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Exposing AI Data Center Threats and Harms

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.

Please log in to comment on specific posts. To stay in the loop on data center policy, join Halt the Harm Network. This gives you access to the free leader network, plus occasional briefings with independent tech policy analyst Tim Bernard.

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.

OrderStatusDefinition
1introduced
2in committee
3in chamber
4passed one chamber
5passed both chambers
6vetoed
7adopted
8enacted
9substitutedThe bill no longer directly concerns data centers
10died
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.

TermDefinition
capacityAttempts to mitigate data centers’ high electricity load or water usage, for example by transparency measures, supporting improvements to infrastructure, or increasing power generation.
capital investmentRelating to how the government spends money on establishing, improving, or migrating its own data storage.
environmentAppears to be motivated by a desire to limit CO2 emissions, protect water supplies or public lands, or prevent noise nuisance
feeImposes a direct charge on data centers
foreignTackles 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 cryptoPrevents crypto mining facilities being singled out for local regulation above other data centers (identical and near-identical bills)
ratesAttempts to mitigate or measure the impact of data centers on the electricity rates of non-data center customers
regulationDirectly imposes rules or regulator oversight for data centers, or introduces new or stricter data center approvals processes
study/data collectionInitiates 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

Join the Conversation

Bring your questions and insight to the next meetup on data center policy with Tim Bernard (full bio below), who keeps the policy data up to date.

Join or log into Halt the Harm Network to access these events and connect with hundreds of other leaders working to stop bad data centers.

Tune into the bigger picture so you can be more effective in your local fights. Join us at the next policy discussion in HHN.

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Data Center Policy Tracker

Sessions:

Party:

Bill Status:

Policy Type:

State:

Gateways:

An Act concerning certain data center development public notice requirements and supplementing and amending P.L.1975, c.… (opens in a new tab)

Requires that data center developers hold at least one community information meeting, advertised at least one week in advance in publications and social media, at least 90 days before applying for preliminary site plan a…

in committee Democrat
Session
Current
State
New Jersey
View — An Act concerning certain data center development public notice requirements and supplementing and amending P.L.1975, c.291. (A5586, NJ)

An Act amending the act of July 31, 1968 (P.L.805, No.247) … in subdivision and land development, providing for local… (opens in a new tab)

Requires municipalities to hold local referendum to approve proposed high impact data centers. Ballot to include brief description of the proposed development, including the total acreage, proposed building size, any pro…

in committee Democrat Republican
Session
Current
State
Pennsylvania
View — An Act amending the act of July 31, 1968 (P.L.805, No.247) … in subdivision and land development, providing for local option for high impact data centers. (HB2821, PA)

An Act concerning data center permit applications with the Department of Environmental Protection and amending P.L.2020,… (opens in a new tab)

Requires Department of Environmental Protection to only review applications for permits for new data centers until they have received an environmental justice impact statement that assesses potential environmental and pu…

in committee Democrat
Session
Current
State
New Jersey
View — An Act concerning data center permit applications with the Department of Environmental Protection and amending P.L.2020, c.92. (S4657 / A5622, NJ)

An Act concerning data center development and supplementing Title 48 of the Revised Statutes. (S4658, NJ) (opens in a new tab)

Requires data centers to submit annual report to Department of Environmental Protection including: community benefit agreements, greenhouse gas emissions incl. indirect from energy consumption and water quality violation…

in committee Democrat
Session
Current
State
New Jersey
View — An Act concerning data center development and supplementing Title 48 of the Revised Statutes. (S4658, NJ)

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 205 and 606 (MCL… (opens in a new tab)

Adds the data center local decision protection act (HB 6426) as a law that local zoning ordinances are subject to.

in committee Democrat
Session
Current
State
Michigan
View — A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 205 and 606 (MCL 125.3205 and 125.3606), section 205 as amended by 2023 PA 234 and section 606 as amended by 2010 PA 330. (HB 6427, MI)

