Assembly Bill A9136

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9136
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in  relation  to  requiring  new
   data centers to incorporate thermal energy networks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public service law is amended by adding a  new  section
 66-x to read as follows:
   § 66-X. THERMAL ENERGY NETWORK REQUIREMENTS FOR DATA CENTERS. 1. DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "DATA CENTER" SHALL MEAN A FACILITY WITH A TOTAL AGGREGATE INFOR-
 MATION TECHNOLOGY (IT) LOAD GREATER THAN ONE MEGAWATT, PRIMARILY USED TO
 HOUSE COMPUTER SYSTEMS, ASSOCIATED COMPONENTS, AND NETWORKING EQUIPMENT.
   (B) "THERMAL ENERGY NETWORK" SHALL HAVE THE SAME MEANING AS  DESCRIBED
 IN  SECTION  SIXTY-SIX-T  OF  THIS  ARTICLE,  AS  ADDED BY CHAPTER THREE
 HUNDRED SEVENTY-FIVE OF THE LAWS OF TWO THOUSAND TWENTY-TWO.
   (C) "MAJOR EXPANSION" SHALL MEAN ANY INCREASE IN A  FACILITY'S  AGGRE-
 GATE IT LOAD BY TWENTY-FIVE PERCENT OR MORE.
   2. APPLICABILITY. THE PROVISIONS OF THIS SECTION SHALL APPLY TO:
   (A) ALL DATA CENTERS FOR WHICH INITIAL CONSTRUCTION PERMITS ARE ISSUED
 ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN; AND
   (B)  ANY  MAJOR EXPANSION OF AN EXISTING DATA CENTER FOR WHICH PERMITS
 ARE ISSUED ON OR AFTER SUCH DATE.
   3. FEASIBILITY ASSESSMENT. PRIOR TO THE  ISSUANCE  OF  A  CONSTRUCTION
 PERMIT  FOR  A  FACILITY  SUBJECT TO THIS SECTION, THE OWNER OR OPERATOR
 SHALL SUBMIT TO THE COMMISSION  A  THERMAL  ENERGY  NETWORK  FEASIBILITY
 ASSESSMENT PREPARED BY A LICENSED ENGINEER. THE ASSESSMENT SHALL IDENTI-
 FY  POTENTIAL OFF-SITE THERMAL LOADS WITHIN ONE MILE OF THE FACILITY AND
 EVALUATE THE TECHNICAL  AND  ECONOMIC  FEASIBILITY  OF  INTERCONNECTION,
 INCLUDING COST ESTIMATES AND POTENTIAL PARTNERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13682-01-5
 A. 9136                             2
              

 
   4. THERMAL ENERGY NETWORK REQUIREMENT. (A) EACH APPLICABLE DATA CENTER
 SHALL  BE DESIGNED, CONSTRUCTED, AND OPERATED TO CAPTURE AND REUSE WASTE
 HEAT GENERATED BY COMPUTING EQUIPMENT THROUGH A THERMAL ENERGY  NETWORK,
 UNLESS  THE  COMMISSION  DETERMINES  THROUGH  THE FEASIBILITY ASSESSMENT
 PROCESS  THAT  SUCH  INTERCONNECTION  IS TECHNICALLY INFEASIBLE OR WOULD
 IMPOSE AN UNDUE ECONOMIC HARDSHIP.
   (B) WHERE INITIAL INTERCONNECTION IS DETERMINED TO BE INFEASIBLE,  THE
 FACILITY  SHALL BE CONSTRUCTED IN A MANNER THAT PRESERVES THE ABILITY TO
 CONNECT TO A THERMAL ENERGY NETWORK IN THE FUTURE, INCLUDING THE INSTAL-
 LATION OF THERMAL RECOVERY EQUIPMENT,  INTERFACE  POINTS,  AND  RESERVED
 SPACE FOR CONNECTION INFRASTRUCTURE.
   5. CLUSTERED AND SHARED NETWORKS. TWO OR MORE FACILITIES LOCATED WITH-
 IN  TWO MILES OF EACH OTHER MAY SATISFY THE REQUIREMENTS OF THIS SECTION
 BY PARTICIPATING IN A SHARED THERMAL  ENERGY  NETWORK  SERVING  MULTIPLE
 THERMAL LOADS.
   6.  STANDARDS  AND IMPLEMENTATION. (A) THE COMMISSION, IN CONSULTATION
 WITH THE NEW YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,
 SHALL,  WITHIN  EIGHTEEN  MONTHS  OF THE EFFECTIVE DATE OF THIS SECTION,
 ADOPT RULES ESTABLISHING:
   (I) MINIMUM THERMAL ENERGY RECOVERY PERFORMANCE STANDARDS;
   (II) INTERCONNECTION AND METERING REQUIREMENTS; AND
   (III) REPORTING PROTOCOLS FOR HEAT RECOVERY AND REUSE.
   (B) THE COMMISSION SHALL MAINTAIN AND PUBLISH A STATEWIDE MAP  IDENTI-
 FYING  POTENTIAL  THERMAL  ENERGY NETWORK OPPORTUNITIES AND NEARBY HIGH-
 DENSITY THERMAL LOADS TO GUIDE FACILITY SITING AND INTERCONNECTION PLAN-
 NING.
   7. REPORTING. EACH FACILITY SUBJECT TO  THIS  SECTION  SHALL  ANNUALLY
 REPORT  TO  THE  COMMISSION  THE  AMOUNT  OF  THERMAL  ENERGY RECOVERED,
 DISTRIBUTED, AND REUSED, AND ANY BARRIERS ENCOUNTERED IN ACHIEVING  FULL
 COMPLIANCE.
   §  2.  This  act  shall take effect immediately and shall apply to any
 qualifying facility or expansion for  which  a  construction  permit  is
 issued on or after January 1, 2027.