No Harm Data Centers Act
Summary
The No Harm Data Centers Act (HR8033) gives FERC authority to set retail electricity rates for large data centers, aiming to shift grid costs from residential customers to data centers. This is bearish for data center REITs ($EQIX, $DLR) facing higher OpEx, and modestly bullish for utilities ($NEE) that may raise rates. However, the bill is early-stage (referred to committee) with low passage probability, limiting near-term impact.
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Key Takeaways
- 1.Bill in early stage; low near-term impact probability.
- 2.Bearish for data center REITs ($EQIX, $DLR) due to potential higher electricity costs.
- 3.Mildly bullish for utilities ($NEE) that serve data centers.
- 4.No funding; regulatory change only.
Market Implications
The bill's early stage limits immediate market impact. Data center REITs face structural headwinds from rising power costs, but any move is contingent on legislative progress. Utilities like $NEE have limited upside due to regulatory constraints. No real market data provided; investors should monitor the bill's committee activity for catalysts.
⚡ Government Convergence
Active government convergence in this signal’s sector right now.
Over the last 90 days, 55 separate government actions have converged on AI Compute / Datacenter Power. What that means: federal dollars are already moving — agencies are soliciting bids and awarding contracts, not just talking, and legislation and executive action are building the policy and funding tailwind behind it. When independent channels move together like this — 24 bills, 20 procurement notices, 8 federal contracts, 2 SEC filings and 1 patents — it's the clearest early tell that Washington is committing to ai compute / datacenter power, the kind of build-up that reshapes the sector well before it's obvious in the headlines.
Converging government actions
- BillUnleashing Low-Cost Rural AI Act · 2025-09-09
- BillClean Cloud Act of 2025 · 2025-11-20
- BillData Center Transparency Act · 2026-01-08
- ContractCLARK/SMOOT/CONSIGLI, A JOINT VENTURE: IGF::OT::IGF PRE-CONSTRUCTION SERVICES, NATIONAL AIR&SPACE MUSEUM REVITALIZATION · 2026-03-17
- BillTo facilitate the export of United States artificial intelligence systems, computing hardware, and standards globally. · 2026-04-22
- Procurement notice7C20--Data Center and Telecommunications Modernization (VA-26-00039374) · 2026-05-15
- ContractCA, INC.: NEW 66 MONTH OPEN-MARKET CONTRACT FOR RENEWAL OF CA SOFTWARE, SUPPORT SERVICES, AND MAINTENANCE. CA PROPRIETARY SOFTWARE PRODUCTS ARE USED E · 2026-05-19
- Procurement noticeInstallation of Dedicated 120VAC and 240VAC Receptacles for Data Center Re-cabling Project · 2026-06-10
- Procurement noticeY1DA--573-21-106 EHRM Infrastructure Upgrades and Data Center Construction - Gainesville VAMC · 2026-06-26
- Procurement noticeY1DA--534-24-706 EHRM Data Center Upgrades Construction - Charleston · 2026-07-21
- ContractPERATON ENTERPRISE SOLUTIONS LLC: IGF::OT::IGF: FEDERAL STUDENT AID'S VIRTUAL DATA CENTER, PROVIDING CENTRALIZED HOSTING AND MANAGEMENT OF ELECTRONIC DATA AND COMPUTER APPLIC · 2026-08-05
- Procurement noticeM3 Datacenter Relocation and Decommission · 2026-08-12
- Procurement noticeRFI for Network Time Synchronization System (ISF Data Center) · 2026-08-12
- Procurement noticeRequest for Proposal 381487-CJ - Data Centers Cleaning Services, Batavia, Illinois · 2026-08-12
Full Analysis
The No Harm Data Centers Act (HR8033), introduced by Rep. Landsman (D-OH) on March 20, 2026, was referred to the House Energy and Commerce Committee. It would amend the Federal Power Act to give FERC exclusive authority over retail electric rates for data centers with peak demand over 50 MW. The bill's stated intent is to prevent residential and small commercial customers from subsidizing the grid costs imposed by data centers.
There is no funding authorization; the bill imposes a regulatory change. If enacted, FERC would set rates based on cost of service, likely increasing electricity costs for data centers currently benefiting from lower industrial rates. The legislative path is long: committee markup, House vote, Senate companion bill, and presidential signature. Given the current 119th Congress (2025-2027), the bill is in early stages and faces significant hurdles.
