Bill Summaries: all (2025-2026 Session)

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  • Summary date: Apr 27 2026 - View summary

    Includes whereas clauses.

    Part I.

    Enacts new Article 6C in GS Chapter 62. Defines: (1) data center as a facility or group of co-located facilities under common ownership or control used to house computer systems, servers, network equipment, and associated infrastructure for the storage, processing, or transmission of data; (2) large-load data center as a data center that meets the definition of a large-load facility; (3) large-load facility as a nonresidential facility that has an actual or projected peak electricity demand equal to or greater than 50 megawatts (MW) and specifies that facilities under common ownership or control, or that are operationally or contractually integrated, whether located on one or multiple parcels, will constitute one "large-load facility" for purposes of determining the applicability of any threshold, requirement, limitation, or fee under this Article; and (4) political subdivision as a county or municipality.

    Requires obtaining a certificate of operation from the North Carolina Utilities Commission (Commission) before beginning the construction or operation of a large-load facility. Allows issuance of a certificate to operated, after notice and an opportunity for interested parties to be heard, if it is found that the applicant is fit, capable, and financially able to operate the large-load facility. Requires that the applicant demonstrate: (1) that any electric services purchased from an electric public utility will be in accordance with rates fixed under GS 62-127.2; (2) that other members of the using and consuming public will be held harmless and protected from bearing any increased costs as a result of the electric services provided to large-load facilities; (3) that an adequate environmental document studying the environmental impacts of a proposed large-load facility has been completed; (4) that the applicant will mitigate any adverse social, economic, and environmental effects resulting from foreseeable noise pollution caused by the large-load facility; (5) in the case of large-load data centers, that the political subdivision with jurisdiction over the proposed facility has consented by local referendum; and (6) that the applicant will operate the large-load facility in compliance with any other requirement determined by the Commission to be necessary to protect the public interest. Makes the certificate of operation effective from the date issued until terminated either under its own terms or until suspended or revoked by the Commission. Allows the Commission, when requested by an electric public utility, the Public Staff, or a person having an interest in the large-load facility's operation, to review the certificate to determine whether the owner or operator of the large-load facility is operating in compliance with the Article. Allows, after notice to the large-load facility's owner or operator, the Commission to suspend the certificate upon a hearing to determine whether the certificate should be revoked. Allows reinstatement, suspension, or revocation of a certificate after the hearing, and for good cause shown.

    Requires electric public utilities to file for approval by the Commission tariffs for providing electric service to large-load facilities. Allows approving a tiered tariff schedule that includes different rates, terms, and conditions for different classes of large-load facilities based on load requirements or other factors related to the cost of service. Requires approving a proposed electric service tariff for large-load facilities only upon if the tariff is just and reasonable and sufficiently designed to ensure: (1) that the proposed rates are based on the cost causation principle and that large-load facilities will be responsible for the entire cost of any capital investments or incremental operational expenses necessary for the electric public utility to serve large-load facilities; (2) that the proposed rates will not result in the electric public utility's other retail customers who are classified as residential or small commercial customers having to cross-subsidize large-load facilities; (3) that the electric public utility's residential or small commercial customers will be held harmless, and will not be advantaged nor disadvantaged, from large-load facilities either commencing or discontinuing service under the proposed tariff; (4) that the proposed tariff complies with any other rule or order adopted by the Commission.

    Requires the Commission to study the environmental impacts of any proposal to construct and operate a large-load facility for which a certificate is required. Requires considering foreseeable noise impacts, in addition to the secondary and cumulative impacts resulting from the construction and operation of the large-load facility. Requires an environmental assessment to be prepared for any petition for a certificate under this Article. Sets out the threshold for determining whether an environmental impact statement must also be required. Requires certificate applicants to pay for special studies necessary to comply with Article 1 (Environmental Policy Act) of GS Chapter 113A. Prohibits acting on a certificate of operation for a large-load facility until the Commission has determined that the environmental document is complete and adequate. Requires the holder of a certificate of operation for a large-load facility to conduct an ongoing review of any ecological impacts caused as a result of the facility’s operation and requires an annual report to the Commission summarizing the assessments. Requires the Commission to order the holder of a certificate of operation for a large-load facility to mitigate any adverse social, economic, and environmental effects resulting from noise pollution.

