A 4096 — Requires data center owners and operators to submit semi-annual water and energy usage reports to BPU.

A4096 1R [First Reprint] ASSEMBLY, No.

Assemblywoman Brennan, Assemblymen SampsonSampson, Walker, Onyema, Kearney, Assemblywomen Peterpaul, Donlon, Morales, Assemblyman Bhalla, Assemblywomen Quijano, Swain and WalkerAssemblyman Tully         SYNOPSIS      Requires data center owners and operators to submit semi-annual water and energy usage reports to BPU.

  CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Telecommunications and Utilities Committee on June 4, 2026, with amendments.

            1. 1.   a.  As used in this section:section:        “Board” means the Board of Public Utilities.

          “Board”“Data center” means a facility:  (1) whose primary services are the Boardstorage, management, and processing of Publicdigital Utilities.data;

     “Data center” means a facility:

(1) whose primary services are the storage, management, and processing of digital data;

    1“Data center” shall not include a facility that is used primarily for internal operations by a licensed health care facility or licensed health care provider so long as the facility does not operate as a commercial data processing or colocation facility for an unaffiliated entity.1       “Electric public utility” means the same as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

          “Energy reuse factor” means a calculation of waste heat reused divided by total energy consumption.

          “Power usage effectiveness” means a calculation of a data center’s total energy consumption divided by the total energy consumption of the data center’s information technology equipment.

          “Renewable energy factor” means a calculation of a data center’s total renewable energy consumption divided by the data center’s total energy consumption.

          “Waste heat reused” means any heat that is used or reused outside the boundary of a data center and that replaces, partly or entirely, energy needed outside the boundary of the data center.

          “Water usage effectiveness” means a calculation of a data center’s total water input divided by the total energy consumption of the data center’s information technology equipment.

          b. b.   No later than six months after the effective date of this section, or, for a data center that has been in operation for at least one year as of the effective date of this section, no later than three months after the effective date of this section, and on a semi-annual basis thereafter, the owner or operator of a data center in the State shall prepare and submit a water and energy usage report to the Board of Public Utilities that contains the following information, at a minimum:minimum:        (1)  basic information relating to the data center, including:        (a)  the name of the data center;

          (1)(b)  basicthe informationowner relatingor tooperator of the data center,center; including:

          (a)(c)  the nameaddress of the data center;

    and (b)      (d) the ownermonth orand operatoryear ofthat the data center;center commenced operation;

          (c)(2)  theinformation addressrelated ofto energy and water usage at the data center;center, including:        (a)  the total energy consumption in kilowatt hours, including the use of electricity, fuels, and other energy sources used for cooling;

and          (b)  (d)the name of the monthelectric and1public1 yearutility thatserving the data center commencedand operation;any electric service agreements between the electric 1public1 utility and the data center;

          (2)(c)  informationall relatedon-site topower energysupplies, including any primary power on site and wateremergency usagebackup atpower supply and any permit information such as permit numbers, capacity, tier level, fuel type, total permitted emissions for the data center, including:and any other relevant information;

          (a)(d) the total energy consumption of information technology equipment in kilowatt hours,hours includingmeasured as the usevalue of electricity,the fuels,combined andannual other energy sourcesconsumption usedat forevery cooling;uninterruptible power system connected to information technology equipment;

          (b)(e)  the nametotal of1and thepeak electricdaily1 utilitywater servinginput in cubic meters that includes all water volumes that enter the data center andthat anyare electricused servicefor agreementsthe betweenfunctions of the electricdata utilitycenter, andincluding theinformation datatechnology, center;security, power, and environment;

    and (c)      all(f)  on-sitethe powersource supplies,of water for the data center 1,1 including anya primary1[municipal] powerpublic1 onwater site1[supply] andsystem1, emergencygroundwater, backup1and1 powersurface supplywater, and anywhether permitwater informationfrom such assources permitis numbers,potable capacity,or tierreclaimed.  level,1If fuela type,data totalcenter permitteduses emissionswater forfrom a public water system, it shall provide the dataname center,of the public water system and any otherwater relevantservice information;agreements between the public water system and the data center.1  If a data center utilizes more than one water source, the data center shall provide information regarding water usage from each source as a percentage of total water usage;

    and (d)      the(3)  totalany energyother consumption of information technologydetermined equipmentby in kilowatt hours measured as the valueboard of the combined annual energy consumption at every uninterruptible power system connected to informationbe technologynecessary. equipment;

