H.R. 8033

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8033 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8033

To ensure that American families are protected from the impacts of data 
centers on the electric grid, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 20, 2026

Mr. Landsman introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To ensure that American families are protected from the impacts of data 
centers on the electric grid, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``No Harm Data Centers Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) data centers, while creating potentially economically 
valuable tools, impose costs upon other electricity customers, 
in the form of higher costs for the generation of electricity, 
along with necessary investments in electric infrastructure; 
and
(2) the costs imposed by data centers upon the bulk-power 
system should be fully borne by data centers and that other 
residential and small commercial electricity customers should 
be economically protected from the impacts of data centers.

SEC. 3. ENSURING DATA CENTERS PAY THEIR FAIR SHARE.

(a) Data Center Defined.--Section 3 of the Federal Power Act (16 
U.S.C. 796) is amended by adding at the end the following:
``(30) Data center.--The term `data center' means--
``(A) any facility that--
``(i) is behind a single point of 
interconnection;
``(ii) primarily contains electronic 
equipment used to process, store, and transmit 
digital information; and
``(iii) has a peak electricity demand of 
greater than 50 megawatts; or
``(B) any group of facilities--
``(i) that are behind a single point of 
interconnection;
``(ii) the majority of which primarily 
contain electronic equipment used to process, 
store, and transmit digital information; and
``(iii) that, in the aggregate, have a peak 
electricity demand of greater than 50 
megawatts.''.
(b) Ensuring Data Centers Pay Their Fair Share.--The Federal Power 
Act is amended by inserting after section 223 (16 U.S.C. 824w) the 
following:

``SEC. 224. ENSURING DATA CENTERS PAY THEIR FAIR SHARE.

``(a) Authority.--
``(1) In general.--Notwithstanding subsection (a) and 
subsection (b)(1) of section 201, and subject to subsection 
(d), the Commission shall, beginning on the date that is 90 
days after the date of enactment of this section, have the sole 
authority to approve rates and charges for the retail sale of 
electric energy from a covered electric utility to a data 
center.
``(2) Just and reasonable requirement.--All rates and 
charges approved by the Commission pursuant to paragraph (1) 
shall be just and reasonable, and not unduly discriminatory or 
preferential. If the Commission finds, after a hearing held 
upon its own motion or upon complaint, that any rate or charge 
approved by the Commission is unjust or unreasonable, or unduly 
discriminatory or preferential, the Commission shall fix a new 
rate or charge that is just and reasonable and not unduly 
discriminatory or preferential.
``(b) Full Allocation of Costs.--Any rate or charge approved 
pursuant to subsection (a) shall include--
``(1) the full costs of constructing, upgrading, and 
expanding any transmission or distribution facility to 
facilitate the interconnection of data centers to the bulk-
power system;
``(2) the full costs of constructing, upgrading, and 
expanding any transmission or distribution facility to ensure 
the reliability of the bulk-power system during periods of 
increasing demand for electric energy from data centers; and
``(3) the full costs of constructing, upgrading, and 
expanding any generating facility to facilitate the reliability 
of the bulk-power system during periods of increasing demand 
for electric energy from data centers.
``(c) Prohibition on Cost-shifting.--No covered electric utility 
may shift the costs described in paragraphs (1) through (3) of 
subsection (b) onto their retail rates or charges for any customer 
other than a data center.
``(d) Inapplicability.--This section shall not apply within the 
area referred to in section 212(k)(2)(A).
``(e) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal 
Energy Regulatory Commission.
``(2) Covered electric utility.--The term `covered electric 
utility' means a person that sells electric energy, except--
``(A) an electric cooperative described in section 
201(f);
``(B) an electric utility that is owned or operated 
by a State or political subdivision thereof;
``(C) the Tennessee Valley Authority; and
``(D) each Federal power marketing 
administration.''.
(c) Penalties.--The Federal Power Act (16 U.S.C. 792 et seq.) is 
amended--
(1) in section 221, by inserting ``, the price of 
electricity sold to data centers at retail and inputs to such 
price,'' after ``sold at wholesale'';
(2) in section 307(a), by inserting ``, the sale of 
electric energy at retail to data centers,'' after ``at 
wholesale in interstate commerce'';
(3) in section 311, by striking ``and industrial'' and 
inserting ``data center, and industrial''; and
(4) in section 316A(b)--
(A) by striking ``Any person who violates any 
provision of part II'' and inserting the following:
``(1) In general.--Any person who violates any provision of 
part II, except for section 224,'';
(B) by striking ``Such penalty'' and inserting the 
following:
``(2) Data center violations.--Any person who violates any 
provision of section 224 or any provision of any rule or order 
thereunder shall be subject to a civil penalty of not more than 
$10,000,000 for each day that such violation continues.
``(3) Assessment.--A penalty under this subsection''; and
(C) by striking ``In determining the amount of a 
proposed penalty,'' and inserting the following:
``(4) Penalty amount.--In determining the amount of a 
proposed penalty under this subsection,''.
(d) Conforming Amendment.--Section 201(e) of the Federal Power Act 
(16 U.S.C. 824(e)) is amended by striking ``or 222'' and inserting 
``222, or 224''.

