Scope
New York Assembly Bill A9039-B (same as Senate Bill S8540-A), 2025-2026 session, titled the "accountability of costs for data centers act", would amend Public Service Law section 65 so that the Public Service Commission requires each electric corporation, gas corporation and municipality to establish a separate classification of service for "large energy use facilities", assigning to that class the costs of serving them. The bill defines those facilities as sites with a peak demand of twenty megawatts or more used for computing infrastructure, data processing services, web hosting services, streaming support services or other related services.
- Geographic scope
- New York
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- New York State Legislature
Dates
- Adopted
- No adoption day is recorded
- Effective
- Not enacted
- Scheduled expiration
- None scheduled
- Ended
- Not recorded as ended
- Completion condition
- None stated
- Source document
- The source page states no document date
- Last checked
- 1 October 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
New York A9039-B/S8540-A, the Accountability of Costs for Data Centers Act, would require utilities to put facilities of twenty megawatts or more used for computing, data processing or web hosting into their own rate class that bears the costs of serving them. The Assembly page shows the bill advanced to third reading on 15 January 2026 and amended on third reading on 1 June 2026, and it shows no Assembly passage; the Senate history of S8540-A was not opened. It is a pending proposal with no legal effect.
What this does not establish
- The bill's operative term is "large energy use facilities"; it reaches data centers through its short title and a definition based on computing infrastructure, data processing and web hosting uses at twenty megawatts or more, not through the words "data center" in the operative clause.
- The primary source is the New York Assembly bill text page; nysenate.gov returns HTTP 403 to automated requests, so the Senate history of S8540-A was not opened.
- New York's 2025-2026 legislative term runs through 31 December 2026, so a bill without further action is still pending, not failed, on 23 September 2026.
- The bill text says any new or revised service classification or adjustment mechanism it authorizes would not take effect on or before 1 June 2027.
Unresolved questions
None recorded.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A09039&term=2025&Text=Y
- New York Assembly bill summary and actions, A09039 records the bill status and actions