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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1750
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
7195S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 393.130, RSMo, and to enact in lieu thereof two new sections relating to the
regulation of large load electric customers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 393.130, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
393.130 and 393.325, to read as follows:3
393.130. 1. Every gas corporation, every electrical 1
corporation, every water corporation, and every sewer 2
corporation shall furnish and provide such service 3
instrumentalities and facilities as shall be safe and 4
adequate and in all respects just and reasonable. All 5
charges made or demanded by any such gas corporation, 6
electrical corporation, water corporation or sewer 7
corporation for gas, electricity, water, sewer or any 8
service rendered or to be rendered shall be just and 9
reasonable and not more than allowed by law or by order or 10
decision of the commission. Every unjust or unreasonable 11
charge made or demanded for gas, electricity, water, sewer 12
or any such service, or in connection therewith, or in 13
excess of that allowed by law or by order or decision of the 14
commission is prohibited. 15
2. No gas corporation, electrical corporation, water 16
corporation or sewer corporation shall directly or 17
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indirectly by any special rate, rebate, drawback or other 18
device or method, charge, demand, collect or receive from 19
any person or corporation a greater or less compensation for 20
gas, electricity, water, sewer or for any service rendered 21
or to be rendered or in connection therewith, except as 22
authorized in this chapter, than it charges, demands, 23
collects or receives from any other person or corporation 24
for doing a like and contemporaneous service with respect 25
thereto under the same or substantially similar 26
circumstances or conditions. 27
3. No gas corporation, electrical corporation, water 28
corporation or sewer corporation shall make or grant any 29
undue or unreasonable preference or advantage to any person, 30
corporation or locality, or to any particular description of 31
service in any respect whatsoever, or subject any particular 32
person, corporation or locality or any particular 33
description of service to any undue or unreasonable 34
prejudice or disadvantage in any respect whatsoever. 35
4. Nothing in this section shall be taken to prohibit 36
a gas corporation, electrical corporation, water corporation 37
or sewer corporation from establishing a sliding scale for a 38
fixed period for the automatic adjustment of charges for 39
gas, electricity, water, sewer or any service rendered or to 40
be rendered and the dividends to be paid stockholders of 41
such gas corporation, electrical corporation, water 42
corporation or sewer corporation; provided, that the sliding 43
scale shall first have been filed with and approved by the 44
commission; but nothing in this subsection shall operate to 45
prevent the commission after the expiration of such fixed 46
period from fixing proper, just and reasonable rates and 47
charges to be made for service as authorized in sections 48
393.110 to 393.285. 49
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5. No water corporation shall be permitted to charge 50
any municipality or fire protection district a rate for the 51
placing and providing of fire hydrants for distribution of 52
water for use in protecting life and property from the 53
hazards of fire within such municipality or fire protection 54
district. Nothing herein shall prevent such water 55
corporation from including the cost of placement and 56
maintenance of such fire hydrants in its cost basis in 57
determining a fair and reasonable rate to be charged for 58
water. Any such fee or rental charge being made for such 59
fire hydrants whether by contract or otherwise at the time 60
this act shall take effect may remain in effect for a period 61
of one hundred twenty days after this section shall take 62
effect. 63
6. In any home rule city with more than four hundred 64
thousand inhabitants and located in more than one county, 65
any deposits held by the city for any water or sewerage 66
services provided to a customer at any premises shall accrue 67
interest if the customer is current in payments for water 68
and sewerage services and if the city has held the deposit 69
for two or more years. Interest for each year, or part 70
thereof, shall accrue at the rate set for six month United 71
States treasury bills effective December thirty-first of the 72
preceding year. For any deposit held by the city on or 73
before the December thirty-first prior to August 28, 2002, 74
if that deposit is still held by the city on the December 75
thirty-first one year next following August 28, 2002, 76
interest accruing pursuant to this section from the 77
effective date shall be credited to the customer's 78
individual account, or paid to the customer, at the city's 79
discretion. 80
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7. Each electrical corporation providing electric 81
service to more than two hundred fifty thousand customers 82
shall develop and submit to the commission schedules to 83
include in the electrical corporation's service tariff 84
applicable to customers who are reasonably projected to have 85
above an annual peak demand of [one hundred] fifty megawatts 86
or more. The schedules should reasonably ensure such 87
