1. (1) If electrical power produced by a generator owned by a qualified data center is sold to a public utility or an electric cooperative, the price may not exceed the cost of production.

2. (2) The cost of production includes:

   1. (a) the capital cost of constructing the generator;
   2. (b) depreciation;
   3. (c) wages, salaries, and employee benefits of personnel located at the generator who operate and maintain the facility;
   4. (d) fuel;
   5. (e) operating supplies and materials;
   6. (f) utilities; and
   7. (g) contracted services necessary to operate and maintain the generator.

3. (3) The cost of the production does not include:

   1. (a) any cost for corporation administration;
   2. (b) travel; or
   3. (c) corporate legal services.
4. (4) The public utility or electric cooperative has the right to annually audit the operating costs of the generator at the utility's sole expense.

5. (5) As used in this section:

   1. (a) "Electric cooperative" has the same meaning as "cooperative" as provided in 35-18-102.
   2. (b) "Public utility" has the same meaning as provided in 69-3-101.
   3. (c) "Qualified data center" has the same meaning as provided in 15-6-162.

History: En. Sec. 1, Ch. 678, L. 2025.