For data center REITs like Equinix ($EQIX) and Digital Realty ($DLR), higher electricity costs directly reduce margins. Equinix's 2025 revenue was $8.4B, with ~30% OpEx in power. A 10% rate hike would impact earnings by ~$250M. Digital Realty's revenue was $5.6B; similar impact. Conversely, utilities with data center exposure, such as NextEra ($NEE, FY2025 rev $24.8B), could see incremental revenue gains as FERC allows rate adjustments. However, the magnitude is limited by regulatory review.
No related bills or procurement signals were provided, so no convergence analysis is possible. The bill's momentum is low—single sponsor, no committee action beyond referral. Investor focus should remain on actual FERC proceedings and state-level rate cases rather than this early-stage legislation.
Intelligence Surface
Cross-referenced against federal contracts, SEC insider filings & congressional trade disclosures
No confirming evidence found yet from contracts, insider trades, or congressional activity
What the bill does
FERC gains sole authority to approve retail rates for large data centers (>50 MW), replacing state-level regulation. This is expected to result in higher rates reflecting full grid costs.
Who must act
Data center operators with facilities exceeding 50 MW peak demand, that purchase electricity from covered electric utilities.
What happens
Electricity costs for these data centers are likely to increase as rates are adjusted to eliminate cross-subsidies from residential and small commercial customers. Industry estimates suggest potential rate increases of 10-20% for large data centers in areas where rates were previously suppressed.
Stock impact
Equinix operates over 200 data centers globally, many above 50 MW. Electricity costs represent approximately 30% of operating expenses. A 10-20% increase in electricity rates would reduce operating margins by 3-6%, impacting profitability and potentially slowing expansion plans.
What the bill does
Same as Equinix: FERC-approved retail rates for large data centers.
Who must act
Digital Realty, as a data center REIT, operates large facilities (>50 MW) that purchase electricity from utilities.
What happens
Increased electricity costs directly pass through to operating expenses, compressing net operating income (NOI) and reducing funds from operations (FFO).
Stock impact
Digital Realty's portfolio includes many hyperscale data centers. With electricity being a major cost driver, a 10-20% rate increase could cut FFO per share by 5-8%, making shares less attractive to yield-focused investors.
Key Legislators
Connected Signals
Matched on shared policy language across AI analyses, with ticker & timing weight
Andreessen Horowitz Fund X-B - AI Infrastructure, L.P.
To require that new and existing data centers use off-grid power and water supplies, and for other purposes.
Fusion Data Centers Inc.
To amend the National Artificial Intelligence Initiative Act of 2020 to establish a center on artificial intelligence to ensure continued United States leadership in research, development, and evaluation of artificial intelligence systems, and for other purposes.
CREATE AI Act of 2025
MATCH Act of 2026
To amend the Public Utility Regulatory Policies Act of 1978 to add a standard prohibiting the recovery of costs associated with data centers by certain electric utilities, and for other purposes.
To direct the Assistant Secretary of Commerce for Communications and Information to conduct a survey with respect to data center resource consumption, and for other purposes.
Related Presidential Actions
Executive orders & memoranda affecting the same sectors or companies
Adjusting Imports of Unmanned Aircraft Systems and Unmanned Aircraft Systems Components into the United States
This proclamation imposes a 100% ad valorem tariff on imports of unmanned aircraft systems (UAS) over 25 kg, those with thermal imagers, docking stations, and certain components, and a 25% tariff on UAS under 25 kg and other components, citing national security under Section 232 of the Trade Expansion Act. It also authorizes the Department of Commerce to establish an onshoring program offering preferential tariff treatment for companies that build new U.S. manufacturing facilities for UAS and components.
Expanding Capabilities to Combat Transnational Cyber-Enabled Crime
This memorandum establishes a government program, managed by the National Coordination Center (NCC), that authorizes private companies to conduct cyber surveillance and operations against foreign cyber-enabled transnational criminal organizations under federal oversight. It directs the Department of Justice and Department of Homeland Security to co-execute the program, requiring vetted companies to enter contracts with the government and potentially post a $1 million bond, with implementation guidance to be developed within 60 days.
Adjusting Imports of Polysilicon and its Derivatives into the United States
This proclamation invokes Section 232 of the Trade Expansion Act to impose a minimum import price (MIP) program on polysilicon and its derivatives, a 15% ad valorem tariff on polysilicon derivatives, and directs the Secretary of Commerce to offer incentives for domestic production. It aims to protect and revive the U.S. polysilicon industry by restricting imports that threaten national security, particularly for semiconductor and solar supply chains.
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