Sponsored by:
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires data centers to submit water supply emergency contingency plan to DEP and municipalities.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring data centers to submit a water supply emergency contingency plan to mitigate operational disruptions, and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Data center” means a facility: (1) whose primary services are the storage, management, and processing of digital data; (2) that is used to house computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services; and (3) that has, or is projected to have, a peak electrical load of at least 25 megawatts. “Data center” shall not include a facility that is used primarily for internal operations by a licensed health care facility or licensed health care provider so long as the facility does not operate as a commercial data processing or colocation facility for an unaffiliated entity.
“Department” means the Department of Environmental Protection.
“Public water system” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pre-treatment storage facilities not under such control which are used primarily in connection with such system.
b. No later than 12 months after the effective date of this act, each owner or operator of a data center shall prepare and submit to the department and the municipality in which the data center is located an emergency contingency plan to mitigate operational disruptions during emergency conditions, including, but not limited to, droughts, water shortages, or other water supply disruptions. The owner or operator of the data center shall certify that the contingency plan is consistent with applicable local, regional, and State emergency response plans. The emergency contingency plan shall contain the following information, at a minimum:
(1) basic information relating to the data center, including the:
(a) name of the data center;
(b) owner or operator of the data center;
(c) address of the data center; and
(d) month and year that the data center commenced, or is anticipated to commence, operation; and
(2) the strategy, methods, resources, and technology the data center plans to implement to mitigate a disruption to its operations during emergency conditions, which may include:
(a) alternative sources of water, including a public water system, groundwater, and surface water, and whether water from such sources is potable or reclaimed. If a data center uses water from a public water system, the owner or operator of the data center shall provide the name of the public water system and any water service agreements between the public water system and the data center. If a data center utilizes more than one water source, the owner or operator of the data center shall provide information regarding water usage from each source as a percentage of total water usage;
(b) alternative cooling systems that maximize the efficient use of water and minimize net water consumption;
(c) closed loop systems;
(d) rainwater and stormwater capture infrastructure; and
(e) any other water conservation measures determined to be necessary by the data center.
c. An owner or operator of a data center that makes any update to its emergency contingency plan shall submit the updated emergency contingency plan to the department and the municipality in which the data center is located.
d. Within 180 days of receiving an emergency contingency plan pursuant to subsection b. of this section, the department shall publish the emergency contingency plan on its Internet website.
2. This act shall take effect immediately.
STATEMENT
This bill would require the owner or operator of every data center to prepare and submit a water supply emergency contingency plan to mitigate operational disruptions during emergency conditions to the Department of Environmental Protection and the municipality in which the data center is located. The emergency contingency plan is required to contain: (1) basic information relating to the data center; and (2) the strategy, methods, resources, and technology the data center plans to implement to mitigate a disruption to its operations during emergency conditions.