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HB0076S03 compared with HB0076 {Omitted text} shows text that was in HB0076 but was omitted in HB0076S03 inserted text shows text that was not in HB0076 but was inserted into HB0076S03 DISCLAIMER:
Enrolled Copy H.B.
This document is provided to assist you in your comparison of the two bills.
76 Data Center Water Transparency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Sometimes this automated comparison will NOT be completely accurate.
Jill Koford Senate Sponsor:
Therefore, you need to read the actual bills.
Scott D.
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Sandall Cosponsor:
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Jake Fitisemanu Stephanie Pitcher John Arthur Sahara Hayes David Shallenberger Jennifer Dailey-Provost Jason B.
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Kyle Jason E.
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Thompson James A.
Data Center Water {Policy } Transparency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Dunnigan Trevor Lee Joseph Elison Clinton D.
Jill Koford Senate Sponsor:Scott D.
Okerlund 3 LONG TITLE General Description:
Sandall 3 LONG TITLE General Description:
H Money Appropriated in this Bill:
Money Appropriated in this Bill:
B None Other Special Clauses:
None Other Special Clauses:
7 HB0076 compared with HB0076S03 None Utah Code Sections Affected:
None Utah Code Sections Affected:
AMENDS:
H.B.
73-2-25 , as last amended by Laws of Utah 2014, Chapter 369 ENACTS:
76 Enrolled Copy AMENDS:
73-5-8.3 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
73-2-25, as last amended by Laws of Utah 2014, Chapter 369 ENACTS:
73-5-8.3, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
73-2-25.
73-2-25 .
(2) (a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person:
(2)(a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person:
(viii) fails to submit a report required by Section 73-3-25;[ {[} or] (ix) engages in well drilling without a license required by Section 73-3-25[.] ;
(viii) fails to submit a report required by Section 73-3-25;[ or] (ix) engages in well drilling without a license required by Section 73-3-25[.] ;
- 2 - HB0076 compared with HB0076S03 (ii) does not interfere with an existing water right;
(ii) does not interfere with an existing water right;
(A) absorbs into the ground or is released for discharge;
- 2 - Enrolled Copy H.B.
76 (A) absorbs into the ground or is released for discharge;
(5) After issuance of a final order under rules made [pursuant to ] in accordance with Subsection (3) (c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(5) After issuance of a final order under rules made [pursuant to ] in accordance with Subsection (3)(c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(6) - 3 - HB0076 compared with HB0076S03 (a) The state engineer's final order may be reviewed by trial de novo by the [district{]} ]court with jurisdiction in:
(6)(a) The state engineer's final order may be reviewed by trial de novo by the [district ] court with jurisdiction in:
(b) A person shall file a petition for judicial review of the state engineer's final order issued under this section within 20 days from the day on which the final order was served on that person.
- 3 - H.B.
76 Enrolled Copy (b) A person shall file a petition for judicial review of the state engineer's final order issued under this section within 20 days from the day on which the final order was served on that person.
Section 2 is enacted to read:
Section 73-5-8.3 is enacted to read:
73-5-8.3.
73-5-8.3 .
(i) a land use authority, as defined in Section {10-9a-103} 10-20-102, of a municipality;
(i) a land use authority, as defined in Section 10-20-102, of a municipality;
or (ii) a land use authority, as defined in Section {17-27a-103} 17-79-102, of a county.
or (ii) a land use authority, as defined in Section 17-79-102, of a county.
(ii) consists of one or more buildings that in total equals or exceeds {50,000 } 10,000 square feet;
(ii) consists of one or more buildings that in total equals or exceeds 10,000 square feet;
- 4 - HB0076 compared with HB0076S03 (A) the operator of the data center facility;
(A) the operator of the data center facility;
(A) the operator of the data center facility;
- 4 - Enrolled Copy H.B.
76 (A) the operator of the data center facility;
(f){(g)} "Operator of {the } a large data center" means the owner or operator of {the } a large data center, or other person who has comparable rights of use over a large data center, including any person responsible for allocating space for external use of information technology and network telecommunications equipment within {a } the large data center.
(g) "Operator of a large data center" means the owner or operator of a large data center, or other person who has comparable rights of use over a large data center, including any person responsible for allocating space for external use of information technology and network telecommunications equipment within the large data center.
(g){(h)} "Water provider" means:
(h) "Water provider" means:
and (c) the relevant water {supplier} provider, if any.
and (c) the relevant water provider, if any.
(3) {Beginning January 1, 2027} On or after July 1, 2026, at least {180 } 90 days, but no sooner than days, before the operator of {the } a large data center {facility } begins construction activities related to a new large data center, the operator of the large data center shall:
(3) On or after July 1, 2026, at least 90 days, but no sooner than 360 days, before the operator of a large data center begins construction activities related to a new large data center, the operator of the large data center shall:
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(a) {communicate with } notify in writing the water provider that {will provide } provides water to the area where the new large data center {facility } will be located to {demonstrate from where } detail the anticipated water consumption needs of the new large data center {facility anticipates obtaining the } so that the water provider can determine whether the anticipated water {used} consumption of the new large data center is compatible with the location in which the new large data center is being located;
(a) notify in writing the water provider that provides water to the area where the new large data center will be located to detail the anticipated water consumption needs of the new large data center so that the water provider can determine whether the anticipated water consumption of the new large data center is compatible with the location in which the new large data center is being located;
and - 5 - HB0076 compared with HB0076S03 (b) report to the division:
and (b) report to the division:
(i) the municipality , if applicable, and county in which the new large data center will be located;
(i) the municipality, if applicable, and county in which the new large data center will be located;
{(ii) {the organization of the planned large data center as a single operator enterprise or managed data center, colocated facility, or a container or modular data center;} } (iii){(ii)} the {projected } estimated withdrawal amount of water that the new large data center will {divert } withdraw annually;
(ii) the estimated withdrawal amount of water that the new large data center will withdraw annually;
{(iv) {how the projected amount of water used will be used;} } {(v) {the projected annual discharges by type and amount;} } (vi){(iii)} {how } plans to treat discharges {will be treated} , if applicable;
(iii) plans to treat discharges, if applicable;
(vii){(iv)} whether and, if so, the estimated extent to which discharge temperature will be adjusted;
- 5 - H.B.
