S T A T E O F N E W Y O R K
________________________________________________________________________
10546
I N S E N A T E
May 20, 2026
___________
Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT in relation to requiring host community benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Host community benefit. 1. Definitions. For the purposes of
this act, the following terms shall have the following meanings:
(a) "Data center" means all facilities, or a combination of facili-
ties, under common ownership at the same site, that receive service from
an electric corporation, gas corporation, or municipality, as defined in
the public service law, or have applied or requested to receive such
service, and have a peak demand of twenty megawatts or more that is used
for:
(i) computing infrastructure, not including manufacturing;
(ii) data processing services;
(iii) web hosting services, not including software publishing;
(iv) streaming support services, not including streaming distribution;
and
(v) other related services and functions as defined in rules and regu-
lations promulgated by the commission.
(b) "Host community" shall mean any town or city within which a data
center defined in paragraph (a) of this subdivision, or any portion
thereof, has been proposed for development.
(c) "Eligible residential technologies" means:
(i) cold-climate heat pumps for space heating and cooling;
(ii) heat pump water heaters;
(iii) rooftop solar photovoltaic systems; and/or
(iv) behind-the-meter battery storage systems.
(d) "Utility" means an electric distribution utility corporation regu-
lated pursuant to section 66 of the public service law.
2. Each new data center, or any existing data center undergoing a
major expansion that will meet or exceed twenty megawatts of additional
load, shall, pursuant to subdivision three of this section, fund a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13988-05-6
S. 10546 2
program to: (a) provide a discount or credit on the electric utility
bills of the local utility's residential customers in a host community;
or (b) install eligible residential technologies for such customers.
3. The public service commission shall, within ninety days from the
effective date of this subdivision, commence a proceeding to establish a
program under which data center owners would be required to fund a
program to provide a discount or credit on the electric utility bills of
the utility's customers in a host community, or to install eligible
residential technologies for such customers. Such proceeding shall
establish a process to notify host communities and allow such community
to indicate whether discounts or credits on utility bills or the instal-
lation of any eligible residential technologies is their preferred use
of program funding. Such proceeding shall further determine the amount
of such discount, credit, or amount of eligible residential technologies
to be installed based on all factors deemed appropriate by the commis-
sion, including the expected average electrical demand of the facility,
the average number of customers within the data center host community,
and the expected aggregate annual electric consumption within such host
community, and shall include prioritization of low- and moderate-income
households and disadvantaged communities, as defined in subdivision five
of section 75-0101 of the environmental conservation law, and the role
of utilities, if any, in implementing any aspect of such program.
§ 2. The Long Island Power Authority shall establish a program for
data centers within its service territory to achieve the same objectives
as set forth and described in section one of this act.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, subdivision three of
section one of this act shall take effect immediately. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.