to provide sufficient additional dispatchable power, a fee shall be 38
	90	+	placed on all new EV and PHEV vehicle charging stations connected to the electric grid and all 39
	91	+	new EVs or PHEVs sold or licensed to operate in North Carolina. The fee is separate and apart 40
	92	+	from any fee levied on EVs or PHEVs for infrastructure construction and maintenance, and rather 41
	93	+	is dedicated to the construction of new dispatchable power supplies to meet expected demand, 42
	94	+	without socializing the cost across all ratepayers. 43
	95	+	(b) For charging stations installed and owned by the State, a fee shall be assessed to users 44
	96	+	of the charging station. The fee should be deposited into a fund designated for electrical grid 45
	97	+	maintenance and/or upgrade. A receipt should be provided to the consumer noting the amount of 46
	98	+	the fee and its purpose. 47
	99	+	(c) New data centers requiring dispatchable power will be responsible for its provision, 48
	100	+	either by contracting directly with the local utility for the construction of dispatchable power with 49
	101	+	the approval for new power sources having to go through the usual regulatory process undertaken 50
	102	+	by the Commission, except for the price which will be negotiated between the utility and the 51 General Assembly Of North Carolina Session 2025
	103	+	DRH30285-NJ-8 Page 3
	104	+	source of the new demand, with safeguards so any cost overruns are not borne by ratepayers in 1
	105	+	general. Any excess power from the dedicated dispatchable source can be sold onto the broader 2
	106	+	grid at wholesale rates, with the profits of those sales split between the utility and the demanding 3
	107	+	source, per their contract. 4
	108	+	(d) If any state, or political subdivision thereof, provides economic incentives for the 5
	109	+	construction, opening, or operations of a new data center, they shall enter into a memorandum of 6
	110	+	understanding or other similar instrument regarding subsection (c) of this section such that failure 7
	111	+	or refusal to meet the terms of the aforementioned memorandum of understanding, the 8
	112	+	Commission is authorized to notify the relevant state and local agencies to commence 9
	113	+	proceedings to recoup the current cash value of the economic incentives from the parent company 10
	114	+	of the data center. 11
	115	+	(e) If new data centers requiring dispatchable power cannot come to an agreement with 12
	116	+	the local utility to construct new dispatchable power, they may submit their own plan to the 13
	117	+	Commission for how they will develop and deliver that power. Any dispatchable power source 14
	118	+	they construct and maintain will have to comply with the same environmental, safety, and health 15
	119	+	regulations public utilities operate under, and any excess power generated by the new source, if 16
	120	+	connected to the grid, can be sold to a contracting utility at an agreed upon price." 17
	121	+	SECTION 2. If any provision of this act or its application is held invalid, the 18
	122	+	invalidity does not affect other provisions or applications of this act that can be given effect 19
	123	+	without the invalid provisions or application and, to this end, the provisions of this act are 20
	124	+	severable. 21
	125	+	SECTION 3. This act is effective when it becomes law. 22