| Old | New | Differences | |
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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 93Introduced by Assembly Member PapanJanuary 07, 2025An act to add Sections 16000.4 and 16100.4 to the Business and Professions Code and to amend Section 390.1 of, and to add Section 189.4 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 93, as amended, Papan. Water resources: demands: artificial intelligence. data centers.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified.This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards, as determined by a local jurisdiction, as provided. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.Existing law establishes the State Energy Resources Conservation and Development Commission with various responsibilities with respect to developing and implementing the states energy policies. Existing law establishes the State Water Resources Control Board and requires the board to, among other things, recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds, as specified.This bill would require the board and the commission to develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives, as provided, and specified federal law.Existing law requires a public entity, as defined, to conduct a water usage demand analysis, as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with applicable law. Existing law requires a public entity to identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users.This bill would require a public entity to additionally identify, within the above-described water usage demand analysis, the average volume of water delivered to data centers. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented.This bill would express the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read:16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center.SEC. 2. Section 16100.4 is added to the Business and Professions Code, to read:16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center.SEC. 3. Section 189.4 is added to the Water Code, to read:189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage.SEC. 4. Section 390.1 of the Water Code is amended to read:390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis.SEC. 5. The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 4 of this act adding Sections 16000.4 and 16100.4 to the Business and Professions Code and amending Section 390.1 of the Water Code apply to all cities, including charter cities.SEC. 6. (a) No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district to the extent that:(1) This act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(2) A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for a program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(b) Notwithstanding subdivision (a), if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 93Introduced by Assembly Member PapanJanuary 07, 2025An act to add Sections 16000.4 and 16100.4 to the Business and Professions Code and to amend Section 390.1 of, and to add Section 189.4 to, the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGESTAB 93, as amended, Papan. Water resources: demands: artificial intelligence. data centers.Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified.This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards, as determined by a local jurisdiction, as provided. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.Existing law establishes the State Energy Resources Conservation and Development Commission with various responsibilities with respect to developing and implementing the states energy policies. Existing law establishes the State Water Resources Control Board and requires the board to, among other things, recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds, as specified.This bill would require the board and the commission to develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives, as provided, and specified federal law.Existing law requires a public entity, as defined, to conduct a water usage demand analysis, as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with applicable law. Existing law requires a public entity to identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users.This bill would require a public entity to additionally identify, within the above-described water usage demand analysis, the average volume of water delivered to data centers. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented.This bill would express the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 8 | 7 | Amended IN Assembly March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 93 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member PapanJanuary 07, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Papan | |
| 19 | 18 | January 07, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to add Sections 16000.4 and 16100.4 to the Business and Professions Code | |
| 20 | + | An act to add Sections 16000.4 and 16100.4 to the Business and Professions Code and to amend Section 390.1 of, and to add Section 189.4 to, the Water Code, relating to water. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 93, as amended, Papan. Water resources: demands: data centers. | |
| 26 | + | AB 93, as amended, Papan. Water resources: demands: artificial intelligence. data centers. | |
| 28 | 27 | ||
| 29 | - | Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified.This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require | |
| 28 | + | Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified.This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards, as determined by a local jurisdiction, as provided. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program.Existing law establishes the State Energy Resources Conservation and Development Commission with various responsibilities with respect to developing and implementing the states energy policies. Existing law establishes the State Water Resources Control Board and requires the board to, among other things, recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds, as specified.This bill would require the board and the commission to develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives, as provided, and specified federal law.Existing law requires a public entity, as defined, to conduct a water usage demand analysis, as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with applicable law. Existing law requires a public entity to identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users.This bill would require a public entity to additionally identify, within the above-described water usage demand analysis, the average volume of water delivered to data centers. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented.This bill would express the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources. | |
