Policy Tracker
Understand the Latest Policy Decisions on Data Centers
The policy tracker is an interactive library of current legislation affecting data center development at the state and federal level. Each bill entry captures the essential information advocates need to engage quickly.
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Search Data Center Policy
- Title and summary of what the bill actually does, in plain language.
- State or federal jurisdiction and current session.
- Bill status — introduced, in committee, passed one chamber, passed both, died, or signed.
- Party of the lead sponsor(s).
- Direct link to the legislation for deeper reading and tracking.
What’s Tracked
The tracker covers bills ranging from moratoria on new data centers, to water and energy reporting requirements, to targeted repeals or conditions on tax breaks, to rate-protection measures keeping data center costs off household utility bills.
- Find precedents for the policy you want in your community
- Brief your legislator with model language from comparable bills
- Watch for threats: pre-emption bills, critical infrastructure carve-outs, and expanded tax giveaways are in the tracker too
LEGEND
Bill Status Definitions
These describe where a bill or policy stands in the legislative process. The order below reflects a suggested progression — please confirm or adjust.
| Order | Status | Definition |
|---|---|---|
| 1 | introduced | |
| 2 | in committee | |
| 3 | in chamber | |
| 4 | passed one chamber | |
| 5 | passed both chambers | |
| 6 | vetoed | |
| 7 | adopted | |
| 8 | enacted | |
| 9 | substituted | The bill no longer directly concerns data centers |
| 10 | died | |
Concerns, Objective, and Methods
These describe what a bill addresses or how it intervenes. Bills can have multiple concerns. On the tracker, these appear as combinations of the terms below.
| Term | Definition |
|---|---|
| capacity | Attempts to mitigate data centers’ high electricity load or water usage, for example by transparency measures, supporting improvements to infrastructure, or increasing power generation. |
| capital investment | Relating to how the government spends money on establishing, improving, or migrating its own data storage. |
| environment | Appears to be motivated by a desire to limit CO2 emissions, protect water supplies or public lands, or prevent noise nuisance |
| fee | Imposes a direct charge on data centers |
| foreign | Tackles security concerns about data centers in other countries, especially those in adversary nations (Many of these are aimed at shutting down disingenuous veterans’ benefits consultants) |
| incentive+ | Creates or expands an incentive for data centers to be established, often but not always through a tax rebate or exemption, or a special low tax rate |
| incentive- | Limits, removes, or tightens the eligibility criteria for an existing incentive |
| protect crypto | Prevents crypto mining facilities being singled out for local regulation above other data centers (identical and near-identical bills) |
| rates | Attempts to mitigate or measure the impact of data centers on the electricity rates of non-data center customers |
| regulation | Directly imposes rules or regulator oversight for data centers, or introduces new or stricter data center approvals processes |
| study/data collection | Initiates a study into how to best handle data centers, typically into managing tradeoffs with externalities and sometimes into incentivizing their establishment, or directs the collection of data about the facilities’ impact |

Tim Bernard
Tech policy analyst
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Data Center Policy Tracker
Sessions:
Party:
Bill Status:
Policy Type:
State:
Gateways:
To prohibit the provision of federal financial benefit for the construction, expansion, or substantial rehabilitation of… (opens in a new tab)
[text not yet available]
- Session
- Current
- State
- Federal
Data center energy standards act (HB 6264, IL) (opens in a new tab)
Requires data centers to procure 100% clean or renewable energy by 2040, can be purchased, generated, or via public service commission-approved credits etc.
- Session
- Current
- State
- Michigan
Data center reporting act (HB 6265, MI) (opens in a new tab)
Requires data centers to annually report to public service commission on water and electricity usage and sources, including percentage renewable electricity.
- Session
- Current
- State
- Michigan
Data center thermal impact and community protection act (HB 2652, MI) (opens in a new tab)
Requires data center operators, 120 days before commencing construction / modification, to submit thermal impact assessments to the public service commission, including all mitigation methods considered. The commission w…
- Session
- Current
- State
- Michigan
Protecting Local Control of Data Centers Act (H.R.10119, US) (opens in a new tab)
Prohibits Federal agencies from preempting State or local land-use, zoning, siting, or permitting authority for data centers located on non-Federal land, or conditioning the receipt of Federal funds for such data centers…
- Session
- Current
- State
- Federal
No Data Center NDAs Act (H.R.10118, US) (opens in a new tab)
Prohibits Members of Congress from signing NDAs regarding data center planning or development with state or local governments or private entities. No funding permitted to implement or enforce such NDAs. Respective House…
- Session
- Current
- State
- Federal
Amends the Property Tax Code. Provides that the Department of Commerce and Economic Opportunity may certify certain proj… (opens in a new tab)
Establishes a tax break for megaprojects but explicitly excludes data centers from the incentive.
