HB 6264

HOUSE BILL NO. 6264
A bill to require data centers to meet certain energy
standards; to provide for the powers and duties of certain state and local governmental
officers and entities; to prescribe civil sanctions; and to provide for the
promulgation of rules.
the people of the state of michigan enact:
Sec.
1. This act may be cited as the "data center energy standards act".
Sec. 3. As used in this
act:
(a) "Clean energy" means that term as defined in
section 3 of the clean and renewable energy and energy waste reduction act,
2008 PA 295, MCL 460.1003.
(b) "Commission" means the Michigan public service
commission created in section 1 of 1939 PA 3, MCL 460.1.
(c) "Data center" means a facility in this state
that is composed of 1 or more buildings and that is designed and intended for
housing, and does house, data center equipment to centralize the storage and
processing of data.
(d) "Person" means an individual or a partnership,
corporation, limited liability company, association, governmental entity, or
other legal entity.
(e) "Renewable energy" means that term as defined in
section 11 of the clean and renewable energy and energy waste reduction act,
2008 PA 295, MCL 460.1011.
Sec. 5. (1) By not later than January 1, 2040, the owner or
operator of a data center shall procure clean energy or renewable energy for
the data center equivalent to 100% of the data
center's energy use on an annual basis.
(2) The clean energy or renewable energy required under
subsection (1) may be procured through on-site generation, power purchase
agreements, or other energy instruments, credits, or contracts that are
approved by the commission under subsection (3).
(3) The owner or operator of a data center may submit a
proposed instrument, credit, or contract to the commission for approval. The
commission shall approve the proposed instrument, credit, or contract if the
commission determines that the energy procured through the instrument, credit,
or contract will be clean energy or renewable energy.
Sec. 7. A person that
violates section 5 is subject to a civil fine of not
more than $10,000.00 for each day the violation occurs or the failure to comply
continues. The prosecutor of the county in which the violation occurred or the
attorney general may bring an action to collect the civil fine. In an action
brought under this section, the court must consider a recommendation made by
the commission regarding whether the violation occurred or continued for a
specified number of days. A civil fine collected under this section must be
deposited in the general fund.
Sec. 9. The commission may
promulgate rules to implement this act under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1.
This act does not take effect unless all of the following bills of the 103rd
Legislature are enacted into law:
(a) House Bill No. 6135.
(b) House Bill No. 6136.
(c) House Bill No. 6137.
(d) House Bill No. 6138.
(e) House Bill No. 6139.
(f) House Bill No. 6140.
(g) House Bill No. 6141.
(h) House Bill No. 6142.