,,ii  #aaith ,,congress  #b;d ,session  
,s4 #dbac  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #be1    
#bjbf,mr4 ,durbin introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
require data center operators to submit 
to ,states or the ,administrator of the 
,environmental ,protection ,agency and  
the ,secretaries of ,energy and         
,agriculture reports on data center     
energy and water use1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,data ,center ,water
 and ,energy ,transparency ,act of      
#bjbf4  #b4 ,definitions ,in this ,act3 
7#a7 ,administrator ,the term           
,administrator means the ,administrator 
of the ,environmental ,protection       
,agency4  7#b7 ,data center terms ,the  
terms data center and data center       
operator have the meanings given those  
terms in section #dec7;a7 of the ,energy
 ,independence and ,security ,act of    

#bjjg 7#db ,u4,s4,c4 #agaab7;a774  7#c7 
,energy use ,the term energy use1 with  
respect to data centers1 means the total
 quantity of electricity and other forms
 of energy consumed on site by that data
 center1 as measured in kilowatt-hours4 
7#d7 ,power usage effectiveness ,the    
term power usage effectiveness has the  
meaning given the term in ,,iso_/,,iec  
#cjacd-b3bjbf of the ,international     
,organization for ,standardization 7or a
 successor standard74  7#e7 ,secretaries
 ,the term ,secretaries means the       
,secretary of ,energy and the ,secretary
 of ,agriculture4  7#f7 ,state ,the term
 ,state means-- 7,a7 each of the several
 ,states2  7,b7 a territory of the      
,united ,states2  7,c7 the ,federated   
,states of ,micronesia2  7,d7 the       
,republic of the ,marshall ,islands2    
7,e7 the ,republic of ,palau2  7,f7 an  
,indian tribe included on the list most 
recently published by the ,secretary of 
the ,interior under section #ajd of the 
,federally ,recognized ,indian ,tribe   

,list ,act of #aiid 7#be ,u4,s4,c4      
#eaca72 and  7,g7 the ,district of      
,columbia4  7#g7 ,unit of local         
government ,the term unit of local      
government means any county1 parish1    
city1 town1 township1 village1 or other 
general purpose political subdivision of
 a ,state with the power to levy taxes1 
expend ,federal1 ,state1 and local      
funds1 and exercise governmental powers4
  7#h7 ,water usage effectiveness ,the  
term water usage effectiveness has the  
meaning given the term in ,,iso_/,,iec  
#cjacd-i3bjbb of the ,international     
,organization for ,standardization 7or a
 successor standard74  7#i7 ,water use  
,the term water use1 with respect to a  
data center1 means the total amount of  
water consumed on-site by a data center1
 including water used for cooling1 as   
measured in gallons4  #c4 ,data center  
mandatory reporting and information     
requirement  7a7 ,data collection  7#a7 
,report to ,state  7,a7 ,in general     
,beginning not later than #a year after 

the date of enactment of this ,act but  
subject to paragraph 7#b71 each data    
center operator with #a or more data    
centers in a ,state shall submit to that
 ,state an annual report that1 with     
respect to each data center in the      
,state with a peak demand of not less   
than #be megawatts operated by that data
 center operator1 describes-- 7i7       
on-site energy use and water use for the
 preceding calendar year1 including--   
7,i7 total energy use during each month 
of that calendar year2  7,,ii7 if the   
data center relies on behind-the-meter  
power generation1 the method to generate
 that power2  7,,iii7 total water use   
and the source of that water during each
 month of that calendar year2 and       
7,,iv7 annual average power usage       
effectiveness and water usage           
effectiveness2  7ii7 projected on-site  
energy use and water use for not less   
than the following #e calendar years1   
which shall include proposals for       
reducing the energy use and water use of

 the data center and the increases in   
efficiency that are anticipated to      
result from those proposals2 and  7iii7 
such other information as the ,state may
 require4  7,b7 ,form ,a data center    
operator shall submit a report under    
subparagraph 7,a7 in such form and in   
such manner as the applicable ,state may
 require4  7,c7 ,fees authorized ,a     
,state may1 in requiring the reports    
described in this paragraph1 assess fees
 on data center operators to support    
data collection under this paragraph4   
7#b7 ,report to ,administrator and      
,secretaries  7,a7 ,in general ,if a    
,state does not have a program to       
collect the information described in    
clauses 7i7 and 7ii7 of paragraph       
7#a77;,a7-- 7i7 the ,state shall inform 
the ,administrator and the ,secretaries 
jointly2 and  7ii7 a data center        
operator with data centers in such a    
,state shall submit to the              
,administrator and ,secretaries jointly 
a report that1 with respect to each data

 center in such a ,state with a peak    
demand of not less than #be megawatts   
operated by that data center operator1  
describes-- 7,i7 the information        
described in those clauses2 and  7,,ii7 
such other information as the           
,administrator and ,secretaries may     
jointly require4  7,b7 ,form ,a data    
center operator shall submit a report   
under subparagraph 7,a7 in such form and
 in such manner as the ,administrator   
and ,secretaries may jointly require4   
7#c7 ,reports to local governments ,a   
report to a ,state or the ,administrator
 and the ,secretaries jointly under     
paragraph 7#a7 or 7#b7 shall be made    
available to an affected unit of local  
government on request and1 if           
applicable1 in compliance with any      
program established by the ,state for   
the collection of those reports4  7b7   
,reports on prospective and expanded    
data centers  7#a7 ,report to ,state    
7,a7 ,in general ,subject to paragraph  
7#b71 each person seeking to construct a