| 30 | 29 | ||
| 31 | 30 | Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees, as specified. | |
| 32 | 31 | ||
| 33 | - | This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require | |
| 32 | + | This bill would require a person who owns or operates a data center, as defined, to provide, when applying to a city or a county for an initial business license, equivalent instrument, or permit, under penalty of perjury, on the application, an estimate of the expected water use. The bill would require a person who owns or operates a data center to provide, when applying to a city or county for a renewal of a business license, equivalent instrument, or permit, under penalty of perjury, on the application, a report of the annual water use. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a city or county to require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards, as determined by a local jurisdiction, as provided. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program. | |
| 34 | 33 | ||
| 35 | - | Existing law establishes the State Energy Resources Conservation and Development Commission with various responsibilities with respect to developing and implementing the states energy policies. Existing law establishes the State Water Resources Control Board and requires the board to, among other things, recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds, as specified. | |
| 34 | + | Existing law establishes the State Energy Resources Conservation and Development Commission with various responsibilities with respect to developing and implementing the states energy policies. Existing law establishes the State Water Resources Control Board and requires the board to, among other things, recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds, as specified. | |
| 36 | 35 | ||
| 37 | - | This bill would require the board | |
| 36 | + | This bill would require the board and the commission to develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives, as provided, and specified federal law. | |
| 38 | 37 | ||
| 39 | 38 | Existing law requires a public entity, as defined, to conduct a water usage demand analysis, as defined, prior to completing, or as part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with applicable law. Existing law requires a public entity to identify, within the water usage demand analysis, the costs of water service for the highest users, as defined, incurred by the public entity, and the average annual volume of water delivered to high water users. | |
| 40 | 39 | ||
| 41 | 40 | This bill would require a public entity to additionally identify, within the above-described water usage demand analysis, the average volume of water delivered to data centers. By requiring a higher level of service of public entities, the bill would impose a state-mandated local program. | |
| 42 | 41 | ||
| 43 | 42 | The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. | |
| 44 | 43 | ||
| 45 | 44 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 46 | 45 | ||
| 47 | 46 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons. | |
| 48 | 47 | ||
| 49 | 48 | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 50 | 49 | ||
| 50 | + | The California Constitution declares that the general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 54 | + | This bill would express the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources. | |
| 55 | + | ||
| 56 | + | ||
| 57 | + | ||
| 51 | 58 | ## Digest Key | |
| 52 | 59 | ||
| 53 | 60 | ## Bill Text | |
| 54 | 61 | ||
| 55 | - | The people of the State of California do enact as follows:SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read:16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 62 | + | The people of the State of California do enact as follows:SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read:16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center.SEC. 2. Section 16100.4 is added to the Business and Professions Code, to read:16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center.SEC. 3. Section 189.4 is added to the Water Code, to read:189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage.SEC. 4. Section 390.1 of the Water Code is amended to read:390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis.SEC. 5. The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 4 of this act adding Sections 16000.4 and 16100.4 to the Business and Professions Code and amending Section 390.1 of the Water Code apply to all cities, including charter cities.SEC. 6. (a) No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district to the extent that:(1) This act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(2) A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for a program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(b) Notwithstanding subdivision (a), if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources. | |
| 56 | 63 | ||
| 57 | 64 | The people of the State of California do enact as follows: | |
| 58 | 65 | ||
| 59 | 66 | ## The people of the State of California do enact as follows: | |
| 60 | 67 | ||
| 61 | - | SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read:16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 68 | + | SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read:16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 62 | 69 | ||
| 63 | 70 | SECTION 1. Section 16000.4 is added to the Business and Professions Code, to read: | |
| 64 | 71 | ||
| 65 | 72 | ### SECTION 1. | |
| 66 | 73 | ||
