Montana House committee tables HB 263 after tied votes on electricity reporting for data centers

The House Energy, Technology and Government Relations Committee tabled House Bill 263, a proposal to require reporting of electricity use by certain large energy users including data centers and digital asset mining businesses, after earlier roll-call votes produced 7-7 ties and prevented a do-pass recommendation.

Representative Perry, chair of the committee, said the committee had executive action on House Bill 263, described by staff as “an act requiring the reporting of electricity use for certain energy users and providing a delayed effective date.”

Representative Millett moved a cleanup amendment (labeled 0.001) and said, “This is a basic cleanup amendment. I talked with the sponsor about this, and she's okay with it. It basically, if you look on the back page, it inserts 2 words, and it kinda lines up the digital asset mining phrase with what is in the the, definitions.” The committee approved that amendment by voice vote; the clerk recorded "14 ayes and 0 nos."

Representative Mitchell then moved amendment 1.2. Representative Mitchell said the amendment "establishes a reporting requirement for data centers and digital asset mining businesses to disclose electricity uses usage and ensures that proprietary business information remains confidential. And this provides regulators with essential data for energy planning and policy decisions." Vice Chair Cordum opposed the amendment, arguing it "makes it impossible to compare or contrast the different kinds of, data centers and, digital asset miners, which kind of, nerfs the bill such that it, it loses its relevancy. And, it'll make us make it harder for us to make decisions and the rate payers to know, who's sharing their energy with them. So I urge a no on this amendment." The roll-call on amendment 1.2 produced named yes/no votes that the clerk recorded and the committee chair summarized as "7 ayes and 7 no's," so the amendment failed on a tie.

After the failed amendment, the committee voted on the bill as presented (with the cleanup amendment adopted). A roll-call vote on the bill also produced a 7-7 tie and the motion to give HB 263 a do-pass recommendation failed.

A subsequent motion to table House Bill 263 as amended passed on a voice vote. Committee staff and members then discussed proxy votes and a tally discrepancy; the clerk noted two recorded nos before a proxy clarification that changed the count. The committee chair concluded, "That concludes the business on house bill 2 63."

The action leaves HB 263 without a do-pass recommendation from the House Energy, Technology and Government Relations Committee and the bill tabled pending any further action by the sponsor or the committee.