SF 3444

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/27/2025 10:36 p.m.

A bill for an act
relating to energy; excluding data centers from gross annual retail energy sales for
energy conservation and optimization purposes; amending Minnesota Statutes
2024, section 216B.2402, subdivision 10, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 216B.2402, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Data center. new text end

new text begin "Data center" means a freestanding structure that primarily
contains electronic equipment used to process, store, and transmit digital information.
new text end

Sec. 2.

Minnesota Statutes 2024, section 216B.2402, subdivision 10, is amended to read:

Subd. 10.

Gross annual retail energy sales.

"Gross annual retail energy sales" means
a utility's annual electric sales to all Minnesota retail customers, or natural gas throughput
to all retail customers, including natural gas transportation customers, on a utility's
distribution system in Minnesota. Gross annual retail energy sales does not include:

(1) gas sales to:

(i) a large energy facility;

(ii) a large customer facility whose natural gas utility has been exempted by the
commissioner under section 216B.241, subdivision 1a, paragraph (a), with respect to natural
gas sales made to the large customer facility; and

(iii) a commercial gas customer facility whose natural gas utility has been exempted by
the commissioner under section 216B.241, subdivision 1a, paragraph (b), with respect to
natural gas sales made to the commercial gas customer facility;

(2) electric sales to:

(i) a large customer facility whose electric utility has been exempted by the commissioner
under section 216B.241, subdivision 1a, paragraph (a), with respect to electric sales made
to the large customer facility; and

(ii) a data mining facility new text begin or data center new text end , if the facility new text begin or center new text end :

(A) has provided a signed letter to the utility verifying the facility meets the definition
of a data mining facility; and

(B) imposes a peak electrical demand on a consumer-owned utility's system equal to or
greater than 40 percent of the peak electrical demand of the system, measured in the same
manner as the utility that serves the customer facility measures electric demand for billing
purposes; or

(3) the amount of electric sales prior to December 31, 2032, that are associated with a
utility's program, rate, or tariff for electric vehicle charging based on a methodology and
assumptions developed by the department in consultation with interested stakeholders no
later than December 31, 2021. After December 31, 2032, incremental sales to electric
vehicles must be included in calculating a public utility's gross annual retail sales.