HB 76: Data Center Water Transparency Amendments - Utah

Substitute #2 → Substitute #3 · 6 edits

MODERATE

The bill was amended to shift its focus from 'large industrial facilities' to 'large data centers,' specifically targeting the growing water consumption of the tech sector. This change updates the bill's title, long description, and specific definitions to reflect data centers rather than general industrial businesses like factories or mines. The core reporting and enforcement mechanisms remain similar, but the new version applies exclusively to facilities that house networked servers for data storage and processing.

Scope change

The bill's scope was narrowed and specialized; it now applies only to 'large data centers' (facilities with 75+ acre-feet of annual water withdrawal that house servers) instead of a broad range of 'large industrial facilities' (factories, mines, refineries, etc.).

SCOPE

The bill's title and general description were changed from addressing 'Industrial Water Users' to addressing 'Data Center Water Transparency,' reflecting a specific focus on the data center industry.

DEFINITION

The definition of the regulated entity was changed from 'Industrial business' and 'Large industrial facility' to 'Large data center,' which is now defined as a facility housing networked server computers with specific square footage and infrastructure requirements.

The definition of 'Construction activity' was updated to specifically refer to constructing a 'new large data center' rather than a general large industrial facility.

REQUIREMENT

Reporting requirements were updated to apply to 'large data centers' instead of 'large industrial facilities,' requiring operators to report water consumption, discharge plans, and reuse activities specific to data center operations.

TIMELINE

The effective date for reporting requirements was adjusted to July 1, 2026, for new large data centers, whereas the previous version referenced January 1, 2027, for new large industrial facilities.

TECHNICAL

Minor text updates were made throughout the document to replace references to 'industrial' with 'data center' to ensure consistency with the new scope.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

The bill was renamed from focusing on 'Data Centers' to 'Large Industrial Water Users' to broaden its scope beyond just data centers to include other heavy industries like manufacturing and mining. The Senate version updated the definition of covered facilities, adjusted reporting deadlines to align with a July 1 deadline, and significantly reduced the daily penalty for non-compliance from $10,000 to $100.

Scope change

The bill's scope expanded from exclusively covering large data centers to covering any large industrial facility that withdraws 75 acre-feet or more of water annually, including factories, mines, and refineries.

DEFINITION

The definition of the covered entity changed from 'large data center' to 'large industrial facility,' and the definition of the operator was updated to reflect this broader scope.

REQUIREMENT

The reporting deadline for annual data was changed from March 1 to July 1, and the requirement for operators to report specific details about water reuse and temperature adjustments was streamlined.

ENFORCEMENT

The daily fine for failing to submit a complete report was reduced from $10,000 to $100.

TIMELINE

The construction notification window was adjusted to require notification between 90 and 360 days before construction, whereas the previous version required 180 to 360 days.

TECHNICAL

Several section references were updated to match the new section numbering for the Utah Administrative Rulemaking Act and related statutes.

Amended 1/23/2026 11:01:94 → Substitute #1 · 1 edit

MINOR

The bill text was updated to reflect a change in the amendment timestamp from January 23, 2026, to January 22, 2026. The substantive legislative content regarding data center water reporting, including definitions, reporting requirements, and enforcement mechanisms, remains unchanged.

TECHNICAL

The document header timestamp was updated from '1-23-26 11:32 AM' to '1-22-26 10:49 AM', indicating a revision to the bill's version history rather than a change in policy.

Amended Excerpts 1/23/2026 11:01:94 → Amended 1/23/2026 11:01:94 · 8 edits

MODERATE

This bill enacts new laws requiring large data centers in Utah to report water usage details to the state Division of Water Rights before construction and annually thereafter. It also mandates that land use authorities notify water providers and the state before approving data center projects. The changes establish specific reporting deadlines, define what constitutes a 'large data center,' and create penalties for non-compliance.

Scope change

The bill introduces a new enforcement section for the state engineer regarding water rights violations related to data centers and creates a completely new section (73-5-8.3) dedicated to data center water reporting requirements.

REQUIREMENT

Requires land use authorities to notify the Division of Water Rights, Division of Water Quality, and relevant water suppliers before approving large data center applications.

Mandates that large data center operators communicate with water providers and submit detailed water usage reports before construction begins.

Establishes an annual reporting requirement for large data centers to the Division of Water Rights regarding water consumption, discharges, and conservation efforts.

Requires the Division of Water Rights to publish non-aggregated water use data on its website by July 1 each year.

ENFORCEMENT

Adds a new enforcement mechanism allowing the state engineer to issue orders against persons failing to submit required water reports.

Imposes fines of up to $10,000 per day for operators who fail to submit complete water reports after receiving a notice of failure.

DEFINITION

Defines 'large data center' as a facility housing networked servers exceeding 10,000 square feet with specific infrastructure for cooling and energy generation.

TIMELINE

Sets a reporting deadline of at least 180 days (but no sooner than 360 days) before construction begins, effective January 1, 2027.

Enrolled → Amended Excerpts 1/23/2026 11:01:94 · 3 edits

MINOR

The bill was amended to change the effective date of reporting requirements from July 1, 2026, to January 1, 2027, and to shorten the required notice period before construction from 90 days to 180 days. Additionally, the term 'water provider' was changed to 'water supplier' to align with existing legal definitions. These changes adjust the timeline for when large data centers must notify authorities and begin reporting water usage.

Scope change

The scope of applicability remains the same (large data centers defined by water withdrawal and size), but the operational timeline for compliance has been extended by approximately six months.

TIMELINE

The effective date for new reporting requirements was moved from July 1, 2026, to January 1, 2027, giving operators more time to prepare.

REQUIREMENT

The mandatory notice period before construction was increased from 90 days to 180 days, allowing water providers more time to assess compatibility.

DEFINITION

The term 'water provider' was replaced with 'water supplier' to ensure consistency with other Utah statutes.

Introduced → Enrolled · 5 edits · Mar 23, 2026

MODERATE

The bill was amended to shift its focus from general 'data centers' to specifically 'new large data centers,' requiring stricter pre-construction notification and annual reporting of water usage. The definition of a covered facility was significantly expanded to include any center withdrawing 75 acre-feet of water annually or more, lowering the size threshold from 50,000 square feet to 10,000 square feet. Additionally, the penalty for failing to submit required reports was drastically reduced from $10,000 to $100 per day.

Scope change

The bill's scope was narrowed to apply only to 'new large data centers' (those starting operations on or after July 1, 2026), while the definition of what constitutes a large data center was broadened to include smaller facilities based on water withdrawal volume rather than just physical square footage.

DEFINITION

The definition of 'large data center' changed from a facility of 50,000 square feet to any facility withdrawing 75 acre-feet of water annually or more, lowering the physical size threshold to 10,000 square feet.

REQUIREMENT

Pre-construction reporting requirements were tightened to require written notification to water providers detailing anticipated water consumption needs before construction begins.

TIMELINE

The effective date for new reporting requirements was set to July 1, 2026, and annual reports are now due by July 1 instead of March 1.

ENFORCEMENT

The fine for failing to submit a complete report was reduced from $10,000 per day to $100 per day.

TECHNICAL

The bill title was changed from 'Water Policy Amendments' to 'Water Transparency Amendments' to reflect the new focus on public disclosure of specific facility data.

Data Center Water Transparency Amendments

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