    Allows the governing board of a county or municipality to start the process to consent to the Commission issuing a large-load data center a certificate of operation by adopting a resolution. Requires the resolution to call for a referendum on the question of authorizing the Commission to issue a certificate of operation for a specific large-load data center. Sets out the ballot language. Provides that if a majority of the votes cast on the proposition are in the affirmative, the political subdivision consents to the Commission issuing a certificate of operation to the large-load data center; if a majority of the votes cast are in the negative, the resolution is void.

    Enacts new GS 113A-8.2 requiring the preparation of an environmental assessment for any application for a certificate of operation, filed with the Commission in accordance with Article 6C above, to construct or operate a large-load facility. Requires the rate schedule to be submitted by the electric public utility by July 1, 2028. Effective January 1, 2029, prohibits an electric public utility from providing electric service to a large-load facility except under the rates approved by the Utilities Commission.

    Part II.

    Requires the Commission to evaluate and modify as necessary existing standby service charges, to encouraging large-load facilities to develop and operate on-site or dedicated generation resources, including renewable energy, energy storage, and combined heat and power generation.

    Amends GS 62-140 by adding that the statute prohibits an electric public utility from entering into agreements with customers or offering or receiving compensation or consideration for implementing a project or measure that reduces grid strain or lowers systemwide costs.

    Part III.

    Amends GS 62-159.1 by prohibiting a public utility or electric membership corporation from suspending or disconnecting service to a residential retail customer during periods of extreme heat or cold. Requires offering customers with delinquent accounts, who have been adversely affected by an extreme weather event, with the option of settling any unpaid balance by using a deferred payment plan. Requires the Commission to adopt rules to implement this provision no later than 180 days after the effective date of this section.

    Part IV.

    Enacts new GS 62-108. Requires electric public utilities to submit to the Commission a proposed grid modernization plan. Requires the utility, in developing the plan, to propose measures to improve system efficiency, reduce energy losses, implement reliability improvements, and facilitate the integration of advanced grid technologies. Requires the Commission to hold a public hearing on an electric public utility's proposed grid modernization plan in the year a biennial integrated resource plan is filed and allows holding one in a year that an annual update of an integrated resource plan is filed. Requires considering the utility's grid modernization plan when acting upon any petition by the utility for a certificate to construct a new transmission line.

    Amends GS 62-102 by requiring an applicant for the certificate described in GS 62-101 (certificate to construct transmission line) to include in its application a statement on the proposed action's consistency with the electric public utility's grid modernization plan.

    Amends GS 62-105 by adding to the items that must be shown to grant a certificate for the construction, operation, and maintenance of the proposed transmission line, to include that the proposed transmission line is consistent with the grid modernization plan and will result in either long-term consumer cost-savings or measurable reliability improvements.

    Part V.

    Enacts new GS 62-55 requiring public utilities to include on any bill for services charged to a customer a clear and concise statement of each applicable rate schedule, rider, surcharge, or tax that factors into the computation of the amount charged by the public utility to the customer. Requires each one to contain the apportioned amount charged to the customer for that billing period. Requires the Commission to develop a standardized billing format to be used by public utilities in compliance with the requirements. Requires the Commission to adopt rules to implement these provisions no later than 180 days after the effective date of this section.

    Part VI.

    Appropriates $5 million in recurring funds from the General Fund to the Commission beginning in 2026-27 to be used for purposes consistent with this act, including administering the certification requirements for large-load customers, reviewing electric public utilities' grid modernization plans, enforcing consumer protection laws, and conducting data analysis on utility rates. Effective July 1, 2026.