A 9136: Requires the owner or operator of a new data center to submit to the Public Service Commission a thermal energy network feasibility assessment that identifies potential off-site thermal loads within one mile of the facility; requires that new data centers be designed, constructed, and operated to capture and reuse waste heat generated by computing equipment through a thermal energy network.

  
  STATE OF NEW YORK ________________________________________________________________________ 9136 2025-2026 Regular Sessions  IN ASSEMBLY October 17, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Energy AN ACT to amend the public service law, in relation to requiring new data centers to incorporate thermal energy networks The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 66-x to read as follows: 3 § 66-x. Thermal energy network requirements for data centers. 1. Defi- 4 nitions. For the purposes of this section: 5 (a) "Data center" shall mean a facility with a total aggregate infor- 6 mation technology (IT) load greater than one megawatt, primarily used to 7 house computer systems, associated components, and networking equipment. 8 (b) "Thermal energy network" shall have the same meaning as described 9 in section sixty-six-t of this article, as added by chapter three 10 hundred seventy-five of the laws of two thousand twenty-two. 11 (c) "Major expansion" shall mean any increase in a facility's aggre- 12 gate IT load by twenty-five percent or more. 13 2. Applicability. The provisions of this section shall apply to: 14 (a) all data centers for which initial construction permits are issued 15 on or after January first, two thousand twenty-seven; and 16 (b) any major expansion of an existing data center for which permits 17 are issued on or after such date. 18 3. Feasibility assessment. Prior to the issuance of a construction 19 permit for a facility subject to this section, the owner or operator 20 shall submit to the commission a thermal energy network feasibility 21 assessment prepared by a licensed engineer. The assessment shall identi- 22 fy potential off-site thermal loads within one mile of the facility and 23 evaluate the technical and economic feasibility of interconnection, 24 including cost estimates and potential partners. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13682-01-5 
 A. 9136 2 1 4. Thermal energy network requirement. (a) Each applicable data center 2 shall be designed, constructed, and operated to capture and reuse waste 3 heat generated by computing equipment through a thermal energy network, 4 unless the commission determines through the feasibility assessment 5 process that such interconnection is technically infeasible or would 6 impose an undue economic hardship. 7 (b) Where initial interconnection is determined to be infeasible, the 8 facility shall be constructed in a manner that preserves the ability to 9 connect to a thermal energy network in the future, including the instal- 10 lation of thermal recovery equipment, interface points, and reserved 11 space for connection infrastructure. 12 5. Clustered and shared networks. Two or more facilities located with- 13 in two miles of each other may satisfy the requirements of this section 14 by participating in a shared thermal energy network serving multiple 15 thermal loads. 16 6. Standards and implementation. (a) The commission, in consultation 17 with the New York state energy research and development authority, 18 shall, within eighteen months of the effective date of this section, 19 adopt rules establishing: 20 (i) minimum thermal energy recovery performance standards; 21 (ii) interconnection and metering requirements; and 22 (iii) reporting protocols for heat recovery and reuse. 23 (b) The commission shall maintain and publish a statewide map identi- 24 fying potential thermal energy network opportunities and nearby high- 25 density thermal loads to guide facility siting and interconnection plan- 26 ning. 27 7. Reporting. Each facility subject to this section shall annually 28 report to the commission the amount of thermal energy recovered, 29 distributed, and reused, and any barriers encountered in achieving full 30 compliance. 31 § 2. This act shall take effect immediately and shall apply to any 32 qualifying facility or expansion for which a construction permit is 33 issued on or after January 1, 2027.