- Session
- Current
- State
- Illinois
Community Heat Protection and Industrial Accountability Act. (HB 479, DE) (opens in a new tab)
Requires the temporary cessation, or mitigation, of commercial activities, explicitly including data center operations, that materially elevate nearby residential temperatures during periods of extreme heat. Department o…
- Session
- Current
- State
- Delaware
National Workforce Transition Fund Act of 2026 (S.5055, US) (opens in a new tab)
Includes a provision excluding data centers from a tax benefit (bonus depreciation) for five years.
- Session
- Current
- State
- Federal
Smart Data Center Policy Act (H.R.10041, US) (opens in a new tab)
Directs Commerce Dept to conduct study on impact (cost, energy grid, environment, and water system) of locating data center sites within or near military installations, rail hubs, airports, air cargo facilities, air traf…
- Session
- Current
- State
- Federal
Expressing the sense of the House of Representatives that every American and community impacted by the construction or o… (opens in a new tab)
Resolution affirming that those impacted by the construction or operation of data centers should have a set of rights (”Data Center Bill of Rights”) to transparency and local autonomy, including: limiting locations,…
- Session
- Current
- State
- Federal
Defending Our Energy and Water Act (H.R.10004, US) (opens in a new tab)
Extends existing requirements for federal data centers and adds (through the Office of Electronic Government) requirements for “protections for water resources… including the use of the most water efficient cooling s…
- Session
- Current
- State
- Federal
Amendment (193) … to the House Bill relative to economic development in the commonwealth. (S.3213, MA) (opens in a new tab)
Requires new and expanded data centers to procure 100% new clean energy resources. To obtain a permit for fossil-fuel backup generators, infeasibility of clean sources must be demonstrated, phasing to 100% clean energy b…
- Session
- Current
- State
- Massachusetts
Data Center Accountability and Citizen Protection Act (HB983, OH) (opens in a new tab)
Excludes data centers from a privacy provision for businesses receiving financial incentives. Requires a citizen vote of any town within 5 miles before approval of a data center or data center expansion. Details includi…
- Session
- Current
- State
- Ohio
No AI Data Centers on Federal Lands Act. (H.R.9939, US) (opens in a new tab)
Prohibits data centers of a certain size OR “used for the development or operation of artificial intelligence models at scale” and associated infrastructure on Federal lands, including the removal of any existing fac…
- Session
- Current
- State
- Federal
Protecting Ratepayers Act (H.R.9777) (opens in a new tab)
Requires data centers to only use energy and water from their own sources, not from the public grid / water system. Enacts as law the White House’s voluntary “Ratepayer Protection Pledge,” in which companies commit…
- Session
- Current
- State
- Federal
Data Center Tax Accountability and Disclosure Act of 2026. (S.5054, US) (opens in a new tab)
Excludes data centers from a tax benefit (bonus depreciation) unless they have LEED gold / platinum certification or equivalent. Requires large AI data centers to annually disclose information about energy and water cons…
- Session
- Current
- State
- Federal
Data Center Nondisclosure Agreement Prohibition Act (SB 1408, PA) (opens in a new tab)
Prohibits public agencies from entering into NDAs with data center owners or operators.
