Data centers: reporting.

New Government Code Section 7927.303 creates a standalone confidentiality provision prohibiting the commission or local agencies from disclosing personally identifiable information or energy consumption data for specific data center customers, with clarifications that it does not preempt other laws, require special labeling, or waive attorney-client privilege or trade secret protection.

New Government Code Section 65909.3 moves the local agency permit application reporting requirement (energy consumption estimates, onsite generation, sound levels) from the Public Resources Code into the Government Code, giving it a different statutory home and potentially different administrative context.

The term 'owner' is replaced throughout with 'owner or operator,' and the definition is narrowed to mean the entity responsible for overseeing 'daily operations' of the data center facility rather than simply overseeing the entire facility.

The exemption for utility facilities is broadened to include 'cable, or internet service provider' in addition to the previous reference to only 'telecommunications services to the public by a terrestrial facilities-based telecommunications provider.'

A new subdivision (f) in Section 25302.10 explicitly exempts publicly funded research facilities, public safety facilities, publicly funded national security facilities, publicly owned facilities, and other utility facilities from the commission reporting requirements.

Annual reporting submissions must now be disaggregated by month over the reporting period unless otherwise specified by the commission, providing more granular time-series data.

A new subdivision (e) requires the commission to establish a process for data center owners or operators to identify information they claim is exempted or prohibited from disclosure under federal or state law, including Evidence Code privilege provisions, while clarifying this does not create new CPRA exemptions.

Onsite generation reporting now explicitly includes 'both behind-the-meter primary and backup power generation' in multiple provisions, making the scope of covered generation clearer.

The main Public Resources Code section is renumbered from 25245 to 25302.10, placing it near the existing integrated energy policy report provisions (Section 25302) rather than in a separate block of sections.

The minimum size threshold for a facility to be classified as a 'data center' under the bill was raised from 500 kilowatts to 10 megawatts of installed IT equipment electrical capacity. Facilities below this threshold are excluded from all reporting requirements. This 20-fold increase means far more data centers (those between 500 kW and 10 MW) are now subject to the bill's reporting obligations.

The ongoing reporting frequency was changed from 'on a monthly basis at least annually' to simply 'at least annually.' Data center owners no longer need to submit monthly data to the California Energy Commission; annual submission is sufficient.

A requirement for data center owners to report the quantity of electricity associated with renewable energy credits (identified by portfolio content category under Public Utilities Code Section 399.16) was removed from the annual reporting items.

The language governing which integrated energy policy reports must include data center load assessments was restructured to clarify that the commission shall include the assessment in the 2029 report and in subsequent biennial reports as determined by the commission, rather than the prior ambiguous phrasing.

The data center exemption threshold was raised from less than 500 kilowatts of installed IT equipment electrical capacity to less than 10 megawatts, meaning far fewer small facilities are now exempt from reporting requirements.

A new exclusion was added for publicly funded research facilities, public safety facilities, publicly funded national security facilities, publicly owned facilities, and other utility facilities including terrestrial facilities-based telecommunications providers.

The state-mandated local program designation was changed from yes to no, and the corresponding reimbursement provision (former Section 5) was removed entirely.

The ongoing reporting frequency to the California Energy Commission was reduced from monthly to at least annually following energization of the data center.

The submission requirement now specifies both manner and timeframe (previously only manner) as determined by the commission.

A new requirement was added for the commission to establish a process allowing data center owners to obtain an exemption from reporting data that would jeopardize trade secrets if disclosed.

All three new code sections were renumbered from 25302.10, 25302.11, and 25302.12 to 25245, 25246, and 25247 of the Public Resources Code.

The integrated energy policy report requirement now references biennial reports under Section 25302 in addition to the initial 2029 edition.

All substantive provisions were moved from sections 25302.10, 25302.11, and 25302.12 to new sections 25245, 25246, and 25247 of the Public Resources Code. The original section numbers remain as empty placeholders, placing the data center rules in a different part of the code.

The requirement for data center owners or developers to submit expected annual total water consumption and expected annual potable water consumption (both in gallons) to local agencies when applying for permits was removed. Local agencies will no longer receive water use estimates as part of the permitting process.

A new requirement was added that the Energy Commission's reporting process must account for reasonable delays in a data center owner's ability to obtain information from a load-serving entity, energy service provider, or intermediary. This acknowledges practical difficulties in getting utility data and gives the commission explicit guidance to build flexibility into deadlines.

The digest line for 'State-mandated local program' was changed from 'yes' to include 'no,' suggesting the Senate may have reclassified whether the bill imposes a state-mandated local program, though the markup is ambiguous.

The definition of 'data center' was changed from a room-based definition with specific thresholds (greater than 10 kilowatts and 20 watts per square foot of conditioned floor area) to a broader facility-based definition covering any facility housing computing infrastructure for processing, storing, or distributing electronic data. The 500-kilowatt exclusion threshold remains in both versions.

