New Jersey data center and energy laws
What New Jersey has enacted on data center and energy, what each law requires, and what the bills still moving would do. New Jersey is one of 29 states that enacted a data center and energy law in the 2025 and 2026 sessions.
- Bills in scope
- 68bills in scope
- Past committee
- 22past committee
- Most recent action
- 29 October 2026most recent action
Data center and energy laws enacted in New Jersey
4 data center and energy laws enacted in the New Jersey Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
- S 3379Requires data center owners and operators to submit semi-annual water and energy usage reports to BPU.Enacted 27 August 2026
What it requires: The owner or operator of a data center in the State shall prepare and submit a water and energy usage report to the Board of Public Utilities semi-annually, containing basic information about the data center and information related to energy and water usage. Recipients of State financial incentives must also include performance calculations and sustainability indicators.
Water, cooling and emissions
- S 4390"End Data Center Tax Credits Act"; reduces tax credits available for Next New Jersey Program.*Enacted 27 August 2026
What it does: Reduces tax credits available under the Next New Jersey Program by $250 million, reallocating that amount back to the New Jersey Aspire Program and Emerge Program under the Economic Recovery Act of 2020.
Tax incentives and clawbacks
- A 796Requires electric public utilities to develop and apply special rules for certain data centers to protect non-data center customers from increased costs.**Enacted 7 July 2026
What it requires: The Board of Public Utilities must establish standards within 12 months for electric public utilities to provide electricity to large data center customers. Electric public utilities must file tariffs within 180 days and apply them to large data center customers. Standards must ensure other customers do not subsidize data centers and that all costs are allocated to data center customers.
Large-load tariffs and cost allocation
What it does: Requires the Board of Public Utilities to study within one year how data centers affect electricity costs in New Jersey, including whether non-data center customers subsidize data center costs and what policy alternatives could mitigate rate increases, with findings due to the Governor and Legislature within 15 months.
Large-load tariffs and cost allocation
Data center and energy in New Jersey, by topic
Siting, zoning and permitting
21 bills. Enacted in 8 states.
Water, cooling and emissions
19 bills, 1 enacted. Enacted in 7 states.
Grid reliability and load flexibility
15 bills. Enacted in 11 states.
Large-load tariffs and cost allocation
11 bills, 2 enacted. Enacted in 19 states.
On-site and co-located generation
11 bills. Enacted in 5 states.
Tax incentives and clawbacks
6 bills, 1 enacted. Enacted in 11 states.
Data center and energy bills in New Jersey
The bills not yet law, furthest along first, with what each would do.
4Enacted
1Cleared both chambers
17Past committee
4Active in committee
42Introduced or inactive
68 bills in scope
Cleared both chambers
1
What it would do: Requires owners or operators of data centers in New Jersey to submit quarterly water and energy usage reports to the Board of Public Utilities containing facility information, energy and water consumption data, performance calculations, and sustainability indicators, with reports published on the BPU website within 30 days.
Past committee
17
What it would do: Requires the Department of Environmental Protection to conduct an evaluation of water use effects by large-scale data centers on drinking water, wastewater systems, and the environment within one year, and submit a report to the Governor and Legislature within fifteen months.
What it would do: Prohibits applicants for data center development from entering into non-disclosure agreements with approving authorities, municipal agencies, and property sellers to conceal development details, declaring such agreements against public policy and unenforceable, and bars approvals if violated.
What it would do: Requires the Department of Environmental Protection to conduct an evaluation of water use effects by large-scale data centers on drinking water, wastewater systems, and the environment within one year, and submit findings to the Governor and Legislature within fifteen months.
What it would do: Prohibits costs and obligations related to large-load addition customers from being passed to non-large-load customers. Requires large-load addition customers to bear curtailment obligations and provide financial security ensuring reliability procurement costs do not transfer to other New Jersey customers.
What it would do: Requires data center owners and operators to submit semi-annual water and energy usage reports to the Board of Public Utilities for three years, including basic facility information and energy and water consumption data, with additional performance and sustainability metrics required for facilities receiving state financial incentives.
What it would do: Reduces tax credits available for the Next New Jersey Program by $250 million, reallocating those credits back to the New Jersey Aspire Program and Emerge Program.
What it would do: Requires each electric public utility to file a tariff with the Board of Public Utilities for large load data centers with at least 100 megawatts maximum monthly demand, designed to protect non-data center ratepayers from increased costs and incentivize energy efficiency.
What it would do: Requires AI data centers and cryptocurrency mining facilities to submit energy usage plans to the Board of Public Utilities and derive all electricity from new Class I renewable energy or newly constructed nuclear power plants, measured hourly with no net decrease to the grid.
What it would do: Requires each electric public utility to file a tariff with the Board of Public Utilities within 180 days for providing electricity to data centers, designed to protect non-data center ratepayers from increased costs and incentivize data center energy efficiency, to be applied one year after enactment.
What it would do: Requires prevailing wage payment for data center construction projects with 250+ kilowatts electrical capacity or 500+ kilowatt-hours average usage, and imposes contractor registration, insurance, bonding, safety training, background check, and labor agreement requirements on such projects.
What it would do: Requires electric public utilities to file tariffs with the Board of Public Utilities within 180 days establishing special rates for large load data centers with at least 100 megawatts maximum monthly demand, designed to protect non-data center ratepayers from increased costs and incentivize energy efficiency.
What it would do: Requires contractors performing construction on data center projects with annual electrical usage of five megawatts or greater to pay prevailing wage rates and comply with registration, insurance, bonding, safety training, and worker documentation requirements.