customers' rates will reflect the customers' representative 88
share of the costs incurred to serve the customers and 89
prevent other customer classes' rates from reflecting any 90
unjust or unreasonable costs arising from service to such 91
customers. Each electrical corporation providing electric 92
service to two hundred fifty thousand or fewer customers as 93
of January 1, 2025, shall develop and submit to the 94
commission such schedules applicable to customers who are 95
reasonably projected to have above an annual peak demand of 96
fifty megawatts or more. The commission may order 97
electrical corporations to submit similar tariffs to 98
reasonably ensure that the rates of customers who are 99
reasonably projected to have annual peak demands below the 100
above-referenced levels will reflect the customers' 101
representative share of the costs incurred to serve the 102
customers and prevent other customer classes' rates from 103
reflecting any unjust or unreasonable costs arising from 104
service to such customers. 105
393.325. 1. As used in this section, the following 1
terms mean: 2
(1) "Commission", the Missouri public service 3
commission; 4
(2) "Electrical corporation", the same as defined in 5
section 386.020; 6
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(3) "Large load facility", a facility that centralizes 7
an organization's information technology operations and 8
equipment for storing, managing, processing, and 9
transmitting data. A large load facility contains critical 10
information technology infrastructure, including servers, 11
storage systems, and networking equipment supported by 12
electrical generation, cooling, and security systems; 13
(4) "Public utility", the same as defined in section 14
386.020; 15
(5) "Study costs", a financial analysis, feasibility, 16
and estimation expenses projected to be incurred from 17
planning, constructing, operating, or upgrading a large load 18
facility. 19
2. An owner or operator of a large load facility with 20
an intent to operate the facility in the state after August 21
28, 2026, shall file a disclosure of intent to operate with 22
the commission before signing any binding contract with any 23
public utility. Such disclosure shall include at a minimum: 24
(1) Intent to operate; 25
(2) Geographical location of operation; and 26
(3) Facility specifics as applicable: 27
(a) Predicted energy needs of operation and strategies 28
for effectiveness of use; 29
(b) Projected water usage estimates and strategies for 30
effectiveness of use; 31
(c) Projected total harmonic distortion measurements; 32
(d) Airflow management plan; 33
(e) Cooling system type and plan; 34
(f) Plans for expansion of site; and 35
(g) Plans for onsite power generation. 36
3. During the review process of the disclosure under 37
subsection 2 of this section, the commission shall take into 38
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account the availability of local, state, and regional 39
resources, including the current availability of electric 40
generation, distribution, and transmission infrastructure to 41
operate a large load facility without putting an electric 42
burden on other customers connected to the same electric 43
grid as the proposed large load facility. The commission 44
shall make the disclosure publicly accessible on the 45
commission's website. The commission shall require an owner 46
or operator to include the following in the disclosure: 47
(1) Provide baseline measurements of the proposed site 48
to identify any existing issues with building a large load 49
facility before the site is developed; 50
(2) Provide power generation specifics that the large 51
load facility plans to have on site; 52
(3) Sign an affidavit that the large load facility 53
shall enter into a contract with a public utility; and 54
(4) Show that a large load facility shall have a 55
minimum contract term of twenty years with an electrical 56
corporation and a five-year period of termination with a 57
five-year disconnection notice. 58
4. The commission shall have the authority to approve, 59
provisionally approve with the description of metrics needed 60
for full approval, or deny the disclosure if the large load 61
facility fails to meet the state and regional generation, 62
distribution, or transmission infrastructure requirements. 63
5. Upon approval of the disclosure under subsection 2 64
of this section, an owner or operator of a large load 65
facility shall conduct a preconstruction study of the large 66
load facility and submit the results of the study to the 67
commission. The study shall include, but not be limited to, 68
the following: 69
(1) The use of cooling systems; 70
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(2) Power distribution; 71
(3) Hardware efficiency; 72
(4) Airflow management; 73
(5) Modular design for expansion, if necessary; 74
(6) Onsite power generation plan, if applicable; 75
(7) Water usage effectiveness, including but not 76
limited to: 77
(a) Preconstruction water usage; 78
(b) Preconstruction water availability; 79
(c) Historical and projected weather patterns; 80
(d) Water demand for a data center and demand for the 81
customers in the area who may be impacted; 82
(e) Potential water shortfall plan; 83
(f) Onsite water treatment plan, if applicable; and 84
(g) The use of water on cooling systems, if applicable; 85
(8) Any feedback from the department of natural 86
resources and relevant soil and water conservation district, 87
if any, on the large load facility's water use and the 88
