Congress shifts data center power costs from households to tech giants
H.R. 8033 — No Harm Data Centers Act · Filed by Greg Landsman (D-OH) · 1 cosponsor · Introduced Mar 20, 2026 · Referred to committee
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What it does
This bill requires large data centers (those using over 50 megawatts of electricity) to pay the full cost of building and upgrading electrical infrastructure needed to serve them, rather than spreading those costs to residential and small business customers. It also gives the Federal Energy Regulatory Commission authority to set data center electricity rates and bans nondisclosure agreements that would prevent public officials from discussing data center construction impacts.
Why we flagged it
The bill's core function is reallocating electricity infrastructure costs from general ratepayers to data centers and increasing transparency around data center siting by voiding predispute NDAs. It is regulatory reform, not a subsidy or carve-out.
What the text implies
- The 50 MW threshold may exclude smaller data centers from cost-allocation rules, potentially allowing mid-size facilities to still shift some costs to general ratepayers.
- The bill exempts electric cooperatives, state-owned utilities, TVA, and federal power marketing administrations from the cost-allocation requirement, creating a patchwork where some utilities face stricter rules than others.
The full analysis lists 5 implications of this text.
Who stands to gain
residential electricity customers; small commercial electricity customers; electric utilities (reduced cost-shifting liability)