          (e)c.   the(1) totalIn wateraddition inputto in cubic meters that includes all water volumes that enter the datareporting centerrequirements thatenumerated arein usedsubsection forb. the functions of the data center, including information technology, security, power, and environment;

and      (f) the source of water for the data center including a municipal water supply, groundwater, surface water, and whether water from such sources is potable or reclaimed.  If a data center utilizes more than one water source, the data center shall provide information regarding water usage from each source as a percentage of total water usage;

and      (3) any other information determined by the board to be necessary.

     c.     (1) In addition to the reporting requirements enumerated in subsection b.

of this section, the following information:information:        (a)  performance calculations and indicators for the data center, including the energy reuse factor, power usage effectiveness, renewable energy factor, and water usage effectiveness;

    and (a)      performance(b)  calculationssustainability and indicators for the data center, includingincluding:        (i) the energyaverage reuseset factor,point powerinformation usagetechnology effectiveness,equipment renewableintake energyair factor,temperature andin waterdegrees usageFahrenheit, effectiveness;which shall be measured as the average set point temperature in all of the data center’s computer rooms over a 12-month period;

      (ii) the average waste heat temperature in degrees Fahrenheit, which shall be measured as the temperature of the fluid used to cool any information and     communication (b)technology sustainabilityequipment, indicatorsaveraged forover a 12-month period and across every measurement point.  Individual waste heat temperature readings shall be measured at the point where heated fluid enters a heat exchanger in the data center,center’s including:computer rooms;

          (i)(iii) the averageamount setof pointelectricity informationderived technologyfrom equipmentrenewable intakeenergy air temperature in degreeskilowatt Fahrenheit,hours; which shall be measured as the average set point temperature in all of the data center’s computer rooms over a 12-month period;

    and (ii)      the(iv) average waste heat temperature in degrees Fahrenheit, which shall be measured as the temperatureamount of the fluid used to cool any information and communication technology equipment, averaged over a 12-month period and across every measurement point.  Individual waste heat temperaturereused readings shall be measured at the point where heated fluid enters a heat exchanger in thekilowatt datahours. center’s computer rooms;

          (iii)(2)  theIf amounta ofdata electricitycenter deriveddoes not receive a financial incentive from renewableany energyState agency, the information required in kilowattparagraph hours;(1) of this subsection may be submitted to the board at the data center’s discretion.

      d.   1(1)1 Within 30 days of receiving a water and     energy (iv)usage report from the amountowner or operator of wastea heatdata reusedcenter inpursuant kilowattto hours.subsection b.

    of (2)this Ifsection, athe databoard centershall doespublish notthe receiveinformation aon financialits incentiveInternet fromwebsite any1[,]1 Stateand agency,update the information requiredas innecessary.  paragraphThe (1)board ofshall thisnot subsectionpublish mayany beperformance submittedor tosustainability theinformation boardsubmitted atpursuant theto datasubsection center’sc. discretion.

     d.  Within 30 days of receivingthis asection.  waterInformation andsubmitted energyto usage report from the ownerboard or operator of a data center pursuant to 1[this]1 subsection b.1c.

of this section,section1 theshall boardbe confidential and shall publishnot thebe informationsubject onto itsdisclosure Internetunder website,1[the]1 andP.L.1963, updatec.73 (C.47:1A-1 et seq.), or the informationcommon aslaw necessary. right Theof boardaccess shallto nota publishpublic anyrecord, performanceexcept orthat sustainabilitysuch information submittedas pursuantanonymized toand subsectionaggregated c.from at least five facilities shall be included in the report.

of      this1(2)  section. Nothing Informationin submitted to the board pursuant to this subsectionsection shall be confidentialconstrued and shall not be subject to disclosureabridge, underalter, theor P.L.1963,amend:  c.73      (C.47:1A-1(a)  et seq.), or the commonobligations law right of accessany toState aagency, publicother record,than exceptthe thatboard, suchto disclose information aspursuant anonymizedto andany aggregatedother fromlaw, atrule, leastor fiveregulation, facilitiesincluding, shallbut benot includedlimited into, the report.“Senator Byron M.

    Baer e. Open AnPublic ownerMeetings orAct,” operatorP.L.1975, ofc.231 a(C.10:4-6 dataet centerseq.), that has submitted a water and energyP.L.1963, usagec.73 report(C.47:1A-1 toet theseq.); board pursuant to subsection b.