SEC. 4. LIMITATION ON JUDICIAL ENFORCEABILITY OF PREDISPUTE 
NONDISCLOSURE CONTRACT CLAUSES RELATING TO THE 
CONSTRUCTION OF DATA CENTERS.

(a) In General.--
(1) Enforceability against public officials.--With respect 
to the construction of a data center, no predispute 
nondisclosure clause shall be judicially enforceable against a 
public official.
(2) Continued applicability of state law.--This section 
shall not be construed to supersede a provision of State law 
that establishes, implements, or continues in effect a 
requirement or prohibition except to the extent that such 
requirement or prohibition prevents the application of this 
section.
(b) Applicability.--This section shall apply with respect to a 
claim that is filed under Federal, State, or Tribal law on or after the 
date of the enactment of this Act.

SEC. 5. ASSESSMENT OF ENVIRONMENTAL AND PUBLIC HEALTH EFFECTS OF DATA 
CENTERS.

The Administrator of the Environmental Protection Agency shall seek 
to enter into an agreement with the National Academies under which the 
National Academies shall--
(1) conduct an assessment of the impacts of data centers on 
the environment and public health, including with respect to--
(A) noise pollution;
(B) air pollution;
(C) water consumption;
(D) water supply;
(E) carbon emissions; and
(F) waste, including electronic waste;
(2) develop recommendations to mitigate such impacts; and
(3) not later than 180 days after the date of the enactment 
of this Act, submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Environment 
and Public Works of the Senate a report containing the results 
of the assessment conducted under paragraph (1) and the 
recommendations developed under paragraph (2).

SEC. 6. DEFINITIONS.

For purposes of this Act:
(1) Data center.--The term ``data center'' means--
(A) any facility that--
(i) is behind a single point of 
interconnection;
(ii) primarily contains electronic 
equipment used to process, store, and transmit 
digital information; and
(iii) has a peak electricity demand of 
greater than 50 megawatts; or
(B) any group of facilities--
(i) that are behind a single point of 
interconnection;
(ii) the majority of which primarily 
contain electronic equipment used to process, 
store, and transmit digital information; and
(iii) that, in the aggregate, have a peak 
electricity demand of greater than 50 
megawatts.
(2) National academies.--The term ``National Academies'' 
means the National Academies of Sciences, Engineering, and 
Medicine.
(3) Predispute nondisclosure clause.--The term ``predispute 
nondisclosure clause'' means a provision in a contract or 
agreement agreed to before a lawsuit is filed under Federal, 
State, or Tribal law, that requires the parties to the contract 
or agreement not to disclose or discuss conduct, the existence 
of a settlement involving conduct, or information covered by 
the terms and conditions of the contract or agreement.
(4) Public official.--The term ``public official'' means an 
individual who, at the time a contract or agreement was agreed 
to, was an elected official of a Federal, State, or local unit 
of government in the United States.
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