Data centers: reporting., the official text

An act to add Sections 25245, 25246, and 25247 to the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes the State Energy Resources Conservation and Development Commission and vests the commission with various responsibilities with respect to developing and implementing the state’s energy policies. Existing law requires the commission to biennially adopt an integrated energy policy report, as specified, and to make the reports accessible to state, local, and federal entities and to the general public.
This bill would require the commission to establish a process for the owner of a data center, as defined, to submit specified information to the commission, including, among other information, the data center’s location and size, the data center’s power usage effectiveness, as defined, and the quantity of fuel consumed by onsite generators or other fuel-based energy systems, as specified. The bill would require the owner of a data center to submit the required information in the manner and timeframe specified by the commission. The bill would require the commission, beginning with the 2029 integrated energy policy report, and in subsequent biennial reports, to include an assessment of electrical load trends for data centers, as provided. The bill would require the commission to annually publish the information submitted in an anonymized and aggregated format on its internet website.
The bill would require the owner or developer of a data center, upon applying for a discretionary permit, entitlement, or land use authorization required for the construction or operation of the data center, to submit to the applicable local agency, as defined, specified information, including the expected annual energy consumption, as specified, and the expected sound levels attributable to the operation of the data center, as provided. The bill would authorize the local agency to use this information for various purposes, including, but not limited to, land use planning, infrastructure planning, energy supply assessment, and environmental review.
The bill would prohibit the commission or a local agency from disclosing the information described above in a manner that would result in the disclosure of identifiable information or energy consumption data for a data center customer, except as provided. The bill would require the commission to establish a process for the owner of a data center to obtain an exemption from reporting data that would jeopardize trade secrets if disclosed.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.

The people of the State of California do enact as follows:

SECTION 1.
Section 25245 is added to the Public Resources Code, to read:
25245.
(a) For purposes of this section and Sections 25246 and 25247, all of the following definitions apply:
(1) “Applicable local agency” means a city, county, or city and county that has discretionary land use or permitting authority over the construction or operation of a data center.
(2) (A) “Cooling degree day” means the number of degrees by which the average outdoor air temperature for a given day exceeds 65 degrees Fahrenheit.
(B) If the average outdoor air temperature for a given day does not exceed 65 degrees Fahrenheit, the number of cooling degree days for that day shall be zero.
(3) (A) “Data center” means, except as provided in subparagraph (B), a facility, or part of a facility, that houses computing infrastructure, including graphics and central processing units, servers, storage devices, networking equipment, and associated power and cooling systems, for the primary purpose of processing, storing, or distributing electronic data.
(B) “Data center” does not include either of the following:
(i) A facility with an installed information technology equipment electrical capacity of less than 10 megawatts.
(ii) A publicly funded research facility, public safety facility, publicly funded national security facility, publicly owned facility, or other utility facility, including, but not limited to, a facility operated for the purpose of providing telecommunications services to the public by a terrestrial facilities-based telecommunications provider.
(4) “Owner” means the individual or entity responsible for overseeing the entire data center facility, regardless of the individual parties that may rent or host equipment at the facility.
(5) “Power usage effectiveness” means a ratio of the total energy consumption of a data center to the energy specifically used by the information technology equipment housed in that data center.
(b) (1) The commission shall establish a process for the owner of a data center to submit all of the following information to the commission upon energization of the data center and following any substantive change to information previously submitted pursuant to this paragraph:
(A) The name of the data center.
(B) Any physical addresses associated with the operation of the data center.
(C) The name of, and contact information for, the owner and operator of the data center.
(D) The year and month that the data center began operating.
(E) The total floor area of the data center, expressed in square feet.
(F) The floor area of the data center occupied by information technology equipment, expressed in square feet.
(G) The anticipated electrical peak capacity of the data center, as submitted per the load interconnection request.
(H) The anticipated quantity of electricity generated and consumed onsite, separated by generation type.
(2) The commission shall establish a process for the owner of a data center to submit all of the following information to the commission at least annually following energization:
(A) (i) The maximum electrical load of the data center.
(ii) The installed information technology electrical capacity of the data center, expressed in kilowatts.
(iii) The total energy consumption of the data center, expressed in kilowatthours.
(iv) The power usage effectiveness of the data center.
(v) Whether the data center participated in any demand flexibility programs, and the name and level of participation in each program.
(B) (i) The quantity of waste heat reused by the data center, expressed in kilowatthours.
(ii) The average waste heat temperature of the data center, expressed in degrees Fahrenheit.
(iii) The average intake air temperature setpoint for information technology equipment, expressed in degrees Fahrenheit.
(iv) Which types of refrigerants are used to cool information technology equipment.
(v) Cumulative cooling degree days for the data center.
(C) (i) The quantity of electricity generated and consumed onsite, separated by generation type, expressed in kilowatthours.
(ii) The quantity of fuel consumed by onsite generators or other fuel-based energy systems, separated by fuel type.
(iii) The energy storage type, capacity, and chemistry, if any are used onsite.
(3) The owner of a data center shall submit the required information to the commission in a manner and timeframe specified by the commission. The commission shall aim to establish reporting requirements that do both of the following:
(A) Reduce duplicate filings and facilitate the submission of substantially similar information.
(B) Account for reasonable delays in the owner’s ability to obtain information necessary to complete the required submission from a load-serving entity, as defined in Section 380 of the Public Utilities Code, energy service provider, or intermediary.
(c) Beginning with the 2029 integrated energy policy report required pursuant to subdivision (a) of Section 25302, and in subsequent biennial reports required pursuant to subdivision (a) of Section 25302 thereafter, the commission shall include an assessment of electrical load trends for data centers. This assessment shall include all of the following:
(1) A projection of future load trends from data centers.
(2) Identification of potential net peak load demands.
(3) Recommendations for mitigating data center electricity consumption impacts on grid capacity, grid reliability, and greenhouse gas emissions, including any recommended energy efficiency and demand response measures.
(d) The commission shall annually publish the information submitted pursuant to subdivision (b) in an anonymized and aggregated format on its internet website.

