Amendment ID: S3143-35

Amendment 35

PFAS and Data Centers

Mr. Brady moves that the proposed new text be amended by adding the following sections:-

SECTION X. The General Laws, as appearing in the 2024 Official Edition, are hereby amended by inserting after Chapter 21O the following new chapter:-

"CHAPTER 21P. DIGITAL INFRASTRUCTURE ENVIRONMENTAL PROTECTION AND PFAS ACCOUNTABILITY

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Cooling system blowdown water", water intentionally discharged from a cooling tower, closed-loop chilling system, or manufacturing cooling infrastructure to reduce or remove accumulated dissolved solids, minerals, scaling, or chemical additives.

"Data center", a facility primarily constructed, optimized, operated, or used to house a group of networked computer servers, graphics processing units, or data storage systems for the purpose of centralizing the storage, management, processing, or dissemination of digital data.

"Department", the department of environmental protection.

"Per- and polyfluoroalkyl substances" or "PFAS", a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Semiconductor fabrication facility", a manufacturing plant, facility, or shop wherein electronic components, integrated circuits, microchips, or semiconductor devices are produced.

Section 2. (a) No data center or semiconductor fabrication facility that commences new construction, expands existing operations, or undergoes a substantial modification within the commonwealth after January 1, 2027, shall utilize per- and polyfluoroalkyl substances as a primary or secondary coolant fluid, refrigerant gas, or immersion fluid within its server infrastructure or facility cooling systems; provided, however, that the department may grant a temporary variance if the operator demonstrates by clear and convincing evidence that no viable alternative technology exists.

(b) A data center or semiconductor fabrication facility operating within the commonwealth prior to January 1, 2027, that utilizes PFAS-based refrigerants or immersion fluids shall, within 180 days of the effective date of this act, submit a technology transition and remediation plan to the department. Said plan shall outline a verifiable timeline to achieve a complete transition to non-PFAS cooling alternatives, which may include closed-loop water cooling or direct liquid air cooling, on or before January 1, 2031.

Section 3. (a) A data center or semiconductor fabrication facility that discharges wastewater, including cooling system blowdown water, into a public water system, a municipal stormwater or sewer system, or directly into the surface waters or groundwaters of the commonwealth, shall conduct monthly testing of such wastewater for the presence of PFAS compounds. All sampling and laboratory analysis shall be performed at the sole expense of the operator and in compliance with testing standards prescribed by the department.

(b) The results of all tests conducted pursuant to subsection (a) shall be reported within 10 days of receipt to the department and to the board of health of the municipality in which the facility is located. If any testing reveals a PFAS concentration exceeding the maximum contaminant level or health advisory standard established by the department or the United States Environmental Protection Agency, the facility shall immediately suspend all wastewater discharges and implement a department-approved containment and remediation plan.

Section 4. Any data center that draws water from or discharges wastewater into the surface waters of the commonwealth shall implement cooling tower technologies, retention basins, or heat exchangers to ensure that wastewater discharge temperatures do not alter the ambient temperature of the receiving water body by more than 1° Celsius."

SECTION XX. Chapter 66 of the General Laws, as so appearing, is hereby amended by inserting after Section 10B the following section:- Section 10C. (a) Notwithstanding any general or special law to the contrary, no governmental entity, local authority, political subdivision, municipal utility, or public agency within the commonwealth shall enter into a nondisclosure agreement, confidentiality agreement, or contractual clause that prevents, restricts, or delays the public disclosure of water consumption data, electricity consumption data, or chemical and wastewater discharge metrics submitted by an operator of a data center or semiconductor fabrication facility.

(b) Any records, data, logs, or reports concerning the daily, monthly, or annual water withdrawals, public utility consumption, and chemical or thermal discharge profiles of a data center or semiconductor fabrication facility shall be considered public records as defined in clause Twenty-sixth of section 7 of chapter 4. The department of environmental protection shall maintain a public, searchable, and electronically accessible registry of all reports filed pursuant to section 3 of chapter 21P.