| 67 | - | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 74 | + | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 68 | 75 | ||
| 69 | - | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 76 | + | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 70 | 77 | ||
| 71 | - | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 78 | + | 16000.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 72 | 79 | ||
| 73 | 80 | ||
| 74 | 81 | ||
| 75 | 82 | 16000.4. (a) For purposes of this section: | |
| 76 | 83 | ||
| 77 | 84 | (1) Data center means 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. Types of data centers include the following: | |
| 78 | 85 | ||
| 79 | 86 | (A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts. | |
| 80 | 87 | ||
| 81 | 88 | (B) Type II data center, means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts. | |
| 82 | 89 | ||
| 83 | - | (C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 90 | + | (C) Type III data center, means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts. | |
| 84 | 91 | ||
| 85 | 92 | (2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses. | |
| 86 | 93 | ||
| 87 | 94 | (b) (1) When applying to a city for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use. | |
| 88 | 95 | ||
| 89 | 96 | (2) When applying to a city for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use. | |
| 90 | 97 | ||
| 91 | - | (c) A city shall require | |
| 98 | + | (c) A city shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 92 | 99 | ||
| 93 | - | SEC. 2. Section 16100.4 is added to the Business and Professions Code, to read:16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 100 | + | SEC. 2. Section 16100.4 is added to the Business and Professions Code, to read:16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 94 | 101 | ||
| 95 | 102 | SEC. 2. Section 16100.4 is added to the Business and Professions Code, to read: | |
| 96 | 103 | ||
| 97 | 104 | ### SEC. 2. | |
| 98 | 105 | ||
| 99 | - | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 106 | + | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 100 | 107 | ||
| 101 | - | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 108 | + | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 102 | 109 | ||
| 103 | - | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 110 | + | 16100.4. (a) For purposes of this section:(1) Data center means 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. Types of data centers include the following:(A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts.(B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts.(C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts.(2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses.(b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use.(2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use.(c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 104 | 111 | ||
| 105 | 112 | ||
| 106 | 113 | ||
| 107 | 114 | 16100.4. (a) For purposes of this section: | |
| 108 | 115 | ||
| 109 | 116 | (1) Data center means 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. Types of data centers include the following: | |
| 110 | 117 | ||
| 111 | 118 | (A) Type I data center, also commonly known as a hyperscale data center, means a data center with more than 10,000 kilograms per square meter and more than 10,000 servers with a power consumption of more than 25 megawatts. | |
| 112 | 119 | ||
| 113 | 120 | (B) Type II data center means a data center with at least 2,000 and no more than 50,000 kilograms per square meter and a power consumption of at least 2 megawatts and no more than 25 megawatts. | |
| 114 | 121 | ||
| 115 | - | (C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 | |
| 122 | + | (C) Type III data center means a data center with at least 500 and no more than 5,000 kilograms per square meter and a power consumption of less than 2 megawatts. | |
| 116 | 123 | ||
| 117 | 124 | (2) Local jurisdiction means a city, county, or other political subdivision within the state that issues business licenses. | |
| 118 | 125 | ||
| 119 | 126 | (b) (1) When applying to a county for an initial business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the application, an estimate of the expected water use. | |
| 120 | 127 | ||
| 121 | 128 | (2) When applying to a county for a renewal of a business license, equivalent instrument, or permit, a person who owns or operates a data center shall provide, under penalty of perjury, on the renewal application, a report of annual water use. | |
| 122 | 129 | ||
| 123 | - | (c) A county shall require a data centers center operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a the local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 130 | + | (c) A county shall require data centers operating within its jurisdiction, as a condition for obtaining or renewing a business license, to meet efficiency standards as determined by a local jurisdiction. These efficiency standards may include, but not be limited to, the use of closed-loop systems, the use of nonpotable water, and the installation of rainwater and storm water capture infrastructure. These efficiency standards may also be more stringent for a hyperscale data center than a Type II data center, whose applicable efficiency standards may be more stringent than a Type III data center. | |
| 131 | + | ||
| 132 | + | SEC. 3. Section 189.4 is added to the Water Code, to read:189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 133 | + | ||
| 134 | + | SEC. 3. Section 189.4 is added to the Water Code, to read: | |
| 135 | + | ||
| 136 | + | ### SEC. 3. | |
| 137 | + | ||
| 138 | + | 189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 139 | + | ||
| 140 | + | 189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 141 | + | ||
| 142 | + | 189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 124 | 143 | ||
| 125 | 144 | ||
| 126 | 145 | ||
| 146 | + | 189.4. On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 127 | 147 | ||
| 128 | - | ||
