Data Center Fair Share Act
Latest action (8 Sep 2026): Introduced
What this bill does
H.R. 10322, the Data Center Fair Share Act, would amend the Public Utility Regulatory Policies Act of 1978 to create a federal ratemaking standard requiring that "large-load customers"—non-residential electricity users whose facilities draw 100 megawatts or more of peak demand at a single site—pay the full, incremental cost of any generation, transmission, or distribution upgrades needed to serve them. Utilities would have to collect these costs upfront, through a construction contribution or by assigning costs to a class of large-load customers, before making such upgrades, and these costs would still apply even if the customer later ends its contract or stops purchasing power.
The bill affects state utility regulators, electric utilities (both regulated and nonregulated), and large electricity users such as data centers. States and regulators would have one year after enactment to begin considering the standard and two years to complete a formal determination on adopting it, unless a state had already implemented a comparable standard or had its legislature vote on one before enactment.
To enforce compliance, the bill would amend federal highway law so that the Secretary of Transportation withholds 100% of a state's federal highway apportionment funds starting in the first fiscal year after enactment if the state has not implemented the required standard. The bill was introduced on September 8, 2026, and referred to the House Committees on Energy and Commerce and on Transportation and Infrastructure; no further action has occurred.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on September 8, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does H.R. 10322 do?
- H.R. 10322, the Data Center Fair Share Act, would amend the Public Utility Regulatory Policies Act of 1978 to create a federal ratemaking standard requiring that "large-load customers"—non-residential electricity users whose facilities draw 100 megawatts or more of peak demand at a single site—pay the full, incremental cost of any generation, transmission, or distribution upgrades needed to serve them. Utilities would have to collect these costs upfront, through a construction contribution or by assigning costs to a class of large-load customers, before making such upgrades, and these costs would still apply even if the customer later ends its contract or stops purchasing power. The bill affects state utility regulators, electric utilities (both regulated and nonregulated), and large electricity users such as data centers. States and regulators would have one year after enactment to begin considering the standard and two years to complete a formal determination on adopting it, unless a state had already implemented a comparable standard or had its legislature vote on one before enactment. To enforce compliance, the bill would amend federal highway law so that the Secretary of Transportation withholds 100% of a state's federal highway apportionment funds starting in the first fiscal year after enactment if the state has not implemented the required standard. The bill was introduced on September 8, 2026, and referred to the House Committees on Energy and Commerce and on Transportation and Infrastructure; no further action has occurred.
- Has H.R. 10322 become law?
- Not yet. As of 8 Sep 2026, H.R. 10322 is introduced.
- Who sponsored H.R. 10322?
- H.R. 10322 was sponsored by Rep. Suhas Subramanyam [D-VA10] (Democrat-VA), with 0 cosponsors.
- What's the latest action on H.R. 10322?
- Introduced (8 Sep 2026).
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