- Session
- Current
- State
- Pennsylvania
Fair Allocation of Infrastructure Responsibility (FAIR) for Data Act (H.R.9655, US) (opens in a new tab)
Prohibits private, State-regulated electric utilities from recovering any costs resulting from data centers from residential and small business customers. Requires State regulatory agencies,, in order to receive some Fed…
- Session
- Current
- State
- Federal
Protecting Communities from Data Center Impacts Act of 2026 (H.R.9629, US) (opens in a new tab)
Directs EPA with national Academies to assess environmental and public health effects of data centers, including: noise, air pollution, water consumption and supply, carbon emissions, and waste, and to develop recommende…
- Session
- Current
- State
- Federal
Better Information through Line-item Labeling (BILL) Drivers Act (H.R.9630, US) (opens in a new tab)
Directs Energy Information Administration to conduct analysis and report on changes in principal electricity cost components reflected in retail electricity bills for each State over last seven years, specifically includ…
- Session
- Current
- State
- Federal
An Act … providing for energy and water reporting … . (SB146, PA) (opens in a new tab)
Includes a requirement for data centers to report annually on energy and water usage, efficiency, environmental protection and waste heat recovery measures, and projected energy and water demand. Dept of Environmental Pr…
- Session
- Current
- State
- Pennsylvania
Requires data centers to submit water supply emergency contingency plan to DEP. (A5396, NJ) (opens in a new tab)
- Session
- Current
- State
- New Jersey
Requires data centers to submit construction phase water usage plan to DEP. (A5397, NJ) (opens in a new tab)
- Session
- Current
- State
- New Jersey
Concerns noise abatement of data centers. (A5373, NJ) (opens in a new tab)
- Session
- Current
- State
- New Jersey
Pennsylvania Water Resource Act (HB 2682, PA) (opens in a new tab)
Requires data centers to report annual energy and water consumption, plus measures to reduce carbon emissions and waste heat. Department of Environmental Protection to publish public annual report on consumption trends,…
- Session
- Current
- State
- Pennsylvania
American A.I. Sovereign Wealth Fund Act (S.B.4825, US) (opens in a new tab)
Imposes a tax on AI companies with annual gross receipts above $200, including AI data center operators, of 50% of the company’s outstanding equity. This equity is to be deposited into a sovereign wealth fund. Voting r…
- Session
- Current
- State
- Federal
An Act to amend the laws of Delaware relating to a moratorium on data center development. (SB 353, DE) (opens in a new tab)
Imposes moratorium, through January 31, 2027, on all applications and permits related to development of large-scale data centers. During moratorium, General Assembly to convene working groups, hold public hearings, and…
- Session
- Current
- State
- Delaware
An act to add Article 14.7 (commencing with Section 945) to Chapter 4 of Part 1 of Division 1 of the Public Utilities Co… (opens in a new tab)
Electricity utilities required to file a service, transmission and distribution tariff for data centers for approval that: ensures covering a reasonable share of costs related to wildfire mitigation and liability, electr…
- Session
- Current
- State
- California
Power and Water for Families Act of 2026 (H.R.9419, US) (opens in a new tab)
Requires electric utilities to design large load facility rates to cover costs of upgrades, including in case of termination, and to collect financial assurance for upgrades. Utilities to consider encouraging self-genera…
- Session
- Current
- State
- Federal
An Act reducing the tax credits available for the Next New Jersey Program and amending P.L.2020, c.156. (S4512, NJ) (opens in a new tab)
Reduces the available tax credits for a program incentivizing data centers and AI development to the amount already committed, effectively ending the program early.
- Session
- Current
- State
- New Jersey
AI Security and Innovation Act (H.B.9363, US) (opens in a new tab)
Includes a direction to NIST to develop AI security standards, including security relating to data centers.
- Session
- Current
- State
- Federal
AI Bubble Transparency Act (S.4743, US) (opens in a new tab)
Directs the Office of Financial Research to collect data relating to the financing of artificial intelligence development, including data centers, provide that data to Congress, and issue recommendations to financial reg…
- Session
- Current
- State
- Federal
A Bond and Capital Improvements Act of the State of Delaware … (HB 500, DE) (opens in a new tab)
Includes a provision that no state department/agency data center project may commence without approval of the department/agency head, Director of the Office of Management and Budget and the Chief Information Officer.
- Session
- Current
- State
- Delaware
An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in g… (opens in a new tab)
Authorizes local government to impose a 180-day maximum moratorium on accepting new data center land development permits. During moratorium, it may change land use ordinances relating to data centers for any applications…
- Session
- Current
- State
- Pennsylvania
Data center water regulation act. (HB 6138, MI) (opens in a new tab)
Requires new data centers to either only use municipal water or to use a closed-loop cooling system.
- Session
- Current
- State
- Michigan
Data center community benefit agreement act HB 6137, MI) (opens in a new tab)
Prohibits construction or operation of a data center without community benefit agreement addressing at least half of these issues: local workers, water usage, community investment, and home efficiency improvements.
