SB 730: Ratepayer Protection Act. - North Carolina

Edition 4 → Edition 5 · 4 edits

MODERATE

The bill was updated from Edition 4 to Edition 5, primarily by replacing a strict mandate for closed-loop cooling with a flexible rulemaking process that allows for reclaimed water systems. Additionally, the definition of a 'data center' was expanded to explicitly exclude facilities where data processing is incidental to other business activities, and the list of prohibited foreign nations was updated to include Iran.

Scope change

The bill's scope shifted from a rigid requirement for specific cooling technology to a broader standard enforced by the Department of Environmental Quality, and the definition of covered facilities was narrowed to exclude incidental data processing.

REQUIREMENT

Changed the cooling system requirement from a mandatory 'closed-loop' system to a flexible standard allowing the Department to adopt rules requiring closed-loop or reclaimed water systems based on local water availability.

DEFINITION

Added language to the definition of 'data center' to explicitly exclude facilities where data processing is incidental to a business whose primary activity is not data storage or processing.

TIMELINE

Set a specific deadline of September 1, 2026, for the Department of Environmental Quality to adopt permanent rules implementing the new water use standards.

SCOPE

Expanded the list of 'adversarial nations' prohibited from owning data centers to include Iran, in addition to China.

Edition 3 → Edition 4 · 4 edits

MODERATE

The bill now requires site assessments for data centers seeking building permits, not just zoning approvals, and expands the definition of a data center to include those primarily storing or managing digital data. Additionally, the water conservation rules now apply to facilities that have not yet received local development approvals or state permits, closing a potential loophole for existing projects.

Scope change

The bill's scope expanded to include building permits alongside zoning applications, and the applicability of water conservation rules was extended to cover projects that have not yet secured local or state permits.

REQUIREMENT

Site assessment requirements now apply to building permits in addition to rezoning, special exceptions, and conditional use permits.

The exemption for expanding existing facilities was moved to Section 1(d) and no longer appears in the deleted Section 1(c) text.

DEFINITION

The definition of a data center was updated to explicitly include facilities used for the primary purpose of storing, retrieving, managing, and processing digital data.

ELIGIBILITY

Water conservation requirements now apply to data centers for which no local development approvals or state permits have been issued, rather than only those under construction.

Edition 2 → Edition 3 · 6 edits

MODERATE

The bill was completely rewritten to shift focus from expanding renewable energy standards to regulating high-impact data centers. The new version imposes strict siting requirements, mandates closed-loop cooling systems to save water, and prohibits foreign ownership of data centers by adversarial nations.

Scope change

The bill's scope changed from a general energy portfolio expansion to specifically targeting large-scale data centers (100+ megawatts) and their associated land use.

SCOPE

Removed all provisions related to expanding the Clean Energy Portfolio Standard to include nuclear and large hydroelectric facilities.

Prohibited ownership of data centers and the land they occupy by governments or entities from 'adversarial nations,' specifically listing China as an example.

REQUIREMENT

Added a requirement for local governments to approve site assessments for new data centers, specifically examining noise impacts on nearby homes and schools.

Mandated that all data centers must use closed-loop or liquid cooling systems to minimize water consumption, banning evaporative cooling.

ELIGIBILITY

Defined 'data center' for the bill as any facility with a peak monthly electricity demand of 100 megawatts or greater.

TIMELINE

Changed the effective date logic; the new cooling requirements apply to construction starting on or after the law's enactment, whereas the old bill had a simple 'when it becomes law' clause.

Edition 1 → Edition 2 · 1 edit

MINOR

The bill was updated to a second edition with minor formatting corrections, such as removing a stray ellipsis and fixing a repetitive word in the definition of a 'renewable energy facility.' No substantive policy changes, funding adjustments, or eligibility criteria were altered.

TECHNICAL

A stray ellipsis ('...') was removed from the end of a list item in the definitions section, and a duplicate word ('facility facility') was corrected in the definition of 'renewable energy facility'.

A1: ARI-123-V-7 → Edition 1 · 4 edits

MODERATE

The bill was converted from an amendment document to a standalone legislative text. The substantive policy content was removed, eliminating provisions that would have expanded the Clean Energy Portfolio Standard to include nuclear and hydroelectric facilities and established strict water use rules for large data centers.

Scope change

The bill's scope changed from a comprehensive regulatory update to an empty legislative framework with no operative sections.

SCOPE

Removed the definition of 'new clean energy facility' that would have included existing nuclear and large hydroelectric power plants.

REQUIREMENT

Removed the requirement for the Department to adopt rules mandating closed-loop or reclaimed water systems for data centers with high electricity demand.

DEFINITION

Removed the specific definition of 'data center' that set a 100 megawatt threshold and excluded incidental electronic equipment.

TIMELINE

Removed the deadline for the Department of Environmental Quality to adopt permanent water use rules by September 1, 2026.

A1: ARI-32-V-2 → A1: ARI-123-V-7 · 4 edits

MODERATE

The bill was updated from Amendment 32 to Amendment 123, shifting the sponsor from Senator Jarvis to Representative Arp and extending the effective date from 2025 to 2026. The most significant change is the addition of new water use standards for data centers, which now require facilities with a peak monthly electricity demand of 100 megawatts or greater to use closed-loop or reclaimed water systems and are prohibited from using evaporative cooling systems. The definition of 'data center' was also expanded to include facilities with a monthly electricity demand of 100 megawatts or greater.

Scope change

The bill now applies to a broader range of facilities by defining 'data center' to include those with a monthly electricity demand of 100 megawatts or greater, in addition to the previous peak monthly threshold. It also introduces specific water conservation requirements for these facilities.

REQUIREMENT

New water use standards requiring data centers to use closed-loop or reclaimed water systems and prohibiting evaporative cooling systems.

DEFINITION

Definition of 'data center' expanded to include facilities with a monthly electricity demand of 100 megawatts or greater.

TIMELINE

Effective date for the bill extended from 2025 to 2026.

ELIGIBILITY

Threshold for data center classification changed from peak monthly demand to monthly demand of 100 megawatts or greater.

Filed → A1: ARI-32-V-2 · 1 edit

MINOR

The bill was amended to correct a drafting error in the definition of a 'hydroelectric power facility' by removing a redundant word. This technical fix ensures the legal definition accurately describes facilities with 10 megawatts or less without creating a grammatical contradiction.

Scope change

No change to the bill's scope, applicability, or policy intent; the amendment is purely a text correction.

DEFINITION

Corrected a typo in the definition of 'hydroelectric power facility' by deleting the word 'facility' which appeared twice in the same phrase, ensuring the text reads 'a hydroelectric power facility' instead of 'a facility facility'.

Ratepayer Protection Act.

What changed between versions

How they voted

Actions timeline

Sponsors