Data center reporting requirements
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(a) Utility usage Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a national requirement for covered entities to provide to the public— (1) for each new data center that is, or is planned to be, owned, operated, or maintained by the covered entity, estimates of the utility usage by the new data center for— (A) the first year of planned operation of the new data center; and (B) each of the next 5 years following that first year of planned operation; and (2) for each existing data center that is, or is planned to be, owned, operated, or maintained by the covered entity— (A) estimates of the utility usage by the existing data center for— (i) the current year; and (ii) each of the next 5 years; and (B) information on the actual utility usage during each of the 5 most recent previous years during which the existing data center was operational. (b) Real property or possessory interests (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a national requirement for covered entities to publicly disclose any acquisition of real property or a possessory interest in real property (including a lease) with the intent to build or expand a data center. (2) Requirement The disclosure under paragraph (1) shall include— (A) any transaction or agreement relating to the acquisition described in that paragraph between— (i) the covered entity; and (ii) any party from which the real property or possessory interest is acquired; (B) any related transaction or agreement between the covered entity and any government entity; and (C) any related transaction or agreement between a party described in subparagraph (A)(ii) and any government entity. (c) Agreements (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a national requirement for— (A) covered entities to publicly disclose any transaction or agreement with a utility regarding utility service for a data center, including any financial arrangement for a Rate Effect Credit; and (B) utilities to publicly disclose any transaction or agreement with a covered entity or a data center regarding utility service for a data center, including any financial arrangement for a Rate Effect Credit. (2) Requirement The disclosure under paragraph (1) shall include— (A) a description of any subsidy, credit, discount, cost-sharing arrangement, tax benefit, or other incentive, financial or otherwise, that the utility, local government or municipality, or State government provides, or has agreed to provide, to the covered entity regarding utility service; and (B) with respect to each subsidy, credit, discount, cost-sharing arrangement, tax benefit, or other incentive described in subparagraph (A)— (i) an estimate of total savings for the covered entity; and (ii) a statement of whether the covered entity is financially affiliated with the applicable utility.