and (viii){(v)} whether and, if so, the planned extent to which the new large data center will engage in water reuse or activities to replace water used by the new large data center.
76 Enrolled Copy (iv) whether and, if so, the estimated extent to which discharge temperature will be adjusted;
(4) (a) Subject to Subsection (4)(b), after a new large data center begins operation, the operator of the large data center shall report to the divisionfor the calendar year being reported on:
and (v) whether and, if so, the planned extent to which the new large data center will engage in water reuse or activities to replace water used by the new large data center.
{(i) {updates, if any, to the information reported under Subsection (3);} } (ii){(i)} efforts made to reduce water consumption over the {past } calendar year;
(4)(a) Subject to Subsection (4)(b), after a new large data center begins operation, the operator of the large data center shall report to the division for the calendar year being reported on:
{(iii) {a comparison of:} } {(A) {projected water use for the calendar year previous to the year being reported on;} } (B){(ii)} actual {use } withdrawals for the calendar year {being reported on;
(i) efforts made to reduce water consumption over the calendar year;
and} ;
(ii) actual withdrawals for the calendar year;
{(C) {projected water use for the next calendar year;} } (iv){(iii)} efforts to protect the environment and public from polluted water , if applicable, in the {previous } calendar year;
(iii) efforts to protect the environment and public from polluted water, if applicable, in the calendar year;
and (v){(iv)} other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
and (iv) other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) {Beginning January 1, 2027, an } On and after July 1, 2026, the operator of a large data center that is a new large data center shall report to the division the information required by Subsection (4)(a):
(b) On and after July 1, 2026, the operator of a large data center that is a new large data center shall report to the division the information required by Subsection (4)(a):
and - 6 - HB0076 compared with HB0076S03 (ii) (i){(A)} annually by no later than {March } July 1;
and (ii)(A) annually by no later than July 1;
and (ii){(B)} for the previous calendar year.
and (B) for the previous calendar year.
(5) (a) The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate.
(5)(a) The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate.
(a){(b)} {The } Notwithstanding Subsection (5)(a), the division shall treat {the information reported to the division under Subsection (3) or (4) } information as proprietary information that may not be disclosed as a protected record under Subsection 63G-2-305(2) if {the operator of the large data center complies with Section 63G-2-309, except that the division shall annually disclose by no later than July 1 aggregated and anonymized data from the reports submitted under Subsection (3) or (4) for the previous calendar year} :
(b) Notwithstanding Subsection (5)(a), the division shall treat information as proprietary information that may not be disclosed as a protected record under Subsection 63G-2-305(2) if:
or (C) Subsection (4)(a)(iv), if at the time the division requires the information by rule, the division provides that the division will treat the information as a protected record in accordance with this Subsection (5)(b).
or (C) Subsection (4)(a)(iv), if at the time the division requires the information by - 6 - Enrolled Copy H.B.
76 rule, the division provides that the division will treat the information as a protected record in accordance with this Subsection (5)(b).
(i) on the division's {website} public website, organized by county;
(i) on the division's public website, organized by county;
and (ii) to each municipality or county in which is located a new large data center required to report under {this section} Subsection (4).
and (ii) to each municipality or county in which is located a new large data center required to report under Subsection (4).
(b){(d)} Notwithstanding {Subsection (5)(a)} the other provisions of this Subsection (5), the division shall provide non-proprietary information from a report under Subsection (3) or (4) to the Division of Water Quality and the relevant water provider, if any.
(d) Notwithstanding the other provisions of this Subsection (5), the division shall provide non-proprietary information from a report under Subsection (3) or (4) to the Division of Water Quality and the relevant water provider, if any.
(6) (a) The division may enforce the reporting requirements in accordance with this Subsection (6).
(6)(a) The division may enforce the reporting requirements in accordance with this Subsection (6).
- 7 - HB0076 compared with HB0076S03 (b) If the operator of a large data center fails to submit a report required under Subsection (3) or (4) or submits an incomplete report, the division shall notify the operator of the large data center of the failure or incompleteness.
(b) If the operator of a large data center fails to submit a report required under Subsection (3) or (4) or submits an incomplete report, the division shall notify the operator of the large data center of the failure or incompleteness.
(c) If the operator of the large data center fails to submit a complete report after receipt of notice under Subsection (6)(b), the division shall impose a fine in accordance with Section 73-2-25 of up to {$10,000 } $100 for each day the operator of the large data center fails to comply with this Subsection (6).
(c) If the operator of the large data center fails to submit a complete report after receipt of notice under Subsection (6)(b), the division shall impose a fine in accordance with Section 73-2-25 of up to $100 for each day the operator of the large data center fails to comply with this Subsection (6).
Effective date.
3-2-26 11:24 AM - 8 -
- 7 -
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