Establishes the "accountability of costs for data centers act"; requires each electric corporation, gas corporation and municipality to establish an independent classification of service for large energy use facilities that is separate and distinct from other industrial electricity customers; authorizes the department of public service to develop financial surety requirements.
S T A T E O F N E W Y O R K
________________________________________________________________________
9039
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public service law, in relation to enacting the
"accountability of costs for data centers act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "account-
ability of costs for data centers act" or the "AC/DC act".
§ 2. Subdivision 5 of section 65 of the public service law, as amended
by chapter 134 of the laws of 1921, is amended to read as follows:
5. (A) Nothing in this chapter shall be taken to prohibit a gas corpo-
ration or [electrical] ELECTRIC corporation from establishing classi-
fications of service based upon the quantity used, the time when used,
the purpose for which used, the duration of use or upon any other
reasonable consideration, and providing schedules of just and reasonable
graduated rates applicable thereto. No such classification, schedule,
rate or charge shall be lawful unless it shall be filed with and
approved by the commission, and every such classification, rate or
charge shall be subject to change, alteration and modification by the
commission.
(B) THE COMMISSION SHALL REQUIRE, IF APPLICABLE, EACH ELECTRIC CORPO-
RATION, GAS CORPORATION AND MUNICIPALITY TO ESTABLISH AN INDEPENDENT
CLASSIFICATION OF SERVICE FOR LARGE ENERGY USE FACILITIES THAT IS SEPA-
RATE AND DISTINCT FROM OTHER INDUSTRIAL ELECTRICITY CUSTOMERS. SUCH
SERVICE CLASSIFICATION FOR LARGE ENERGY USE FACILITIES SHALL AT A MINI-
MUM:
(I) ASSIGN THE COSTS INCURRED TO SERVE SUCH CLASSIFICATION OF CUSTOM-
ERS, INCLUDING THE COSTS OF ANY UPGRADES NECESSARY TO FACILITATE SERVICE
TO SUCH CLASS, SOLELY AMONG SUCH CLASSIFICATION OF CUSTOMERS, IN A
MANNER THAT IS JUST AND REASONABLE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13019-02-5
A. 9039 2
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.