California Attorney General Rob Bonta announced on May 6 that he has joined a multistate letter opposing the U.S. Energy Information Administration’s proposal to extend and expand its collection of data regarding backup power generation, particularly focusing on state-level air permits and related information.
The issue is significant because backup generators are used by various facilities and may operate on different power sources, but there is growing attention on data centers’ frequent use of fossil-fueled generators. The coalition of attorneys general argues that the EIA lacks the legal authority to require states to provide this information and that complying would create a substantial administrative burden for state air agencies within an unreasonable timeframe.
“While data collected from facility operators can inform planning and policymaking, this proposal is counterproductive. Not only is this data collection effort unnecessary, it is also illegal,” said Attorney General Bonta. “This proposal imposes an unreasonable timeframe to squeeze burdensome data collection from states. The federal government should instead rely on information that is already readily available.”
In February 2026, the EIA obtained emergency clearance under the Paperwork Reduction Act to gather information about backup generators from all states for inclusion in its Annual Electric Power Industry Report. According to the announcement, prior reports consisted only of power generator data until requests were made of state air agencies earlier this year.
The coalition’s comment letter asserts that the EIA’s cited statutory authority does not permit collecting such detailed information from state air agencies and claims that EIA underestimated both the time required for response and what information these agencies actually possess.
Bonta was joined in filing the comment letter by attorneys general from Colorado, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, and Washington.
The California Attorney General’s office serves as the state’s chief law enforcement authority with responsibilities including enforcing laws across California; advancing civil rights; promoting consumer protection; ensuring environmental justice; supporting public safety initiatives; providing transparency through tools like OpenJustice; and operating as part of California’s executive branch under Rob Bonta’s leadership according to the official website.
