New Jersey legislators have advanced a bill that would protect ratepayers from rate hikes triggered by data center development as the state looks for ways to add generation capacity, boost its infrastructure and curb energy use.
A Senate and an Assembly committee each backed S731. It would require the New Jersey Board of Public Utility (BPU) to develop a tariff to set special rates for “large load data centers” with a maximum monthly demand of at least 100 MW.
Also moving ahead were unrelated bills to require data centers to report their water and electricity use, to boost solar development and to study how advanced transmission technologies can help the state. The BPU also announced rates would be flat in the next period, which starts June 1.
The tariff set up by the BPU under S731 would shelter ratepayers from rate increases stemming from “increased electricity demand caused by large load data centers.” The tariff also should “incentivize large load data centers to develop and utilize methods to increase energy efficiency, including through the use of technologies that capture and utilize the heat produced by the large load data center.”
To submit a commentary on this topic, email forum@rtoinsider.com.
To make sure investments in the state yield their full potential benefits over time, the legislation requires the state’s four utilities to ensure data centers provide financial guarantees they will “take at least 85% of service they request for a period of not less than 10 years.” Data centers must show the proposed project is “unique and not duplicative of any other large load data center project” in or out of state.
The Senate Economic Growth Committee backed the bill 3-1. The Assembly Telecommunications and Utilities Committee backed a version 9-0 after testimony that showed vigorous support for the legislation.
Data Center Reporting Requirements
Preparing for the predicted dramatic increase in data centers and ensuring they pay for themselves without overly burdening ratepayers is central to the state’s efforts.
Analysts say one cause for the predicted energy shortfall is that the state, like others in PJM, has closed aging, fossil-fueled resources more rapidly than new, mainly clean energy sources have come online.
In a separate vote that also focused on data centers, the Senate Environment and Energy Committee backed S3379, which would require data center owners or operators to compile a water and energy use report to the BPU every six months. The BPU would publish the information, according to the bill, which passed without comment.
The data center tariff, while drawing mainly supportive testimony, demonstrated the complexity of the issue. Some legislators expressed concern that the state should avoid creating obstacles that could deter data centers from coming to the state, but most speakers focused on ratepayer benefits.
“Ultimately, this is about cost fairness for the people of New Jersey,” said Assemblyman David Bailey Jr. (D), a bill sponsor and committee member. “This is about us looking out for our constituents and their best interests and the overall health of New Jersey electrical grid.”
Zach Landesini, a resident of Vineland, N.J., said he sees the need for the legislation in the experience of his community with the development of a 700,000-square-foot data center by Data One, whose website says it will use 350 MW of power. Landesini said he envisions scenarios that emerge, and which the bill could address.
He said the project will draw 15% of its power from the local grid, and added: “What would happen if Data One needed to draw a larger portion of their power from the local grid?”
“How would this affect local ratepayers?” he asked. “This could happen for a variety of reasons, including technical deficiencies in power generation, and site expansion.”
Supply Side Pressure
Brian O. Lipman, director of the New Jersey Division of Rate Counsel, also backed the bill, but acknowledged that it couldn’t shield ratepayers from all the cost hikes associated with a data center. One committee member asked him how the state could calculate the increased cost of power when rates increased due to a data center pulling a large volume of power from the grid, effectively reducing the supply for everyone else.
“On the supply side, there’s not a lot we here can do, other than if we want to build generation somehow to add more supply,” he said. “What we can do is, and what we are doing is, we’re pressuring PJM: First of all, don’t sign up a data center if you don’t have the power to serve them.”
He noted that an alternative, outlined in a separate bill, would require new data centers to “bring their own generation.” But if New Jersey passed such a law and other states in PJM do not, data center developers would simply build outside of New Jersey, which nevertheless would bear that cost through its participation in the RTO, he said.
Harnessing New Technology
The debate over how the state addresses the looming energy shortfall, and the added pressure on generation and grid systems from data centers, stepped up in earnest in June 2025, when a 20% rate hike on the average electricity bill took effect.
Gov. Mikie Sherrill (D), who took office in January, pledged in her election campaign to freeze rates. Her first executive orders upon taking office laid out a range of measures designed to do so and boost state generating capacity, in part by accelerating solar development. (See New N.J. Governor Rapidly Confronts Electricity Crisis.)
In that vein, the Assembly Telecommunications and Utilities Committee moved ahead a bill, A3969, that would extend the state’s current goal of incentivizing 3,750 MW of solar power by 2026 to one of incentivizing 750 MW of power per year through 2035.
The Senate Economic Development committee backed a bill that seeks to prepare the state’s infrastructure for future stress by using advanced transmission technologies (ATT). S2189 would require the BPU to evaluate the “attributes, functions, costs and benefits of ATT” and look at whether it could “enable an electric public utility to provide safe, reliable and affordable electricity to its customers, considering existing and planned transmission infrastructure and projected demand growth.”
The bill defines ATT as any software or hardware technology that increases the capacity, efficiency, reliability or safety of an existing or new electric transmission facility, including grid-enhancing technology and advanced or high-performance conductors.
Rate Hikes Temporarily Avoided
BPU President Christine Guhl-Sadovy announced the results of the state Basic Generation Service auction conducted in early February. The results, which largely are shaped by the PJM capacity auction, will mean the average electricity bill stays roughly the same when the new rates take effect June 1.
The minimal increase or slight decline for some ratepayers depending on their utility is due largely to a “collar” PJM agreed to place on its prices, limiting their increase, because of lawsuits filed by New Jersey and other states. Sherrill has advocated for an extension of the collar, Guhl-Sadovy said.
“I think we would anticipate there to be a higher price if we don’t have a collar,” she said. “Because we have significant load growth and so we need to get more generation and more capacity through things like demand response in order to meet that kind of load growth.”
She acknowledged the collar is a temporary measure and the trajectory of future rates is primarily in the hands of PJM. And she noted that Gov. Sherill outlined a series of initiatives to hold down rates and increase generation capacity in her first two executive orders. They included boosting solar and battery storage power and creating a virtual power plant strategy.
“Those things will not have an overnight impact on capacity prices, but they will certainly put downward pressure on capacity prices, because we will have more generation bidding into the capacity market,” she said.