- Session
- Current
- State
- Michigan
A bill to amend 1939 PA 3 … . (HB 6135, MI) (opens in a new tab)
Requires Public Service Commission to establish data center rates that include 15 year minimum contracts, minimum 60% billing, termination fees to match minimum billing for remainder of contract, ensure that all costs ar…
- Session
- Current
- State
- Michigan
An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971 … . (HB 1667, PA) (opens in a new tab)
Includes the repeal of a number of tax breaks for data centers.
- Session
- Current
- State
- Pennsylvania
Local Control Protection Act (H.B.9262, US) (opens in a new tab)
Restricts Federal courts from hearing challenges to local decisions to prevent data center development. Prohibits Federal agencies from approving data center-related permits if developer is challenging a local decision t…
- Session
- Current
- State
- Federal
Data Infrastructure Energy Measurement and Standards Act (H.R.9372, US) (opens in a new tab)
Directs NIST to develop best practices for measuring data center workloads, energy and water use, including for AI model training, taking into account data needs and availability for improving demand forecasting.
- Session
- Current
- State
- Federal
Artificial Intelligence Data Center Moratorium Act (H.R.9442, US) (opens in a new tab)
Prohibits construction of data centers suitable for AI development and scaled deployment until laws are enacted that ensure: Federal safety reviews for new AI products; economic gains benefit workers; new data centers do…
- Session
- Current
- State
- Federal
A bill to require certain data centers to be subject to community benefit agreements; to provide for the review and appr… (opens in a new tab)
Requires data centers to submit, have approved by local government, and enter into community benefit agreement before beginning construction or operation. To gain approval, agreement must “accommodate and benefit the p…
- Session
- Current
- State
- Michigan
An Act … in computer data center equipment incentive program, providing for certification prohibition; providing for G… (opens in a new tab)
Ends an existing tax break for data centers. Establishes certification process for data centers to demonstrate compliance with responsible infrastructure development (GRID) standards. These include: using increasing mini…
- Session
- Current
- State
- Pennsylvania
National Defense Authorization Act for Fiscal Year 2027 (H.B.8800 / S.B.4784, US) (opens in a new tab)
House: Prohibits Defense Dept lease of data centers that use equipment with certain components from China, Russia, Iran or North Korea. Appropriates funds for deployable data centers for the Navy. Senate: Requires develo…
- Session
- Current
- State
- Federal
Artificial Intelligence Environmental Impacts Act of 2026. (S.B.4727 / H.B.9183, US) (opens in a new tab)
Directs EPA, with other agencies, to author a study on environmental and energy-related impacts of AI and related infrastructure, considering full lifecycle impacts, including, energy and water use, air and water quality…
- Session
- Current
- State
- Federal
An Act … relating to taxation. (SB1861 / HB4168, AZ) (opens in a new tab)
Suspends a tax break for data centers for three years as part of an omnibus tax bill.
- Session
- Current
- State
- Arizona
An Act concerning preliminary site plan applications for data center development. (A5224, NJ) (opens in a new tab)
Requires data center developers make disclosures, to public and elected officials at least 180 days before preliminary site plan consideration, including: estimated public resources needed (including tax incentives and c…
- Session
- Current
- State
- New Jersey
A Resolution directing the Joint State Government Commission to conduct a study and issue a report on waste heat recover… (opens in a new tab)
Direct the Joint State Government Commission to produce a report investigating how heat from data centers can be captured and repurposed., including opportunities and barriers, potential economic and environmental benefi…
- Session
- Current
- State
- Pennsylvania
End Data Center Tax Credits Act (A5165 / S4390, NJ) (opens in a new tab)
Reallocates $250 million in tax credits for data centers and AI to energy storage projects and establishes a one-time income tax credit to lower-income taxpayers who are residential electric customers.
- Session
- Current
- State
- New Jersey
Tim Bernard
Tim Bernard is an independent tech policy analyst. He has consulted broadly, written extensively for Tech Policy Press, with articles cited in The Atlantic, Bloomberg’s Tech Daily and a Supreme Court amicus brief, and also published a white paper for Stanford University’s Program on Platform regulation.
Tim has particular expertise with reviewing legislation related to online safety and data centers. He lives in New York City, where he studied at Cornell Tech and is currently adjunct teaching at Columbia University’s School of International and Public Affairs (SIPA).
This event is a brief update followed by Q&A discussion with Tim about policy trends. Join Halt the Harm Network and create a profile to access this event. Any questions, please reach out.
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