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A4696
ASSEMBLY, No. 4696
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 16, 2026
Sponsored by:
Assemblywoman� ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Morales
SYNOPSIS
���� Requires owner or operator of data center to submit
water and energy usage report to BPU.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning water and energy usage at data
centers and supplementing Title 48 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. �a. �As used in this
section:
���� �Board� means the Board of
Public Utilities.
���� �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.
���� �Data center� means a
facility: (1) whose primary services are the storage, management, and
processing of digital data; and (2) that is used to house computer and network
systems, including associated components such as servers, network equipment and
appliances, telecommunications, and data storage systems, systems for
monitoring and managing infrastructure performance, Internet-related equipment
and services, data communications connections, environmental controls, fire
protection systems, and security systems and services.
���� �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. �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 quarterly
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:
���� (1) basic information relating
to the data center, including:
���� (a) the name of the data
center;
���� (b) the owner or operator of
the data center;
���� (c) the address of the data
center;
���� (d) the nature or purpose of
the data center; and
���� (e) the month and year that
the data center commenced operation;
���� (2) information related to
energy and water usage at the data center, including:
���� (a) the total energy
consumption in kilowatt hours, including the use of electricity, fuels, and
other energy sources used for cooling;
���� (b) the name of the electric
utility serving the data center and any electric service agreements between the
electric utility and the data center;
���� (c) all on-site power
supplies, including any primary power on site and emergency backup power supply
and any permit information such as permit numbers, capacity, tier level, fuel
type, total permitted emissions for the data center, and any other relevant
information;
���� (d) the total energy
consumption of information technology equipment in kilowatt hours measured as
the value of the combined annual energy consumption at every uninterruptible
power system connected to information technology equipment;
���� (e) the total water input in
cubic meters that includes all water volumes that enter the data center that
are used for 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;
���� (3) performance calculations
and indicators for the data center, including the energy reuse factor, power
usage effectiveness, renewable energy factor, and water usage effectiveness;
���� (4) sustainability indicators
for the data center, including:
���� (a) the average set point
information technology equipment intake air temperature in degrees Fahrenheit,
which shall be measured as the average set point temperature in all of the data
center�s computer rooms over a 12-month period;
���� (b) 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 technology
equipment, averaged over 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�s computer rooms;
���� (c) the amount of electricity
derived from renewable energy in kilowatt hours; and
���� (d) the amount of waste heat
reused in kilowatt hours; and
���� (5) any other
information determined by the board to be necessary.
���� c. �Within 30 days of
receiving a water and energy usage report from the owner or operator of a data
center pursuant to subsection b. of this section, the board shall publish the
information on its Internet website, and update the information as necessary.
���� d. �An owner or operator of a
data center that has submitted a water and energy usage report to the board
pursuant to subsection b. of this section shall notify the board of any
substantial change in operations or technologies at the data center that would require
an update to the information provided in the water and energy usage report
submitted pursuant to subsection b. of this section at least 60 days prior to
implementing the change in operations or technologies at the data center.
���� e.� The board shall consult
and coordinate with the Department of Environmental Protection in implementing
the provisions of this section.
���� 2. �This act shall take effect
immediately.
STATEMENT
���� This bill, would require the
owner or operator of a data center in the State to prepare and submit a
quarterly water and energy usage report to the Board of Public Utilities (BPU)
that contains the following information, at a minimum: (1) basic information
relating to the data center; (2) information related to energy and water usage
at the data center; (3) performance calculations and indicators for the data
center, including the energy reuse factor, power usage effectiveness, renewable
energy factor, and water usage effectiveness; (4) sustainability indicators for
the data center; and (5) any other information determined by the BPU to be
necessary. Data centers that have been in operation for at least a year
would be required to provide the report to the BPU within three months after
the bill�s enactment, and all other data centers would be required to provide
the report to the BPU within six months after the bill�s enactment.
Within 30 days of receiving a water and energy usage report from the owner or operator
of a data center pursuant to the bill�s provisions, the BPU would be required
to publish the information on its Internet website, and update the information
as necessary.
���� An owner or operator of a data
center that has submitted a water and energy usage report to the BPU pursuant
to the bill�s provisions would be required to notify the BPU of any substantial
change in operations or technologies at the data center that would require an
update to the information provided in the water and energy usage report at
least 60 days prior to implementing the change in operations or technologies at
the data center.