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, Tech Policy Press
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Data Center Policy Tracker
Sessions:
Party:
Bill Status:
Policy Type:
State:
Gateways:
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)
Directs Public Utilities Commission to provide classification for data centers with its own tariff for electricity purchase. Utilities to file a transmission and distribution tariff for data centers for approval that: en…
- Session
- Current
- State
- California
To facilitate the responsible development of data centers and related infrastructure, to protect existing ratepayers fro… (opens in a new tab)
[bill text not yet available]
- 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
A bill to require the Administrator of the Environmental Protection Agency to carry out a study on the environmental imp… (opens in a new tab)
[text not yet available]
- 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
Responsible data center development act (A11560 / S10642, NY) (opens in a new tab)
Established a one-year moratorium on issuing approvals for large data centers that have not begun construction. Requires public hearing in host communities 3 months before any approvals may be granted; hearing requires 3…
- Session
- Current
- State
- New York
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
A bill to amend 1939 PA 3 … by adding section 10ii. (SB 1020, MI) (opens in a new tab)
Establishes a moratorium on approvals by the Michigan public service commission of electricity supply agreements with any new enterprise data centers until April 2027.
- Session
- Current
- State
- Michigan
Responsible Data Center Development and Resource Protection Act (S4402 / A5294, NJ) (opens in a new tab)
Requires data center developers to submit to the State Planning Commission a data center resource impact statement before application for land use to municipality. Statement to include electricity and and water usage and…
- Session
- Current
- State
- New Jersey
An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in z… (opens in a new tab)
Authorizes municipalities to impose temporary (up to 18 month) moratoriums on filing and considering applications for data center construction. Municipality required to identify what studies or planning will take place d…
- Session
- Current
- State
- Pennsylvania
A RESOLUTION To recreate and provide for the Task Force on Energy Infrastructure and Modernization to study polices that… (opens in a new tab)
Cites data centers as a source of increased demand for electricity in a resolution reestablishing a task force to recommend policies to promote new electricity supply and grid improvements.
- Session
- Current
- State
- Ohio
To amend section 122.175 of the Revised Code to prohibit new data center sales tax exemptions from being granted. (HB957… (opens in a new tab)
Sunsets a tax break for data centers as of October 2026.
- Session
- Current
- State
- Ohio
An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in Computer Data Center Eq… (opens in a new tab)
Adds energy efficiency requirement to qualfications for a data center tax break.
- Session
- Current
- State
- Pennsylvania
Energy Cost Fairness and Reliability Act of 2026 (S.4559, US) (opens in a new tab)
Directs the Federal Energy Regulatory Commission to establish rules for large load facilities (such as data centers) requesting to interconnect to the interstate transmission system, including: paying full costs of studi…
- Session
- Current
- State
- Federal
An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, repealing provisions relat… (opens in a new tab)
Repeals a data center tax break and assigns the new tax revenue to fund a reduction in the gas tax.
- Session
- Current
- State
- Pennsylvania
Public Oversight of Water and Energy Reporting (POWER) Act (H.R.9019, US) (opens in a new tab)
Directs Sec. of Energy, in consultation with EPA, to report to Congress on electricity and water use by data centers, including water recycling and costs related to interconnection.
- Session
- Current
- State
- Federal
Data Center Act (SB 1323, PA) (opens in a new tab)
Prohibits electric utilities from shifting costs due to data centers onto other ratepayers. Public Utilities Commission to review rates to ensure cost covering; utilities to file studies when increasing rates to support…
- Session
- Current
- State
- Pennsylvania
Ratepayer Protection Act (S730, NC) (opens in a new tab)
Requires site assessment prior to rezoning, building (etc) applications for data centers, to include noise impacts, and optionally impacts on water resources, air quality, thermal plumes, agricultural resources, parks, h…
- Session
- Current
- State
- North Carolina
AN ACT concerning local government. (SB4206, IL) (opens in a new tab)
Allows a county or municipality to establish standards for data center construction by ordinance. Provides that the standards may include size, height, and design of structures and number of facilities, as well as water…
- Session
- Current
- State
- Illinois
Power NJ Act (A4881 / S4296, NJ) (opens in a new tab)
A bill supporting the development of nuclear energy that cites data centers as the primary driver of increased energy consumption in the findings section and attracting / retaining data centers as a factor in required e…
- Session
- Current
- State
- New Jersey
New Jersey Natural Gas Modernization Act (A4882, NJ) (opens in a new tab)
Cites data centers as a driver of rapidly increasing demand in the findings section, in a bill supporting the upgrading and uprating of existing natural gas facilities.
- Session
- Current
- State
- New Jersey
A RESOLUTION To recognize geothermal energy as a strategic opportunity for Louisiana and commit to building the conditio… (opens in a new tab)
Cites data centers as the first example of increased energy demand in resolution supporting geothermal energy development.
- Session
- Current
- State
- Louisiana
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)
Requires municipal comprehensive plans that cover data centers to identify suitable locations and agricultural resources to be avoided. Requires zoning ordinances that that cover data centers to incorporate standards inc…
- Session
- Current
- State
- Pennsylvania
AN ACT to amend the general obligation law, in relation to prohibiting the use and enforcement of nondisclosure agree… (opens in a new tab)
Prohibits the use and enforcement of NDAs, etc, that prevent the disclosure of information relating to: environmental impacts, water usage, electrical demand, utility ratepayer impacts, public infrastructure obligations,…
- Session
- Current
- State
- New York
A bill to amend the South Carolina Code of Laws by adding Article 31 to Chapter 9, Title 58 so as to permit certain item… (opens in a new tab)
Specifically excludes data centers from a tax break for internet access and communications service providers.
- Session
- Current
- State
- South Carolina
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).
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