The definition of 'water usage effectiveness' (ratio of total water consumption to water used by IT equipment) was removed from the bill entirely.

Monthly reporting of water consumption data (total water consumption, potable water consumption, and water usage effectiveness) was removed from the commission reporting requirements. Water data remains only in the local agency permit application submission.

Monthly electrical reporting changed from 'total electrical capacity expressed in kilowatts' to simply 'maximum electrical load of the data center,' removing the requirement to express it in a specific unit.

Detailed renewable energy source categories were removed from monthly reporting. The old version required separate reporting for: onsite or procured renewable/carbon-free energy, hydroelectric facilities exceeding 30 MW, nuclear power plants, and renewable energy credits. The new version only requires reporting the quantity of electricity associated with renewable energy credits identified by portfolio content category.

Monthly reporting of average and maximum sound levels (in A-weighted decibels at the property boundary) was removed from commission reporting. Sound level data remains required only when applying for local permits.

Provisions allowing owners to avoid resubmitting previously submitted information and to satisfy requirements by submitting reports prepared for other state, federal, or international law compliance purposes were removed.

The integrated energy policy report requirement changed from 'each subsequent edition' to 'each subsequent edition as deemed appropriate by the commission,' giving the commission discretion over how frequently to include data center load trend assessments.

The confidentiality provision was broadened from protecting 'personally identifiable information' of a 'utility data center customer' to protecting 'identifiable information' of a 'data center customer,' removing the 'personally' and 'utility' qualifiers.

The definition of 'data center' is broadened to include 'a facility, or part of a facility, that houses computing infrastructure, including graphics and central processing units, servers, storage devices, networking equipment, and associated power and cooling systems, for the primary purpose of processing, storing, or distributing electronic data,' in addition to the existing room-based definition.

A new definition of 'owner' is added: 'the individual or entity responsible for overseeing the entire data center facility, regardless of the individual parties that may rent or host equipment at the facility.'

The definition of 'applicable local agency' is simplified by removing the reference to 'a public agency serving as the lead agency for purposes of the California Environmental Quality Act.'

Initial reporting to the Energy Commission now occurs 'upon energization of the data center and following any substantive change' rather than on a monthly basis. Monthly reporting begins after energization.

Two new items are added to the initial (upon energization) submission: the anticipated electrical peak capacity as submitted per the load interconnection request, and the anticipated quantity of electricity generated and consumed onsite separated by generation type.

In monthly reporting, 'total electrical capacity' is changed to 'maximum electrical load,' and the question about whether the data center provides functions supporting grid stability, reliability, and resilience is removed (only demand flexibility program participation remains).

A new monthly reporting item is added requiring disclosure of 'the energy storage type, capacity, and chemistry, if any are used onsite.'

New language requires the commission to 'aim to establish reporting requirements that reduce duplicate filings and facilitate the submission of substantially similar information.'

Waste heat temperature and intake air temperature setpoint reporting units are changed from Celsius to Fahrenheit.

Local agency reporting (now in separate Section 25302.11) is narrowed from a general reference to 'information described in subdivision (b)' to specific required estimates: expected annual energy consumption, total water consumption, potable water consumption, onsite electricity generation by type, and average and maximum sound levels at the property boundary.

The confidentiality provision (now Section 25302.12) changes the protected category from 'specific utility customer' to 'specific data center customer,' which is a broader protection covering all data centers rather than only those that are utility customers.

Reporting is now split into two tiers: paragraph (1) requires submission upon energization and after any substantive change (name, addresses, owner info, floor area), while paragraph (2) covers monthly operational data (energy, water, waste heat, generation). Previously all information was submitted on a single monthly basis.

New requirement to report average and maximum sound levels from data center operations in A-weighted decibels, measured at the property boundary point of highest average sound level.

New requirement to report whether the data center participated in any demand flexibility programs, including the name and level of participation in each program.

Cooling degree days changed to 'cumulative cooling degree days,' indicating a running total rather than a monthly figure.

Temperature units changed from degrees Celsius to degrees Fahrenheit for both average waste heat temperature and average intake air temperature setpoint.

New definition of 'cooling degree day' added: the number of degrees by which average outdoor air temperature exceeds 65 degrees Fahrenheit, or zero if it does not exceed that threshold.

The integrated energy policy report assessment is now explicitly required beginning with the 2029 edition and in each subsequent edition thereafter, rather than just as part of the 2029 edition. This makes it a recurring obligation.

New confidentiality clarifications added: (1) the provision does not supersede or preempt other reporting or disclosure requirements under other laws; (2) designating information as confidential under this section does not require the same designation under other laws; (3) disclosure or sharing of submitted information does not waive attorney-client privilege, work product protection, or trade secret protection.

The local agency submission requirement now references paragraph (1) specifically for the best available estimates standard, reflecting the restructured reporting tiers rather than the entire subdivision (b).