PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Congressional Research Service
No official summary is available in the imported record yet.
People & committees
Rep. Subramanyam, Suhas [D-VA-10] · D–VA
Legislative record
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Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Sep 25, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-09-08 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Data Center Fair Share Act would add electricity standards assigning upgrade costs to large nonresidential customers, including when they stop buying power. Coverage would depend on electricity demand and contract timing, rather than whether a customer is a data center. State regulators and nonregulated electric utilities would have deadlines to consider the standards, subject to a prior-state-action exception. States that fail to implement the standards would face withholding of 100% of a specified stream of federal highway funding under title 23, section 104(b).
This Act may be cited as the Data Center Fair Share Act.
A rate charged, or entered into, by an electric utility for providing electric service to a large-load customer shall be designed to recover from the large-load customer the full, incremental costs of any generation, transmission, or distribution upgrade necessary to serve the load of such large-load customer, including in the event of such large-load customer terminating a contract or other agreement with the electric utility pertaining to the sale of electric energy, or otherwise ceasing the purchase of electric energy from the electric utility.
the term large-load customer means a non-residential electric consumer that, on or after the date of the enactment of this paragraph, requests to enter into, or enters into, a contract or other agreement pertaining to the sale of electric energy for one or more facilities that have, in the aggregate, a peak electric demand of 100 megawatts or more at a single site or campus.
Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
3. Withholding of highway funds for failure to adopt Federal standard relating to large-load customer
The Secretary shall withhold 100 per centum of the amount required to be apportioned to any State under section 104(b) on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section, in which the State has not implemented the standards under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.
The proposed standards would cover nonresidential customers that request or enter an electricity-sale agreement on or after enactment for one or more facilities with combined peak electric demand of at least 100 megawatts at a single site or campus.
the term large-load customer means a non-residential electric consumer that, on or after the date of the enactment of this paragraph, requests to enter into, or enters into, a contract or other agreement pertaining to the sale of electric energy for one or more facilities that have, in the aggregate, a peak electric demand of 100 megawatts or more at a single site or campus.
The proposed rate standard would require rates designed to recover from a covered customer the full incremental costs of generation, transmission, or distribution upgrades needed to serve that customer. Cost recovery would also apply if the customer ends its agreement or otherwise stops buying electricity from the utility.
A rate charged, or entered into, by an electric utility for providing electric service to a large-load customer shall be designed to recover from the large-load customer the full, incremental costs of any generation, transmission, or distribution upgrade necessary to serve the load of such large-load customer, including in the event of such large-load customer terminating a contract or other agreement with the electric utility pertaining to the sale of electric energy, or otherwise ceasing the purchase of electric energy from the electric utility.
Before making a necessary upgrade, the proposed standard would require the utility either to require the covered customer or customer group to fund its full cost through a contribution in aid of construction, or to assign the full cost to a class of large-load customers. The second option allows costs to be assigned to a customer category rather than solely to the particular customer needing the upgrade.
Before an electric utility makes any generation, transmission, or distribution upgrade that is necessary to serve the load of a large-load customer, or a group of large-load customers, the electric utility shall— (i) require the large-load customer, or the group of large-load customers, to cover the full costs of such upgrade through a contribution in aid of construction; or (ii) assign the full costs of such upgrade to a class of large-load customers.
Within one year after enactment, state regulators responsible for utility rates and each nonregulated electric utility would have to begin considering the new standard or set a hearing date, subject to the prior-state-action exception.
Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
Within two years after enactment, those regulators and utilities would have to complete consideration and make a determination under existing section 111, subject to the prior-state-action exception. This deadline expressly concerns consideration and a determination; the full existing section 111 procedures are not supplied.
Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
The prior-state-action exception would make section 112(b) and (c) inapplicable to the new standard for a utility if, before enactment, its state had implemented that standard or a comparable standard for the utility, or its legislature had voted on implementation for the utility. The text does not specify that the vote must have approved implementation. The full existing subsections are absent, so their complete procedural scope cannot be established from the supplied text.
Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
The bill would change a cross-reference in existing section 112(c) from subsection (b)(2) to subsection (b). For the new standard, it would also make that subsection's enactment-date reference point to enactment of the new paragraph. The surrounding existing subsection is not supplied, limiting assessment of these changes' full effects.
in subsection (c)— (A) by striking subsection (b)(2) and inserting subsection (b); and (B) by inserting In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). after paragraph (21).
The bill would require withholding 100% of a specified stream of federal highway funding—the amount required to be apportioned to a state under title 23, section 104(b)—in a fiscal year when the state has not implemented the new standards. Withholding would begin on the first day of the fiscal year after the first fiscal year beginning after enactment, and apply in subsequent years of nonimplementation. The supplied text does not establish every program or dollar amount this funding stream covers.
3. Withholding of highway funds for failure to adopt Federal standard relating to large-load customer
Chapter 1 of title 23, United States Code, is amended by adding at the end the following
The Secretary shall withhold 100 per centum of the amount required to be apportioned to any State under section 104(b) on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section, in which the State has not implemented the standards under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.
The prior-state-action exception expressly applies to section 112(b) and (c) for the new standard. The separate highway-funding provision turns on state implementation and does not expressly exempt a state because its legislature previously voted on implementation.
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
The Secretary shall withhold 100 per centum of the amount required to be apportioned to any State under section 104(b) on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section, in which the State has not implemented the standards under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.
The supplied September 25, 2026 source snapshot records introduction in the House on September 8, 2026, and referral that day to the Energy and Commerce and Transportation and Infrastructure Committees. It does not establish subsequent legislative action or enactment.
Source snapshot updated 2026-09-25T14:53:38Z.
2026-09-08: Introduced in House
2026-09-08: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
A closer look
Reviewed version: Introduced in House · 2026-09-08. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials, or establish an amendment's attachment history.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials. Formal earmark requests, disclosures, and reports are not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
A limited procedural exemption is identified below as a targeted benefit. This classification concerns the exemption's scope and does not establish improper purpose or unjustified treatment.
Utilities for which a state took specified action before enactment would receive an exemption from section 112(b) and (c) as applied to the new large-load standard, including the new consideration deadlines. Eligibility includes prior implementation of the standard or a comparable standard, or a prior state legislative vote on implementation for the utility. The vote alternative does not expressly require approval, making the exemption broader than recognition of standards already implemented. This gives a limited class of utilities procedural relief within the bill's main electricity policy; the full scope of existing subsections (b) and (c) is not supplied. The separate highway-funding provision still turns on state implementation and contains no express exemption for a prior legislative vote.
Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); or (2) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.
The Secretary shall withhold 100 per centum of the amount required to be apportioned to any State under section 104(b) on the first day of each fiscal year after the first fiscal year beginning after the date of enactment of this section, in which the State has not implemented the standards under section 111(d)(22) of the Public Utility Regulatory Policies Act of 1978.
Full text preserved for this analysis. Legislative record snapshot: Sep 25, 2026. How PlainBill uses AI