OAKLAND — California Attorney General Rob Bonta joined a multistate letter opposing the U.S. Energy Information Administration’s (EIA) proposal to extend and expand its collection of data regarding backup power generation, specifically targeting state-level air permits and related data. Backup generators may be used by any type of facility and may be designed to run on almost any power source, but there is increasing focus on data centers’ frequent use of fossil fueled generators. In the comment letter, the coalition argues that EIA’s cited authority does not authorize it to gather the requested information, and the proposal imposes a significant administrative burden on state air agencies, including imposing burdensome data collection efforts on 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 collect information on backup generators from all states to include in its Annual Electric Power Industry Report. The report is a collection of Excel spreadsheets containing data received from survey respondents, which — until the initial request of state air agencies in February 2026 — consisted only of power generators. 

In the comment letter, the coalition asserts that: 

• The EIA’s cited statutory authority to gather the requested information does not authorize it to collect data from state air agencies.
• The EIA underestimated the time it would take state air agencies to respond to the inquiry and requests more information than state air agencies possess.  

In filing this comment letter, Attorney General Bonta joins the attorneys general of Colorado, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, and Washington. 

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