SEC. 2.
Section 25246 is added to the Public Resources Code, to read:
25246.
(a) Upon applying for a discretionary permit, entitlement, or land use authorization required for the construction or operation of a data center, the owner or developer of the data center shall submit to the applicable local agency an estimate of all of the following information, to the extent applicable to the proposed facility:
(1) The expected annual energy consumption of the data center, expressed in kilowatthours.
(2) The expected annual quantity of electricity generated onsite, separated by generation type, expressed in kilowatthours.
(3) The expected average and maximum sound levels attributable to the operation of the data center, expressed in A-weighted decibels, measured at the point along the property boundary where the average sound level attributable to the operation of the data center is highest.
(b) The information submitted pursuant to subdivision (a) shall be based on the best available estimates at the time of submission.
(c) A local agency may use the information submitted pursuant to this section for various purposes, including, but not limited to, land use planning, infrastructure planning, energy supply assessment, and environmental review.

SEC. 3.
Section 25247 is added to the Public Resources Code, to read:
25247.
(a) (1) The commission or a local agency shall not disclose information submitted pursuant to Section 25245 or 25246 in a manner that would result in the disclosure of identifiable information or energy consumption data for a specific data center customer.
(2) The commission shall establish a process for the owner of a data center to obtain an exemption from reporting data pursuant to Sections 25245 and 25246 that would jeopardize trade secrets if disclosed.
(b) Subdivision (a) does not supersede, preempt, or otherwise limit any reporting, disclosure, or public access requirements imposed by any other law or regulation, including requirements to report the same information to the same public entities.
(c) Any designation or labeling of information submitted pursuant to subdivision (b) of Section 25245 or Section 25246 as confidential, proprietary, or otherwise restricted for purposes of this section shall not require the same designation or labeling of that information pursuant to any other law or regulation.
(d) The disclosure or sharing of information pursuant to subdivision (b) of Section 25245 or Section 25246 does not constitute a waiver of any attorney-client privilege, work product protection, or trade secret protection that might otherwise exist with respect to the information.

SEC. 4.
The Legislature finds and declares that Section 3 of this act, which adds Section 25247 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the confidential and proprietary information of an entity subject to Section 3 of this act, it is necessary that this act limit the public’s right of access to that information.