Senator Sutton proposes the following amendment (SJ-5122.PB0004S):

Amend the bill, as and if amended, SECTION 1, by striking Section 58-9-3100(C)(1) and (3) and inserting:

  (1) For purposes of this subsection, "data center" "Data center" means a facility, campus of facilities, or array of electronically interconnected facilities under a single electric supply agreement in this State used by an entity or other business enterprise to operate, manage, or maintain a computer, group of computers, or other organized assembly of hardware and software for the primary purpose of storing, retrieving, or transmitting data, other than facilities owned or operated by a telecommunications company as defined in Section 58-9-2200 or facilities that primarily support telecommunications service or network operations, that has a peak demand of fifty ten megawatts or greater, and that becomes a customer of an electric service provider after December 31, 2026.
  (3)(2) For purposes of calculating peak demand under this definition, peak demand shall be determined according to the contract between the energy user and the electric service provider, and the possibility or occurrence of energy usage which temporarily exceeds ten megawatts shall not cause a commercial data center to fall under this definition where contractual peak demand is less than ten megawatts.

Renumber sections to conform.

Amend title to conform.