,,ii #aaith ,,congress #b;d ,session ,s4 #dgbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #i1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,van ,hollen1 ,mr4 ,wyden1 ,mr4 ,booker1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require the ,administrator of the ,environmental ,protection ,agency to carry out a study on the environmental impacts of artificial intelligence data centers and associated energy infrastructure1 to require the ,director of the ,national ,institute of ,standards and ,technology to convene a consortium on such environmental impacts1 and to require the ,administrator to develop a reporting system for the reporting of the environmental impacts of artificial intelligence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,intelligence ,environmental ,impacts ,act of #bjbf4 #b4 ,findings ,congress finds the following3 7#a7 ,multiple estimates indicate that the amount of computational power being used for artificial intelligence applications has increased rapidly over the last decade4 7#b7 ,according to the ,department of ,energy1 data center energy demand has tripled in the last decade and is expected to double or triple again by #bjbh4 7#c7 ,accelerating use of artificial intelligence greatly increases energy consumption due to the power utilization of computer hardware required for training and operating artificial intelligence models1 despite ongoing efficiency gains in both artificial intelligence models and hardware4 7#d7 ,rapid growth in data center infrastructure supporting artificial intelligence and other computing-intensive technologies1 including cooling systems and backup power equipment1 can contribute to air and water pollution1 increased energy demand1 increasing water scarcity1 and land-use changes4 7#e7 ,according to the ,department of ,energy1 hyperscale facilities are projected to consume between #af1jjj1jjj1jjj and #cc1jjj1jjj1jjj gallons annually by #bjbh4 7#f7 ,resource and energy-intensive manufacturing processes are required for the hardware that runs artificial intelligence and other computing-intensive technologies1 leading to significant environmental impacts4 7#g7 ,electricity prices have already risen significantly as demand from data centers grows1 and are projected to continue rising rapidly4 7#h7 ,according to the ,energy ,information ,agency1 between ,january1 #bjbe1 and ,december1 #bjbe1 household electricity prices increased by as much as #ac percent nationwide4 7#i7 ,prices are projected to rise by another #be percent in certain places over the next five years due to increased demand from data centers4 7#aj7 ,yearly increases in electronic waste 7known as e-waste7 pose environmental and health risks and will likely be exacerbated by outdated and discarded hardware used for artificial intelligence and other computing-intensive technologies4 7#aa7 ,certain applications of artificial intelligence may have direct and indirect positive environmental impacts1 including optimizing systems for energy efficiency1 developing renewable energy1 advancing planetary systems research1 enabling discovery of new materials1 and automatically monitoring environmental changes4 ,applications of artificial intelligence also have direct and indirect negative environmental impacts1 including rebound effects1 behavioral impacts1 and accelerating high-pollution activities4 7#ab7 ,different communities and regions will experience disparate effects from data center infrastructure1 with risks ranging from higher energy costs to more adverse environmental effects1 and with certain communities at greater risk from cumulative negative impacts1 such as low-income communities1 ,black and ,brown communities1 ,indigenous communities1 and rural communities4 7#ac7 ,various options exist to reduce the negative environmental impacts of artificial intelligence1 including using more energy-efficient and water-efficient models1 hardware1 and data centers1 using renewable and co-located energy1 and examining the impacts of artificial intelligence applications4 7#ad7 ,promoting transparency on energy use and environmental impacts and developing and maintaining accurate environmental impact metrics may help mitigate negative environmental impacts of the rapid growth in artificial intelligence use1 while promoting artificial intelligence uses with net positive environmental impacts4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,artificial intelligence data center ,the term artificial intelligence data center means any facility1 or group of facilities that-- 7,a7 is located on a single site or on contiguous1 adjacent1 or otherwise connected sites2 7,b7 has a maximum rated power capacity or total peak power load in excess of #ej megawatts2 and 7,c7 houses and operates infrastructure for the purpose of artificial intelligence inference1 training1 pre-training1 fine-tuning1 or deployment at scale4 7#d7 ,artificial intelligence model ,the term artificial intelligence model means a component of an information system that implements artificial intelligence technology and uses computational1 statistical1 or machine-learning techniques to produce outputs from a given set of inputs4 7#e7 ,artificial intelligence system ,the term artificial intelligence system means any data system1 software1 hardware1 