BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Recommended Positions on Federal Legislation: H.R. 9372 (Subramanyam) - Data Infrastructure Energy Measurement and Standards Act; and Other Legislation that may Require Consideration by the Board.
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RECOMMENDATION: Recommendation
Adopt a Position of “Support and Amend” on H.R. 9372 (Subramanyam) - Data Infrastructure Energy Measurement and Standards Act.
Body
SUMMARY:
H.R. 9372 (Subramanyam) - Data Infrastructure Energy Measurement and Standards Act
Recommended Position: Support and Amend
Priority Recommendation: 3
This bill would authorize the National Institute of Standards and Technology (NIST), in consultation with the Department of Energy, to develop a program for researching best practices in measuring and reporting energy and water use by data centers. Establishing these standardized metrics and data sharing mechanisms would help provide policymakers and other interested parties with improved energy and water demand forecasting capabilities.
Proposed Amendment:
The bill as amended and passed by the Committee on Science, Space, and Technology is significantly softer than originally written, merely authorizing the program at the NIST instead of directing its creation and removing the authorization of appropriations. This essentially makes the bill voluntary. Staff recommends supporting the bill as originally written to ensure that NIST develops the research program, and authorizing funding to carry that program out.
Status:
The bill was introduced in the House on June 18, 2026. The Committee on Science, Space, and Technology reported it favorably, as amended, on June 25.
Importance to Santa Clara Valley Water District (Valley Water):
The rapid expansion of data centers throughout California and across the nation raises serious concerns over the centers’ water and energy usage. Availability of data on this usage, however, remains elusive. Estimates of water consumption vary widely, and developers often decline to disclose usage, citing proprietary concerns. With the growing number of data centers in Silicon Valley and throughout our region, it is imperative that these centers document their usage to ensure Valley Water is able to plan for long-term water supply reliability and infrastructure capacity. This bill could help address these concerns by authorizing the development of best practices for researching and reporting energy and water use by data centers.
Pros:
• This bill could help facilitate greater data collection on energy and water use by data centers, providing policymakers with improved energy and water demand forecasting capabilities.
Cons:
• The bill as amended merely authorizes, rather than directs, the NIST to develop the research and reporting program.
• The amended bill also removed the authorization of appropriations. This significantly softens the intent of the bill.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with this item, as the Board’s position does not enact the legislation discussed above. If the enactment of legislation necessitates an action by the Board, any associated environmental justice impacts will be assessed when the Board considers the action.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER: Manager
Marta Lugo, 408-630-2237