New Jersey legislators have backed a bill that would require operators of artificial intelligence data centers and crypto mining facilities to run them with clean energy and submit an energy use plan to the state.
The requirements were spelled out in a bill, S680, approved by the Senate Environment and Energy Committee. The bill also would require the ventilation and cooling systems of data centers to be designed to minimize the energy used to cool computers and to optimize water use. The bill would require the operator to use heat generated by the computers for water or space heating.
The bill was one of several promoting clean energy backed by assembly or senate committees in recent days that seek to harness renewable energy to halt the increase in the state’s electricity rates and counter the predicted future shortfall of energy that is driving them. (See Departing N.J. Governor Touts Clean Energy to Solve State Power Woes.)
Other clean energy bills that secured committee approval included one that would exempt portable solar generation devices — known as “plug-in solar” — from “certain interconnection, net metering and other requirements.” Another bill would weaken the permit laws that make it difficult to develop a coastal nuclear generator.
A third bill would create a $15 million fund to provide grants to public schools for solar energy projects. A fourth bill would require the state to work with its neighbors to study alternatives to participating in the PJM grid.
Sen. Bob. Smith (D), the committee chairman and a bill co-sponsor, called the sourcing of power for data centers and similar heavy energy users a “huge issue.” He also said heavy energy users should be told “you gotta bring your own electricity, or build your own electricity, or come in contract with a new power plant that’s going to provide electricity. We, the ratepayers, shouldn’t be paying for it.”
Bold Step, or Overstep
Allison McLeod, interim executive director of the New Jersey League of Conservation Voters, called the bill “a bold and necessary step to protect New Jersey’s working families and local businesses from being forced to bear the cost of the global data center boom.”
“We cannot allow Big Tech to drive our electricity rates sky-high and strain our state’s infrastructure while padding corporate profits,” she said.
Ray Cantor, a lobbyist for New Jersey Business and Industry Association, one of the state’s largest trade groups, said he did not disagree that large energy users should bring their own power. Though the bill does not require that, he said “it is inferred” users would be required to use 100% clean energy.
“The major concern we have with this legislation is its emphasis on clean energy,” he said. “Data centers need to run 24/7, 365. You cannot do that with renewables alone.”
He suggested the clean energy requirement be removed from the bill and the sponsors recraft it as a “bring your own type of solution,” promoting renewable sources alongside natural gas and other generation sources.
Plug-in Solar
Several of the bills that advanced echoed Gov. Mikie Sherrill’s (D) championing of solar, a central element in her plan to develop additional electricity generation sources. (See New N.J. Governor Rapidly Confronts Electricity Crisis.)
The Senate Environment and Energy Committee backed a bill S2368, which would make it easier to use “portable solar generation devices” and exempt from certain state rules and regulations.
These devices, of 1,200 watts or less, are “designed to be connected to a building’s electrical system through a standard 120-volt alternating current outlet,” according to the bill. Smith, who co-sponsored the bill, said they are known in Europe as “balcony solar.”
“European residents are dealing with their energy issues by buying their own solar panel, plugging it in as a source of electricity for their home,” he said. “And that, of course, takes some pressure off the grid, as well as provides clean, renewable electricity for their home.” Sen. John F. McKeon (D), also a bill co-sponsor, said the devices can cut a household electricity bill by as much as 20%.
The bill would exempt users from requirements that they “obtain or execute interconnection agreements prior to operating the device,” and net metering requirements. The bill also would exempt an operator from needing to obtain the utilities’ approval before installing or using the device.
Elowyn Corby, Mid-Atlantic regional director for Vote Solar, a solar lobbying group, welcomed the state’s focus on “plug-in solar” devices, describing them as small solar arrays that set up on a balcony, in a window or a yard and can democratize the sector.
“This is about power in both senses of the word,” she said. “It’s about generating your own electricity. But it’s also about giving families more agency in our energy future.”
Increasing Solar Project Size
The Senate committee also backed S1815, which would allocate $15 million to a Board of Public Utilities-managed program that would provide grants to schools for solar energy projects, in part to help reduce costs.
A second solar bill endorsed by the committee, S3183, would modify provisions in state solar incentive program laws to allow two projects to “co-locate” on the same property. The legislation also would temporarily — until December 2028 — allow projects of up to 20 MW to participate in the community solar program if they are on landfills, brownfields, contaminated sites or mining sites. The current maximum project size is 5 MW.
The same bill also would change state law governing the net metering program to “raise the maximum size of projects allowed in the program” from 5 MW in direct current to 20 MW in alternating current. An identical bill was approved by the Assembly Telecommunications and Utilities Committee on March 13.
Lyle Rawlings, president of the Mid-Atlantic Solar and Storage Industries Association, said the legislation is an example of “taking off the handcuffs” of the solar sector and called it an important step toward creating an “all-of-the-above energy solution” that includes solar.
“For a long, long time, there have been all sorts of handcuffs holding back solar development, including and especially the most cost-effective solar developments which are the large scale (projects) — especially large scale behind the meter,” he said. “This bill does some correction of that.”
Joseph Gurrentz, a lobbyist for the New Jersey Utilities Association, said the organization has reservations that need to be addressed before it could be “neutral” on the bill. One of them was the proposal to allow co-location of solar projects.
“The language would allow what is effectively a larger generation project to be divided into multiple smaller projects, so that each portion would qualify for a higher incentive level,” said Gurrentz, speaking to the Telecommunications and Utilities Committee. “And from a ratepayer perspective, this could mean that subsidy costs would increase without increasing the amount of energy that is provided.”
Noting the bill likely would trigger a surge in interconnection engineering studies, he also suggested utilities should be able to “recover the full cost of those studies from the developer requesting the interconnection.”
Alternatives to PJM
The committee approved A4528, which would modify the state’s Coastal Area Facility Review Act, to make it easier to develop nuclear facilities along the coastline. The bill would enable the state commissioner of the Department of Environmental Protection to grant construction and operation approval if the nuclear waste disposal method to be used met the standards established by the Nuclear Regulatory Commission.
Another bill backed by the committee, A3967, would require New Jersey to work with neighboring states to study and make suggestions on collective action to resolve the current energy shortfall. Among the proposals to be studied is a proposal that “any electric load serving entity” should show that it has contracted for 80% of its needed capacity for five years.
Other suggestions to be studied under the bill are whether New Jersey should withdraw from PJM’s capacity market and “develop a multistate compact” to find an alternative, and the feasibility of the state pulling out of the regional, high-voltage electric transmission grid operated and managed by PJM,” and either establishing a new grid or joining an existing alternative.
Several Telecommunications and Utilities Committee members said the bill should jump-start a needed discussion about the state’s situation, and PJM’s role in it.
“We have no say of the actions of PJM, so I think we need the multistate, regional discussion approach,” said Assemblyman Wayne P. DeAngelo (D), the committee chairman. He described PJM as the “air traffic controllers of the electric generation world.”
“We should be discussing who’s potentially getting data centers, who’s not, where the impact is going to be,” he said. “These discussions aren’t taking place.”