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House Energy panel advances data center bill adding PFAS monitoring and decommissioning guidance
Summary
The House Energy and Digital Infrastructure committee voted to report H 727 favorably after approving a cleaned draft that removes duplicative Act 250 language, requires wastewater monitoring (including PFAS testing), prohibits the addition of PFAS to discharges, and asks the commissioner to recommend a decommissioning regulatory model.
The House Energy and Digital Infrastructure committee on Friday advanced a cleaned-up data center bill, H 727, voting to report it favorably to the next committee and sending a clean copy to legislative leadership.
Chair Kathleen James said the committee had worked through concerns raised by the Public Utility Commission and the House Environment committee and had resolved questions about protecting water resources before taking the vote. “We have, I believe, successfully resolved the concerns raised by the PUC about duplicative Act 250 language,” she said.
The draft the committee approved (labeled Draft 1.5 in the meeting) removed provisions the members considered duplicative of existing law, including certain references to resource waters, air pollution, forest health and commercial building energy standards. Staff also reordered sections so the application provision comes before the Act 250-related clause and added a definition of “data center.”
On water protections, the bill requires a wastewater monitoring program for data centers that includes monitoring for PFAS. The transcript records the line: “The addition of PFAS to water discharge from a data center shall be prohibited,” which committee members discussed as to whether the prohibition should be limited to intentional addition or include any addition of PFAS; the transcript does not record a final resolution of that drafting nuance.
The bill also directs the commissioner to recommend a regulatory model for data center decommissioning rather than requiring a study, language intended to provide a framework for responsible site closure.
During the meeting members corrected contract-related wording to ensure the statute refers to the terms of a contract — for example, agreeing the statute should say the "terms of the contract" will not adversely affect efficiency or economic benefits rather than using unclear phrasing.
The committee moved and seconded approval of Draft 1.5 and then voted to report H 727 favorably with amendments. The clerk performed a roll-call vote; named representatives responded affirmatively to the clerk’s call and the motion passed. The committee’s chair said she had notified the chair of Ways and Means that the committee had voted the bill out; the committee did not set a date for floor consideration.
The committee’s recorded actions and the draft language now move to the next committee for consideration. The transcript recorded the committee’s substantive edits and the vote, but did not name the agency that must approve the wastewater monitoring plan beyond saying it must determine that the plan meets Vermont water quality standards.