 data center with a projected energy use
 of not less than #be megawatts and each
 data center operator seeking to expand 
a data center with a projected energy   
use of not less than #be megawatts shall
 submit to the ,state in which the new  
or expanded data center would operate a 
report that describes-- 7i7 as          
applicable-- 7,i7 the projected energy  
use and water use and the sources of    
energy and water of the new data center 
during the first #e calendar years after
 the data center begins operation2 or   
7,,ii7 the projected increase in energy 
use and water use as a result of the    
expansion of a data center during the   
first #e calendar years after completion
 of the expansion2 and  7ii7 proposals  
for reducing the energy use and water   
use of the data center and the increases
 in efficiency that are anticipated to  
result from those proposals4  7,b7 ,form
 ,a report submitted under subparagraph 
7,a7 shall be submitted in such form and
 in such manner as the applicable ,state

 may require4  7#b7 ,report to          
,administrator and ,secretaries  7,a7   
,in general ,if a ,state does not have a
 program to collect the information     
described in paragraph 7#a77;,a7-- 7i7  
the ,state shall inform the             
,administrator and the ,secretaries     
jointly2 and  7ii7 a person seeking to  
construct a data center and each data   
center operator seeking to expand a data
 center in such a ,state shall submit to
 the ,administrator and the ,secretaries
 jointly a report that describes1 with  
respect to the proposed data center or  
the expansion of the data center1 the   
information described in that paragraph4
  7,b7 ,form ,a person or data center   
operator shall submit a report under    
subparagraph 7,a7 in such form and in   
such manner as the ,administrator and   
,secretaries may jointly require4  7#c7 
,reports to local governments ,a report 
to a ,state or the ,administrator and   
the ,secretaries jointly under paragraph
 7#a7 or 7#b7 shall be made available to

 an affected unit of local government on
 request and1 if applicable1 in         
compliance with any program established 
by the ,state for the collection of     
those reports4  7c7 ,aggregated reports 
7#a7 ,reports from ,states  7,a7 ,in    
general ,each ,state that receives a    
report under subsection 7a77#a7 or      
7b77#a7 shall submit to the             
,administrator and the ,secretaries     
jointly an annual report that describes 
the data collected pursuant to all such 
reports submitted to the ,state under   
subsection 7a77#a7 or 7b77#a71 as       
applicable1 during the previous year in 
such a manner as may be required jointly
 by the ,administrator and the          
,secretaries4  7,b7 ,anonymized data    
,the reports submitted under            
subparagraph 7,a7 shall only include    
anonymized and aggregated information4  
7#b7 ,public report ,the ,administrator 
and the ,secretaries shall jointly make 
publicly available on an annual basis a 
report that-- 7,a7 describes-- 7i7 using

 information collected from the reports 
under subsections 7a77#b7 and 7b77#b7   
and paragraph 7#a77;,a71 the aggregated 
total energy use and water use of data  
centers in the ,united ,states1 by      
region1 during the calendar year covered
 by the report2  7ii7 regional impacts  
of data centers on water and electricity
 rates for consumers and communities2   
7iii7 the environmental impacts         
resulting from the operation of data    
centers1 including-- 7,i7 water and     
energy sources1 supply1 quality1 and    
reliability impacts on consumers and    
communities2 and  7,,ii7 other direct or
 indirect impacts2 and  7iv7            
recommendations for best practices to   
limit the impacts described in clauses  
7ii7 and 7iii72  7,b7 includes1 based on
 the reports received by the            
,administrator and the ,secretaries     
jointly under subsections 7a77#b7 and   
7b77#b7 and paragraph 7#a77;,a7 for the 
calendar year covered by the report1 the
 aggregated projection of energy use and

 water use by data centers for the #e   
years following that calendar year2 and 
7,c7 does not include any information   
that the ,administrator and the         
,secretaries jointly determine is       
proprietary4  7d7 ,rulemaking  7#a7     
,federal authority ,the ,administrator  
and the ,secretaries may jointly        
promulgate such regulations as may be   
necessary to carry out this section4    
7#b7 ,state authority ,a ,state may     
promulgate such regulations in          
accordance with the laws of the ,state  
as may be necessary to carry out this   
section4  7e7 ,enforcement  7#a7 ,state 
enforcement ,if a ,state establishes a  
program for collecting data pursuant to 
subsection 7a77#a7 and 7b77#a71 the     
,state may issue fines and otherwise    
engage in other enforcement activities  
to comply with the requirements of this 
,act and applicable ,state laws4  7#b7  
,federal enforcement  7,a7 ,in general  
,subject to paragraph 7#b71 the         
,administrator and the ,secretaries     

shall jointly fine a data center        
operator that negligently violates a    
requirement of subsection 7a77#b7 or    
7b77#b7 #bj1jjj for each day that the   
data center operator is in violation of 
that requirement4  7,b7 ,inflation      
adjustment ,on the date that is #c years
 after the date of enactment of this    
,act1 and every #c years thereafter1 the
 ,administrator and the ,secretaries    
shall jointly adjust the amount         
described in subparagraph 7,a7 to       
reflect changes for the #cf-month period
 ending the preceding ,november #cj in  
the ,consumer ,price ,index for ,all    
,urban ,consumers published by the      
,bureau of ,labor ,statistics of the    
,department of ,labor4  #d4 ,fees ,the  
,administrator and the ,secretaries     
shall jointly assess fees on data center
 operators that submit a report under   
subsection 7a77#b7 or 7b77#b7 of section
 #c in an amount necessary to carry out 
this ,act and may1 without further      
appropriation1 use the amounts collected

 to carry out those subsections4