What it would do: Requires the Board of Public Utilities to conduct a study evaluating the potential deployment of advanced transmission technologies by electric utilities, including their costs, benefits, and feasibility for reducing grid congestion and increasing transmission capacity, with a report due within one year.
What it would do: Establishes advanced nuclear reactor, distributed energy storage, and demand optimization programs administered by the Board of Public Utilities to support grid reliability and affordability through construction of at least 1,100 megawatts of advanced nuclear capacity, 500 megawatts of battery storage, and 500 megawatts of peak demand reduction by 2030.
What it would do: Requires data center owners or operators to submit annual water and energy usage reports to the Board of Public Utilities within one year of the effective date and annually thereafter, including energy consumption, water usage, performance metrics, and sustainability indicators. The Board must publish reports on its website within 30 days.
What it would do: Upon the Board of Public Utilities finding that a majority of PJM region states have similar requirements, requires all electricity supplied to AI data centers in New Jersey to derive from new Class I renewable energy or nuclear power, and requires applicants to submit energy usage plans for board approval before connecting to the transmission system.
What it would do: Requires the Board of Public Utilities to study within one year how data centers affect electricity costs in New Jersey, including whether non-data center customers subsidize data center costs and whether to implement special tariffs for data centers.
Active in committee
4
What it would do: Requires operating data centers to submit annual reports to DEP containing basic information, greenhouse gas emissions, energy demands, water quality violations, and community benefit agreements. Requires DEP to establish a public Data Center Transparency Dashboard publishing these reports within 90 days.
What it would do: Requires the Department of Environmental Protection to study environmental, infrastructural, and financial impacts of data center development and submit a report within 15 months. Prohibits construction of new data centers and permit issuance until 90 days after the report is submitted.
What it would do: Requires data center developers to hold community meetings, send direct mail notices within five miles, coordinate social media posts, and provide multilingual information before preliminary site plan approval. Requires the Department of Community Affairs to maintain a public portal aggregating data center development notices.
Introduced or inactive
3 of 42 shown
What it would do: Requires data center permit applicants to prepare environmental justice impact statements and conduct public hearings in affected communities one year after the bill's effective date, and authorizes the Department of Environmental Protection to deny new data center permits if approval would cause disproportionate cumulative environmental or public health stressors.
What it would do: Requires operational data centers and proposed data centers in New Jersey to submit annual reports to the Department of Environmental Protection containing operational details, emissions data, energy demands, and community benefit agreements. Requires DEP to establish a public Data Center Transparency Dashboard publishing these reports within 90 days.
What it would do: Establishes a six-month moratorium on state approvals, permits, subsidies, and tax incentives for artificial intelligence data centers exceeding 10 megawatts electrical demand. Creates a 12-member commission to study impacts on electrical grid, water, environment, public health, labor, and municipal finances, requiring a report within 24 months.
Showing the 25 furthest along of 64. Subscribers see all of them, filtered and searchable. Bill titles link to the New Jersey Legislature's own page.
What counts as data center and energy legislation
In scope: Large-load tariffs and cost allocation; siting, zoning and permitting; tax incentives and clawbacks; on-site and co-located generation; water, cooling and emissions; and grid reliability and load flexibility.
Questions
Does New Jersey have a data center and energy law?
Yes. New Jersey enacted 4 data center and energy laws in the 2025 and 2026 sessions, among them S 3379, S 4390 and A 796. Each is listed on this page with what it requires.
Which data center and energy bills are moving in New Jersey?
18 bills not yet law have passed a committee or a chamber, the furthest along S 4293 (vetoed), A 3966 (passed chamber) and S 4304 (passed chamber).
What does New Jersey legislate on most in data center and energy?
Siting, zoning and permitting (21 bills), Water, cooling and emissions (19 bills) and Grid reliability and load flexibility (15 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Data center and energy bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in New Jersey
- AI in New Jersey161
- Alcohol in New Jersey114
- Cannabis in New Jersey115
- Children's Online Safety in New Jersey34
- Cybersecurity in New Jersey39
- Data Privacy in New Jersey128
- Employment in New Jersey519
- Healthcare in New Jersey830
- Insurance in New Jersey539
- Intellectual Property in New Jersey25
- Packaging and PFAS in New Jersey71
- Payments and fintech in New Jersey66
- Rental housing in New Jersey209
- Tobacco and nicotine in New Jersey50
- Transportation in New Jersey72
- All jurisdictions
Data center and energy legislation in other jurisdictions
49 more currently hold bills in this tracker
- Virginia83
- Congress61
- Pennsylvania38
- Michigan35
- Illinois23
- West Virginia22
- Maryland21
- New York19
- California16
- South Dakota14
- Minnesota13
- Oklahoma13
- South Carolina13
- Georgia12
- Indiana12
- Iowa11
- Montana11
- Ohio11
- Tennessee11
- Texas11
- Arkansas9
- Arizona9
- Connecticut9
- Idaho9
- Louisiana9
- North Carolina9
- Nebraska8
- Utah8
- Wisconsin8
- Delaware7
- Kentucky7
- Washington7
- Kansas6
- New Hampshire6
- Colorado5
- Florida5
- Missouri5
- Massachusetts4
- North Dakota4
- Rhode Island4
- Vermont4
- Maine3
- Oregon3
- Alaska2
- Alabama2
- Hawaii2
- Mississippi2
- New Mexico2
- Wyoming2
Know when New Jersey's data center and energy law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.