Committee advances bill giving DEP oversight of data-center water withdrawals amid local-control concerns

The House Environmental Committee voted to report House Bill 2246 to the full House after a debate over whether the Department of Environmental Protection should have explicit oversight of water withdrawals tied to data centers.

Sponsor Rep. Webster told the committee 'this bill does basically two things' and 'creates the authority for the Department of Environmental Protections to have oversight of the process where water rights and other water issues are associated with the data centers' and includes 'reporting that the data center would be required to do in terms of the amount of water necessary, the temperatures of the water when they take it from the local river, and when they return it or recycle it.'

Rep. Webster said the requirements—reporting amounts and temperatures and creating limited DEP authority—are 'moderate' and intended to provide transparency for residents near proposed facilities. Rep. Rivera, whose district is receiving two data centers, said transparency could show that 'closed loop systems' use less water than previous industrial occupants and that public reporting would 'be good' for residents.

Chair Rader and others pushed back, saying existing regional or local authorities already manage water withdrawals. 'I like local control,' the chair said, warning that the bill might add 'a layer and layer of government' and duplicate the work of entities such as basin commissions. Rep. Rob Gephardt objected to language in the bill that would allow the Environmental Quality Board to set fees or bonding requirements, calling it an 'unelected' delegation of power.

After discussion the chair called for the vote; the committee recorded a sufficient number of 'aye' responses and agreed to report HB 2246 to the full House for further consideration.