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 a monthly briefing with journalist Tim Bernard, Tech Policy Press.

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, Tech Policy Press

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.

Data Center Policy Tracker

Sessions:

Party:

Bill Status:

Policy Type:

State:

Gateways:

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…

in committee R
Session
Current
State
Delaware
View — An Act to amend the laws of Delaware relating to a moratorium on data center development. (SB 353, DE)

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…

in committee passed one chamber D R
Session
Current
State
California
View — An act to add Article 14.7 (commencing with Section 945) to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, relating to electricity. (AB-2383, CA)

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]

R
Session
Current
State
Federal
View — To facilitate the responsible development of data centers and related infrastructure, to protect existing ratepayers from the shifting of incremental infrastructure costs attributable to large-load facilities, to encourage investment in water reuse, and for other purposes. (H.R.9419, US)

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…

in committee passed one chamber D R
Session
Current
State
Pennsylvania
View — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, providing for pause on data center proposals. (HB 2496, PA)

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…

in committee D
Session
Current
State
Michigan
View — A bill to require certain data centers to be subject to community benefit agreements; to provide for the review and approval of community benefit agreements; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide for the promulgation of rules. (SB 1050, MI)

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…

in committee passed one chamber D R
Session
Current
State
Pennsylvania
View — An Act … in computer data center equipment incentive program, providing for certification prohibition; providing for Governor’s Responsible Infrastructure Development certification and standards; and imposing duties. (HB2650 / SB1384, PA)

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]

in committee D
Session
Current
State
Federal
View — A bill to require the Administrator of the Environmental Protection Agency to carry out a study on the environmental impacts of artificial intelligence data centers and associated energy infrastructure, to require the Director of the National Institute of Standards and Technology to convene a consortium on such environmental impacts, and to require the Administrator to develop a reporting system for the reporting of the environmental impacts of artificial intelligence, and for other purposes. (S.B.4727 / H.B.9183, US)

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…

in committee D
Session
Current
State
Pennsylvania
View — A Resolution directing the Joint State Government Commission to conduct a study and issue a report on waste heat recovery in this Commonwealth. (HR 564, PA)

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…

in chamber R D
Session
Current
State
Pennsylvania
View — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, providing for optional moratorium on filing or consideration of new applications for high impact data centers. (HB 2533 / SB 1345, PA)

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.

adopted R
Session
Current
State
Ohio
View — A RESOLUTION To recreate and provide for the Task Force on Energy Infrastructure and Modernization to study polices that promote energy self-generation, industrial microgrids, and expedited permitting in the state of Louisiana. (SR174, LA)

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.

in committee D
Session
Current
State
Pennsylvania
View — 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 Equipment Incentive Program, further providing for application for certification, for eligibility requirements relating to Sales and Use Tax Refund Program and for eligibility requirements relating to Sales and Use Tax Exemption Program. (HB 2539, PA)

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.

in committee R
Session
Current
State
Pennsylvania
View — An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, repealing provisions relating to computer data center equipment incentive program; in general provisions, providing for transfer of tax from certain sale of computer data equipment; and establishing a restricted account in the Motor License Fund. (HB 2532 / SB 1344, PA)

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.

adopted R
Session
Current
State
Louisiana
View — A RESOLUTION To recognize geothermal energy as a strategic opportunity for Louisiana and commit to building the conditions necessary to scale the state’s geothermal resources. (HR 279, LA)

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…

in committee R
Session
Current
State
Pennsylvania
View — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; in comprehensive plan, providing for comprehensive plan element for commercial data centers; and, in zoning, providing for zoning, commercial data centers and agricultural land protections and for zoning, commercial data centers, approval procedure and minimum standards. (HB 2516, PA)

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,…

in committee D
Session
Current
State
New York
View — AN ACT to amend the general obligation law, in relation to prohibiting the use and enforcement of nondisclosure agreements (NDAs) and confidentiality provisions that prevent individuals, municipalities, landowners, consultants, contractors, or other parties from discussing matters of public concern related to large-scale infrastructure and energy development projects; and to amend the public service law, in relation to transparency regarding certain projects. (A11423, NY)

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.

enacted R D
Session
Current
State
South Carolina
View — A bill to amend the South Carolina Code of Laws by adding Article 31 to Chapter 9, Title 58 so as to permit certain items sold to or used by internet access service providers and communications service providers to be exempt from sales tax. (H. 5122, SC)

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.

Or log-in to your account and RSVP to the next session.