impact on local communities; and 89
(9) Harmonic distortion measurements not to exceed 90
fifty decibels between the hours of 9 a.m. to 9 p.m. and 91
forty-five decibels between the hours of 9 p.m. to 9 a.m. 92
The study under this subsection shall be conducted for the 93
second time after the construction of the large load 94
facility is completed to ensure no deficiencies are present 95
and whether mitigation is necessary. If the 96
postconstruction study shows any deficiencies or 97
disparities, the owner or operator shall pay for any 98
mitigation expenses. Results of the pre and 99
postconstruction studies shall be reported to the commission 100
and shall be made available to the public before and after 101
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construction is completed and annually thereafter in a 102
format determined by the commission. 103
6. After the disclosure under subsection 2 of this 104
section is approved by the commission, an owner or operator 105
of the large load facility shall be required to: 106
(1) Deposit and maintain in a financial institution 107
authorized to do business in the state a sum equal to the 108
total cost of twenty-four months of minimum monthly payments 109
for electric consumption by the large load facility; 110
(2) Provide collateral equal to five years of minimum 111
monthly bills; 112
(3) Pay for the large load facility's electric 113
capacity, including that in the event the large load 114
facility's electric consumption falls below ninety percent, 115
the large load facility shall continue as if the facility is 116
operating at capacity; 117
(4) Cover the costs of transmission network upgrades 118
as necessary; 119
(5) Cover the costs of capital expenditure for any 120
needed infrastructure for generation, distribution, or 121
transmission network upgrades to make such facility 122
operational; and 123
(6) Cover the cost of capital expenditure and 124
maintenance costs of the facility to prevent the degradation 125
of power quality, water quality, and the reduction of 126
harmonic distortion. 127
Costs under subdivisions (4), (5), and (6) of this 128
subsection shall not be shifted to any other class of 129
ratepayers in a general rate proceeding. 130
7. After a large load facility becomes operational, an 131
owner or operator of the facility shall contribute to a 132
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statewide organization aimed at supporting nonprofit 133
organizations operating the federal Low Income Home Energy 134
Assistance Program or the Missouri low-income weatherization 135
assistance program or to the Utilicare plan pursuant to 136
sections 660.100 to 660.136 annually, as follows: 137
(a) A large load facility that consumes between zero 138
to twenty-five megawatts of electricity shall pay two 139
hundred fifty thousand dollars; 140
(b) A large load facility that consumes between twenty- 141
five to fifty megawatts of electricity shall pay five 142
hundred thousand dollars; or 143
(c) A large load facility that consumes more than 144
fifty megawatts of electricity shall pay one million dollars. 145
8. (1) Any large load facility with a peak electrical 146
demand of greater than twenty-five megawatts shall implement 147
an emergency curtailment system for temporary reduction or 148
suspension of electric usage. Such system shall allow an 149
electrical corporation that provides electricity to the 150
facility to temporarily reduce or suspend electric service 151
during firm load emergencies including, but not limited to, 152
low operating energy reserves or rotating electrical outages. 153
(2) A Large load facility under this subsection may 154
switch to backup generation that is self-supported during 155
firm load emergency curtailment procedures. 156
(3) A large load facility under this subsection shall 157
submit annual energy consumption data and emergency 158
curtailment plans to the commission and such plans shall be 159
made available by the commission on the commission's website 160
to the public. 161
(4) A large load facility under this subsection that 162
provides services to entities that provide critical services 163
including, but not limited to, hospitals, long-term care 164
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facilities, or first-responder facilities shall be exempted 165
from the provisions of this subsection. 166
9. A large load facility shall not get a refund 167
relating to any capacity adjustment. Such refund shall be 168
processed through a fuel adjustment clause. 169
10. An owner or operator of a large load facility 170
shall be required to pay for the facility's interconnection 171
and study costs. Such costs shall not be shifted to 172
ratepayers in a general rate proceeding. 173
11. The commission shall promulgate rules to implement 174
the provisions of this section. Any rule or portion of a 175
rule, as that term is defined in section 536.010, that is 176
created under the authority delegated in this section shall 177
become effective only if it complies with and is subject to 178
all of the provisions of chapter 536 and, if applicable, 179
section 536.028. This section and chapter 536 are 180
nonseverable and if any of the powers vested with the 181
general assembly pursuant to chapter 536 to review, to delay 182
the effective date, or to disapprove and annul a rule are 183
subsequently held unconstitutional, then the grant of 184
rulemaking authority and any rule proposed or adopted after 185
August 28, 2026, shall be invalid and void. 186
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