application1 tool1 or utility that operates in whole or in part using artificial intelligence4 #d4 ,study on environmental and energy-related impacts of artificial intelligence 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in collaboration with the ,secretary of ,energy1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,office of ,science and ,technology ,policy1 the ,secretary of the ,interior1 and the ,federal ,energy ,regulatory ,commission1 shall carry out1 submit to ,congress1 and make publicly available a report describing the results of1 a comprehensive study on the environmental and energy-related impacts of artificial intelligence and related infrastructure4 7b7 ,requirements ,the study required under subsection 7a7 shall include an examination of the following issues and a forecast for how those issues are expected to change during the #b-year1 #e-year1 and #aj-year periods beginning on the date on which the study is completed3 7#a7 ,full lifecycle impacts of artificial intelligence ,the energy and water use1 effects on air and water quality1 effects on local ecosystems1 local noise and light impacts1 energy cost impacts1 and the direct1 indirect1 and value chain greenhouse gas emissions associated with the full lifecycle of artificial intelligence1 including effects and impacts associated with-- 7,a7 hardware needed for artificial intelligence1 including the extraction of raw materials1 manufacturing1 electronic waste1 and transportation between all stages associated with that hardware2 7,b7 the design1 development1 deployment1 and use of artificial intelligence models2 and 7,c7 the operation of artificial intelligence data centers to power artificial intelligence1 including effects relating to-- 7i7 energy infrastructure1 including new or existing grid infrastructure1 behind-the-meter primary onsite power sources1 and backup onsite power sources2 7ii7 water use1 high-temperature water discharge1 and the use of chemical biocides2 7iii7 land use for artificial intelligence data centers and related energy infrastructure1 particularly with respect to scenic1 historical1 and cultural landscapes and units of the ,national ,park ,system or locations included on the ,national ,register of ,historic ,places2 and 7iv7 cooling systems and other infrastructure4 7#b7 ,design and location ,the effect that design and deployment decisions for artificial intelligence models and associated artificial intelligence data centers have on the impacts described in paragraph 7#a71 including design and deployment decisions with respect to-- 7,a7 the artificial intelligence model to be used2 7,b7 hardware2 7,c7 location2 7,d7 energy mix2 7,e7 behind-the-meter generation2 7,f7 the use of power purchase agreements2 7,g7 demand flexibility2 7,h7 cooling system methodology2 and 7,i7 artificial intelligence data center user ownership and leasing arrangements4 7#c7 ,disaster resilience ,the impacts of artificial intelligence data centers on disaster resilience1 including with respect to local water and energy stress during extreme weather events4 7#d7 ,positive impacts ,the potential positive environmental and energy-related impacts associated with applications of artificial intelligence1 which may include optimizing systems for energy efficiency1 developing renewable energy1 advancing planetary systems research1 enabling discovery of new materials1 and automatically monitoring environmental changes4 7#e7 ,negative impacts ,the negative environmental and energy-related impacts associated with applications of artificial intelligence and related infrastructure1 which may include direct impacts from data center construction and operation1 higher local energy costs1 rebound effects1 behavioral impacts1 and accelerating high-pollution activities1 such as fossil fuel extraction4 7#f7 ,updated study results ,the results of the updated data center study carried out under section #dec7;e77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7;e77#b774 7#g7 ,other environmental and energy-related impacts ,other environmental and energy-related impacts1 as determined by the ,administrator1 in consultation with the heads of ,federal agencies described in subsection 7a74 7c7 ,public input 7#a7 ,public comment required ,in conducting the study required under subsection 7a71 the ,administrator shall solicit and consider public comments4 7#b7 ,public hearings ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall convene public hearings with respect to the environmental and energy-related impacts of artificial intelligence and related infrastructure in each region of the ,environmental ,protection ,agency to capture unique regional considerations4 #e4 ,artificial intelligence environmental and energy-related impacts consortium 7a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall1 in consultation with the ,administrator1 the ,secretary of ,energy1 and such others as the ,director considers appropriate1 convene a consortium of stakeholders1 including members from ,indian ,tribes1 units of local government1 academia1 civil society1 and industry1 to identify the future measurements1 methodologies1 standards1 and other appropriate needs1 in order to measure and report the full range of environmental and energy-related impacts of artificial intelligence4 7b7 ,location ,the ,director may determine the location of the consortium within the ,national ,institute of ,standards and ,technology4 7c7 ,goals ,the goals of the consortium shall include the following3 7#a7 ,facilitating consistent1 comparable reporting on the environmental impacts of the full lifecycle of artificial intelligence models and artificial intelligence systems4 7#b7 ,according to technical feasibility1 the development or cataloging of open-source software and hardware tools and other resources designed to facilitate the measurement of environmental impacts of artificial intelligence models and artificial intelligence systems4 7#c7 ,providing recommendations on how to mitigate the negative environmental impacts and deploy the positive use cases1 of artificial intelligence4 7d7 ,composition ,the consortium shall-- 7#a7 be composed of representatives with equal representation between each stakeholder group2 and 7#b7 include at least #c representatives each from-- 7,a7 geographically distinct ,tribal communities within which artificial intelligence data centers reside2 and 7,b7 geographically distinct cities or counties within which artificial intelligence data centers reside4 #f4 ,system for reporting of environmental and energy-related impacts of artificial intelligence 7a7 ,definition of covered entity ,in this section1 the term covered entity means an entity that operates an artificial intelligence data center4 7b7 ,reports to ,,epa ,a covered entity shall annually submit to the ,administrator a report that describes the full range of environmental impacts of the artificial intelligence data centers of the relevant entity in accordance with this section4 7c7 ,report requirements 7#a7 ,in general ,the ,administrator1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 the ,secretary of ,energy1 the consortium convened under section #e1 and such other entities as the ,administrator considers appropriate1 shall develop requirements for covered entities to report under subsection 7b7 the full range of environmental impacts of artificial intelligence data centers1 which shall-- 7,a7 include guidelines on how to calculate and report-- 7i7 the resource consumption and intensity with respect to energy use1 including electricity use and capacity1 resource mix1 power sourced from the grid1 power sourced from on-site generation1 power sourced from backup systems1 power usage effectiveness1 performance per watt1 energy reuse1 and carbon intensity per task2 7ii7 the resource consumption and intensity with respect to water use2 7iii7 local air and water pollution2 7iv7 electronic waste associated with the full lifecycle of artificial intelligence models and hardware2 7v7 local noise and light pollution impacts2 and 7vi7 other positive and negative impacts of artificial intelligence use1 as determined by the ,administrator2 7,b7 require sufficient detail to allow the ,administrator to verify the accuracy and completeness of the submission2 and 7,c7 require reports to be prepared in a manner that enables public disclosure under subsection 7d74 7#b7 ,public comment ,before finalizing the requirements under paragraph 7#a71 the ,administrator shall solicit comments from the public on a draft version of the requirements4 7#c7 ,publication ,the ,administrator shall make available to the public all requirements developed under paragraph 7#a74 7d7 ,availability ,the ,administrator shall1 to the maximum extent practicable1 make the information reported pursuant to subsection 7b7 available on a publicly available website1 except for any information that is exempt from disclosure pursuant to section #eeb7;b77#d7 of title #e1 ,united ,states ,code4 7e7 ,enforcement ,if a covered entity fails to comply with the reporting requirements under this section1 the ,administrator shall seek corrective action and1 if no reports under subsection 7b7 are submitted within #f months of the date on which a report was due1 may issue an administrative penalty in an amount determined by the ,administrator that is based on-- 7#a7 the total size of the applicable facilities of the covered entity for which reports have not been submitted2 and 7#b7 the length of noncompliance4 7f7 ,savings provision ,nothing in this section abridges1 alters1 or modifies the obligations of the ,administrator to disclose information pursuant to any other applicable law1 including section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 #g4 ,report to ,congress ,after the ,director of the ,national ,institute of ,standards and ,technology convenes the consortium under section #e and not later than #b years after the date on which the ,administrator completes development of the requirements for reporting under section #f7;c71 the ,administrator1 the ,secretary of ,energy1 and the ,director of the ,national ,institute of ,standards and ,technology shall jointly submit to ,congress a report detailing the following3 7#a7 ,the main findings of the consortium convened under section #e4 7#b7 ,a description of the information reported under section #f4 7#c7 ,recommendations for legislative or administrative action to mitigate the negative impacts of artificial intelligence4 7#d7 ,recommended use-cases for artificial intelligence in environmental applications based on net-benefit assessments4