US HB8033

FERC gains sole authority 90 days after enactment to approve retail electricity rates charged to data centers with peak demand exceeding 50 megawatts, overriding traditional state jurisdiction over retail rates

Data center electricity rates must include full costs of constructing, upgrading, and expanding transmission, distribution, and generation facilities needed to interconnect data centers and maintain grid reliability

Electric utilities are prohibited from shifting data center-related infrastructure costs onto residential and small commercial customers through their retail rates

Violations of the data center provisions carry civil penalties of up to $10 million per day, significantly higher than standard Federal Power Act violations

Predispute nondisclosure clauses in data center construction contracts are unenforceable against elected public officials at federal, state, or local levels

EPA must contract with the National Academies to assess data center environmental and public health impacts—including noise, air pollution, water use, carbon emissions, and electronic waste—and submit findings within 180 days