An Act to amend the general municipal law and the general business law, in relation to prohibiting nondisclosure agree… (opens in a new tab)

Prohbits contracts and agreements between data center developers and municipalities that conceal the details of the development from the public, including NDAs. Agreements solely intended to protect trade secrets are exe…

in committee Democrat
Session
Current
State
New York
View — An Act to amend the general municipal law and the general business law, in relation to prohibiting nondisclosure agreements intended to conceal information about the development of a data center from the public or intended to prevent public review thereof. (S10708, NY)

A Resolution directing the Legislative Budget and Finance Committee to conduct a study on the future viability of data c… (opens in a new tab)

Directs Legislative Budget and Finance Committee to conduct study on data storage technology advancements and whether data centers will be needed at the size or level of current proposed development. Study to include: de…

in committee Republican Democrat
Session
Current
View — A Resolution directing the Legislative Budget and Finance Committee to conduct a study on the future viability of data center technology and facilities. (SR369, PA)

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric util… (opens in a new tab)

That new hyperscale data centers provide their own baseload generation and pay transmission and distribution interconnection costs.

in committee Republican
Session
Current
State
Pennsylvania
View — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, further providing for definitions and for standards for restructuring of electric industry. (SB1473, PA)

An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in water resources plannin… (opens in a new tab)

Requires data centers to make use of water conservation methods, and to submit plan for such to the Department of Environmental Protection for approval. Water services may not recover costs due to data centers from other…

in committee Republican
Session
Current
State
Pennsylvania
View — An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in water resources planning, providing for water conservation requirements for data centers. (SB1470, PA)

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in rates and distribution systems… (opens in a new tab)

Directs Public Utility Commission to develop a large load tariff for hyperscale data centers and require each electric distribution company subject to the commission's jurisdiction to institute it. Tariff must ensure cos…

in committee Republican
Session
Current
State
Pennsylvania
View — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in rates and distribution systems, providing for large load hyperscale data center tariffs. (SB1469, PA)

A RESOLUTION directing the Legislative Budget and Finance Committee to conduct a study on data center decommissioning in… (opens in a new tab)

Directs Legislative Budget and Finance Committee to conduct study on data center decommissioning including costs, current ordinances in PA and elsewhere about data centers and other facilities, cases of other entities ha…

in chamber Democrat
Session
Current
State
Pennsylvania
View — A RESOLUTION directing the Legislative Budget and Finance Committee to conduct a study on data center decommissioning in Pennsylvania and provide recommendations. (HR630, PA)

A BILL for an Act to create and enact chapter 44-04.1 of the North Dakota Century Code, relating to prohibiting agencies… (opens in a new tab)

Prohibits and invalidates state and local agencies and officials from entering into NDAs regarding data centers with developers. Prohibits and voids applications from violating developers.

died Republican Democrat
Session
Current
State
North Dakota
View — A BILL for an Act to create and enact chapter 44-04.1 of the North Dakota Century Code, relating to prohibiting agencies from entering nondisclosure agreements concerning data centers and industrial projects; to provide a penalty; to provide an effective date; and to provide an expiration date. (SB 2406, ND)

To prohibit the provision of federal financial benefit for the construction, expansion, or substantial rehabilitation of… (opens in a new tab)

Prohibits Federal agencies providing financial benefits for the construction, expansion, or substantial rehabilitation of data centers on farmland (as defined in the Farmland Protection Policy Act).

in committee Republican
Session
Current
State
Federal
View — To prohibit the provision of federal financial benefit for the construction, expansion, or substantial rehabilitation of data centers on prime farmland and other certain farmland. (H.R.10169, US)

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,…

in committee Democrat
Session
Current
State
Federal
View — Expressing the sense of the House of Representatives that every American and community impacted by the construction or operation of an artificial intelligence data center should have the right to transparency and local autonomy. (H.Res.1471, US)

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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