| 129 | - | On or before January 1, 2028, the board and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star program is applicable to water usage. | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | SEC. 3. Section 147.4 is added to the Water Code, to read:147.4. On or before January 1, 2028, the department and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star Program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star Program is applicable to water usage. | |
| 134 | - | ||
| 135 | - | SEC. 3. Section 147.4 is added to the Water Code, to read: | |
| 136 | - | ||
| 137 | - | ### SEC. 3. | |
| 138 | - | ||
| 139 | - | 147.4. On or before January 1, 2028, the department and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star Program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star Program is applicable to water usage. | |
| 140 | - | ||
| 141 | - | 147.4. On or before January 1, 2028, the department and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star Program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star Program is applicable to water usage. | |
| 142 | - | ||
| 143 | - | 147.4. On or before January 1, 2028, the department and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star Program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star Program is applicable to water usage. | |
| 144 | - | ||
| 145 | - | ||
| 146 | - | ||
| 147 | - | 147.4. On or before January 1, 2028, the department and the State Energy Resources Conservation and Development Commission shall develop guidelines and best practices to maximize the use of natural resources to address the developing and emerging needs of technology in California that are consistent with urban water use objectives under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6 and the Energy Star Program of the United States Environmental Protection Agency, as that program existed on January 1, 2025, to the extent that the Energy Star Program is applicable to water usage. | |
| 148 | - | ||
| 149 | - | SEC. 4. Section 390.1 of the Water Code is amended to read:390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 148 | + | SEC. 4. Section 390.1 of the Water Code is amended to read:390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 150 | 149 | ||
| 151 | 150 | SEC. 4. Section 390.1 of the Water Code is amended to read: | |
| 152 | 151 | ||
| 153 | 152 | ### SEC. 4. | |
| 154 | 153 | ||
| 155 | - | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 154 | + | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 156 | 155 | ||
| 157 | - | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 156 | + | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 158 | 157 | ||
| 159 | - | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 158 | + | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following:(1) The costs of water service for the highest users incurred by the public entity.(2) The average annual volume of water delivered to high water users.(3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code.(b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 160 | 159 | ||
| 161 | 160 | ||
| 162 | 161 | ||
| 163 | - | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify all of the following: | |
| 162 | + | 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both all of the following: | |
| 164 | 163 | ||
| 165 | 164 | (1) The costs of water service for the highest users incurred by the public entity. | |
| 166 | 165 | ||
| 167 | 166 | (2) The average annual volume of water delivered to high water users. | |
| 168 | 167 | ||
| 169 | 168 | (3) The average volume of water delivered to data centers, as defined in Sections 16000.4 and 16100.4 of the Business and Professions Code. | |
| 170 | 169 | ||
| 171 | 170 | (b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entitys cost-of-service analysis. | |
| 172 | 171 | ||
| 173 | 172 | SEC. 5. The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 4 of this act adding Sections 16000.4 and 16100.4 to the Business and Professions Code and amending Section 390.1 of the Water Code apply to all cities, including charter cities. | |
| 174 | 173 | ||
| 175 | 174 | SEC. 5. The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 4 of this act adding Sections 16000.4 and 16100.4 to the Business and Professions Code and amending Section 390.1 of the Water Code apply to all cities, including charter cities. | |
| 176 | 175 | ||
| 177 | 176 | SEC. 5. The Legislature finds and declares that water conservation is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 4 of this act adding Sections 16000.4 and 16100.4 to the Business and Professions Code and amending Section 390.1 of the Water Code apply to all cities, including charter cities. | |
| 178 | 177 | ||
| 179 | 178 | ### SEC. 5. | |
| 180 | 179 | ||
| 181 | 180 | SEC. 6. (a) No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district to the extent that:(1) This act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(2) A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for a program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(b) Notwithstanding subdivision (a), if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 182 | 181 | ||
| 183 | 182 | SEC. 6. (a) No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district to the extent that:(1) This act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.(2) A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for a program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(b) Notwithstanding subdivision (a), if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 184 | 183 | ||
| 185 | 184 | SEC. 6. (a) No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district to the extent that: | |
| 186 | 185 | ||
| 187 | 186 | ### SEC. 6. | |
| 188 | 187 | ||
| 189 | 188 | (1) This act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 190 | 189 | ||
| 191 | 190 | (2) A local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for a program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 192 | 191 | ||
| 193 | 192 | (b) Notwithstanding subdivision (a), if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | It is the intent of the Legislature to enact future legislation that would maintain water and energy efficiency to the extent that new technology, including, but not limited to, artificial intelligence, increases the demands on already limited resources. |