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