S.Amdt. 4741

SA 4741, submitted by Mr. Durbin, aims to add a section to bill S. 1383 focused on Data Center Water and Energy Transparency. The purpose of this amendment is to create mandatory reporting requirements for the energy and water usage of data centers.

The amendment adds the following requirements and changes:

• Mandatory Reporting for Existing Centers: Data center operators with facilities having a peak demand of at least 25 megawatts must submit annual reports to their State (or to the EPA Administrator and the Secretaries of Energy and Agriculture if the State lacks a program). These reports must detail monthly energy and water use, power generation methods, and effectiveness averages, along with 5-year projections and efficiency proposals.

• Reporting for New or Expanded Centers: Anyone building a new data center or expanding an existing one with a projected energy use of at least 25 megawatts must provide reports on projected energy and water use and sources for the first 5 years of operation, as well as efficiency proposals.

• Transparency and Public Access: Reports must be available to affected local governments upon request. The Administrator and the Secretaries must also publish an annual public report detailing aggregated national energy and water use by region, the impacts on consumer rates and communities, and environmental impacts.

• Enforcement and Fees: States may charge fees and issue fines for non-compliance. For federal reporting violations, the Administrator and the Secretaries shall fine operators $20,000 per day, with adjustments for inflation every 3 years. The federal government may also assess fees on operators submitting reports to cover the costs of carrying out this section.