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North Carolina Considers Electricity Rules for Data Centers

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North Carolina Considers Electricity Rules for Data Centers
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North Carolina lawmakers and state officials are advancing new electricity rules for large data centers as AI-driven demand strains the grid. The state's Energy Policy Council Load Growth Task Force met to examine options including a mandatory "large-load tariff," special rate classes, on-site power generation requirements, minimum monthly bills, and exit fees, WRAL reports. Duke Energy says data centers account for more than 85% of projected load growth from new economic development projects, according to WRAL. The NC House passed SB 730 (Ratepayer Protection Act) 69-44 in early June 2026, WRAL and NC Newsline report -- the bill targets facilities above 100 MW, mandates 15-year utility contracts, bans evaporative/open-loop cooling, and requires developers to cover grid upgrade costs; it now awaits Senate action. A parallel measure, HB 1063 (Ratepayer and Resource Protection Act), would require facilities above 40 MW to generate at least 25% of power on-site from clean energy. More than 20 data center announcements have landed since the start of 2025, and local governments across the state have enacted temporary moratoriums on new facilities, Carolina Public Press reports.

What happened

North Carolina is advancing new electricity rules for large data centers as AI-driven computing accelerates power demand. The state's Energy Policy Council Load Growth Task Force met to discuss policy options, WRAL reports. Options under discussion include a mandatory "large-load tariff," separate rate classes for major consumers, minimum monthly bills, exit fees when projects cancel, and on-site power generation requirements. Duke Energy says data centers account for more than 85% of projected load growth from new economic development projects in North Carolina, per WRAL.

SB 730 -- Ratepayer Protection Act

The NC House passed SB 730 by a 69-44 vote in early June 2026, WRAL and NC Newsline report; the bill now awaits Senate action. Key provisions: applies to facilities with peak monthly demand above 100 MW; requires 15-year minimum utility contracts with minimum billing; mandates closed-loop cooling systems (banning open-loop and evaporative alternatives); requires developers to cover grid expansion, transmission upgrades, and new generation costs directly, rather than socializing those costs across all ratepayers. Critics warn a provision blocking Duke Energy from retiring older coal plants until a 1 GW+ nuclear facility is approved could prolong reliance on expensive coal generation, per NC Newsline and Inside Climate News.

HB 1063 -- Ratepayer and Resource Protection Act

A separate House measure, HB 1063, targets facilities with peak demand above 40 MW. It would eliminate the state sales tax exemption for qualifying data centers, require public reporting of electricity and water consumption, and mandate that facilities above the 40 MW threshold generate at least 25% of power on-site from emissions-free sources, per WUNC and GovTech.

Local pressure

Carolina Public Press reports at least 93 data centers currently operate in North Carolina, with more than 20 announcements since the start of 2025. Municipalities from Charlotte to Boiling Spring Lakes have enacted temporary moratoriums amid community concerns over electricity, water, and local planning capacity.

Why it matters for practitioners

Together, these measures shift commercial risk allocation: minimum billing and long-term contracts reduce utility exposure while raising capital commitment requirements for developers; cooling bans narrow acceptable thermal-management architectures; the 100 MW and 40 MW thresholds determine which builds face the strictest rules; and cost-recovery mechanisms determine whether grid upgrades are socialized or allocated to new customers. Those are structural variables for capacity planning, procurement, and total-cost modeling.

What to watch

Track SB 730 in the NC Senate and any governor action; the outcome of Duke Energy pending rate case filings; and formal recommendations from the Energy Policy Council Load Growth Task Force. Also watch whether regulators adopt a distinct rate class for data centers, technical standards for cooling or on-site generation, and whether HB 1063 advances alongside SB 730.

Key Points

  • 1The NC House passed SB 730 (69-44) in June 2026, requiring 15-year contracts, closed-loop cooling, and developer-paid grid costs for facilities above 100 MW -- now heads to the Senate.
  • 2HB 1063 targets facilities above 40 MW with sales tax removal, public reporting mandates, and a 25% on-site clean-energy generation requirement.
  • 3With 93+ data centers operating and 20+ new announcements since 2025, North Carolina practitioners face rising planning friction from both state rules and local moratoriums.

Scoring Rationale

SB 730 has passed the NC House and awaits Senate action -- materially affecting the economics and design constraints for hyperscale AI deployments in a major US market. The multi-bill, multi-level policy push (state legislature + local moratoriums + utility rate cases) makes this a notable infrastructure policy story beyond the regional level, though global impact is limited.

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