HB0076S03Enrolled comparedCopy withH.B. 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:
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DataDunnigan CenterTrevor WaterLee {PolicyJoseph }Elison TransparencyClinton AmendmentsD. GENERAL SESSION STATE OF UTAH Chief Sponsor:
JillOkerlund Koford3 SenateLONG Sponsor:ScottTITLE D.General Description:
Sandall 3 LONG TITLE General Description:
H Money Appropriated in this Bill:
B None Other Special Clauses:
7 HB0076 compared with HB0076S03 None Utah Code Sections Affected:
AMENDS:H.B.
73-2-2576 ,Enrolled asCopy lastAMENDS: amended by Laws of Utah 2014, Chapter 369 ENACTS:
73-5-8.373-2-25, ,as Utahlast Codeamended Annotated 1953 Be it enacted by theLaws Legislature of theUtah state2014, ofChapter Utah: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)(2)(a) (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[.] ;
- 2 - HB0076 compared with HB0076S03 (ii) does not interfere with an existing water right;
(A)- absorbs2 into- theEnrolled groundCopy orH.B. is released for discharge;
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)(3)(c), (c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(6)(6)(a) - 3 - HB0076 compared with HB0076S03 (a) The state engineer's final order may be reviewed by trial de novo by the [district{]}[district ]court] court with jurisdiction in:
(b)- A3 person- shallH.B. 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.
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 273-5-8.3 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;
or (ii) a land use authority, as defined in Section {17-27a-103} 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;
- 4 - HB0076 compared with HB0076S03 (A) the operator of the data center facility;
(A)- the4 operator- ofEnrolled theCopy dataH.B. center facility;
76 (A) the operator of the data center facility;
(f){(g)}(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){(h)}(h) "Water provider" means:
and (c) the relevant water {supplier} provider, if any.
(3) {Beginning January 1, 2027} On or after July 1, 2026, at least {180 } 90 days, but no sooner than 360 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:
(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;
and - 5 - HB0076 compared with HB0076S03 (b) report to the division:
(i) the municipalitymunicipality, , if applicable, and county in which the new large data center will be located;
{(ii)(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;
{(iv)(iii) {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 dischargesdischarges, {will be treated} , if applicable;
(vii){(iv)}- whether5 and,- ifH.B. so, the estimated extent to which discharge temperature will be adjusted;
and76 (viii){(v)}Enrolled Copy (iv) whether and, if so, the plannedestimated extent to which thedischarge newtemperature large data center will engagebe inadjusted; water reuse or activities to replace water used by the new large data center.
(4)and (a)(v) Subjectwhether toand, Subsectionif (4)(b),so, afterthe aplanned extent to which the new large data center beginswill operation,engage thein operatorwater ofreuse theor largeactivities datato centerreplace shallwater reportused toby the divisionfornew thelarge calendardata yearcenter. being reported on:
{(i)(4)(a) {updates,Subject ifto any,Subsection to(4)(b), theafter informationa reportednew underlarge Subsectiondata (3);}center }begins (ii){(i)}operation, effortsthe madeoperator toof reducethe waterlarge consumptiondata overcenter shall report to the {pastdivision }for the calendar year;year being reported on:
{(iii)(i) {aefforts comparisonmade of:}to }reduce {(A) {projected water useconsumption forover the calendar yearyear; previous to the year being reported on;} } (B){(ii)} actual {use } withdrawals for the calendar year {being reported on;
and}(ii) ;actual withdrawals for the calendar year;
{(C)(iii) {projected water use for the next calendar year;} } (iv){(iii)} efforts to protect the environment and public from polluted waterwater, , if applicable, in the {previous } calendar year;
and (v){(iv)}(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):
and -(ii)(A) 6 - HB0076 compared with HB0076S03 (ii) (i){(A)} annually by no later than {March } July 1;
and (ii){(B)}(B) for the previous calendar year.
(5)(5)(a) (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)}(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) ifif: {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} :
or (C) Subsection (4)(a)(iv), if at the time the division requires the information by rule,- the6 division- providesEnrolled thatCopy theH.B. division will treat the information as a protected record in accordance with this Subsection (5)(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;
and (ii) to each municipality or county in which is located a new large data center required to report under {this section} Subsection (4).
(b){(d)}(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.
(6)(6)(a) (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.
(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).
Effective date.
3-2-26 11:24 AM - 87 -