Water, cooling and emissions laws by state

152 bills on water, cooling and emissions in 36 jurisdictions, 14 of them enacted in 2025 and 2026. The laws come first, with what each requires, then the bills that moved most recently.

  • 14 laws enacted in 2025 and 2026, in 7 states. Most: Virginia (6), California (3), Delaware (1).
  • 152 bills in 36 jurisdictions, 11 of them in Congress. Latest action 29 October 2026.

Updated 2 November 2026LawsRecent billsBy state

Enacted in 2025 and 2026

14 laws, by state. Laws enacted before 2025 are not listed.

California

  • Enacted

    AB 1577: Data centers: reporting.

    Owners of data centers must submit specified information to the State Energy Resources Conservation and Development Commission upon energization and monthly thereafter, including electrical load, energy consumption, power usage effectiveness, and fuel consumption. Owners or developers must submit energy consumption and sound level estimates to applicable local agencies when applying for discretionary permits.

    Takes effect 1 January 2027

  • Enacted

    AB 2469: Data centers: water use disclosures.

    Cities, counties, or cities and counties must not approve discretionary or ministerial permits or other entitlements for data center construction or expansion increasing maximum peak water use unless the applicant provides a water supply assessment, water use assessment upon request, water scarcity plan beginning January 1, 2028, projected water use, water efficiency measures, and workforce disclosures, and assumes full cost of required water infrastructure improvements. The Department of Water Resources must recommend a CII water use classification for large consumptive use facilities including data centers by June 30, 2028, and the State Water Resources Control Board must adopt it by December 31, 2029.

    Takes effect 1 January 2027

  • Enacted

    AB 2619: Water resources: data centers.

    Persons who own or operate data centers must provide water suppliers with estimated water use information before applying for initial city or county business licenses, and must report estimated water use on initial license applications and actual annual water use on renewal applications, all under penalty of perjury. The Department of Water Resources and State Energy Resources Conservation and Development Commission must develop guidelines and best practices for data center water efficiency by January 1, 2029.

    Takes effect 1 January 2027

Delaware

  • Enacted

    HB 310: An act to amend title 30 of the delaware code relating to business tax credits and deductions.

Florida

  • Enacted

    SB 484: Data Centers

    Public utilities must file tariffs by October 1, 2026 ensuring large load customers bear their full cost of service without shifting costs to other ratepayers. Public utilities may not knowingly provide electric service to foreign entities qualifying as large load customers. Water management districts and the Department of Environmental Protection must require reclaimed water use by large-scale data centers when feasible.

    Took effect 1 July 2026

Idaho

  • Enacted

    H 895: DATA CENTERS – Adds to existing law to establish limitations on consumptive use of water for cooling certain data centers.

    Data centers that begin construction on or after July 1, 2026, may not use water for cooling purposes as a consumptive use unless the water is supplied by a municipal, water district, or water and sewer district water system. The director of the Department of Water Resources must consider legislative findings regarding data center consumptive use and its impacts when evaluating new appropriations or transfers of water rights for data centers.

    Took effect 1 July 2026

New Jersey

  • Enacted

    S 3379: Requires data center owners and operators to submit semi-annual water and energy usage reports to BPU.

    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.

Utah

  • Enacted

    HB 76: Data Center Water Transparency Amendments

    Operators of large data centers must notify water providers at least 90 days but no sooner than 360 days before construction begins, detailing anticipated water consumption. Operators must report to the Division of Water Rights before construction and annually after operations begin, including water withdrawal amounts, discharge treatment plans, and water conservation efforts.

    Took effect 6 May 2026

Virginia

  • Enacted

    HB 153: Data centers; site assessment, sound profile of the high energy use facility.

    Prior to approving a rezoning, special exception, or special use permit for a new high energy use facility requiring 100 megawatts or more of electrical power, a locality shall require the applicant to submit a site assessment examining the sound profile on residential units and schools within 500 feet. The locality may also require examination of effects on water, agricultural resources, parks, historic sites, and forestland. The electric utility must submit a form describing substations and transmission voltage.

  • Enacted

    HB 323: Data centers; Department of Energy shall lead efforts to accelerate use of waste heat, report.

    The Department of Energy shall identify opportunities for beneficial use of waste heat from data centers, facilitate communication between data centers and potential heat users, evaluate best practices from other jurisdictions, develop a strategic plan to accelerate waste heat use, designate a representative to lead these efforts, and convene a work group including representatives from specified entities. The Department shall submit a report to the House Committee on Labor and Commerce and Senate Committee on Commerce and Labor no later than September 1, 2026.

    Took effect 1 July 2026

  • Enacted

    HB 496: Certain data from water users; water use consumption for domestic, etc., purposes, data centers.

    Applicants proposing new data centers must disclose expected water use including average daily use, maximum daily use, and total maximum annual use. For rezoning, special exception, or special use permits, applicants must submit a site assessment examining water use. By-right developers must disclose expected water use at site plan submission. Applicants cannot use nondisclosure agreements or redact water and wastewater service agreements to avoid these requirements.

  • Enacted

    SB 553: Certain data from water users; water use consumption for domestic, etc., purposes, data centers.

    Water users withdrawing surface or subsurface water must register annual water withdrawal and use data with the Board if withdrawal exceeds one million gallons in any single month for crop irrigation or daily average exceeds 10,000 gallons per day for other uses. Water users providing water offsite must report potable and reclaimed water volumes separately by category including data centers, domestic, and commercial/industrial purposes.

    Takes effect 1 January 2027

  • Enacted

    SB 94: Data centers; site assessment, sound profile of the high energy use facility.

    Prior to approving a rezoning, special exception, or special use permit for a new high energy use facility requiring 100 megawatts or more of electrical power, a locality shall require the applicant to submit a site assessment examining the sound profile on residential units and schools within 500 feet. The locality may also require examination of effects on water, agricultural, park, historic, and forest resources. The electric utility must submit a form describing substations and transmission voltage.

    Took effect 1 July 2026

  • Enacted

    HB 507: Data centers; permit requirements, emission limits for certain engine-generator sets.

    The Department shall not issue a permit for a data center application submitted on or after July 1, 2026, unless the emission limit for each engine-generator set is equal to or less than the emissions achieved by a Tier 4 equivalent gen-set. The Department may establish more stringent emission limits.

    Took effect 1 July 2026

Bills that moved most recently

The 25 open water, cooling and emissions bills with the latest action. The Data Centers and Energy Load Tracker follows all 152.

  • New Jersey A 3966: Requires DEP to conduct study of short and long term effects of water use by large-scale data centers.

    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.

    Passed chamber

  • New Jersey A 5663: Requires DEP to conduct study on environmental impacts of data center development in State; prohibits construction of new data centers until study is complete.

    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.

    In committee

  • New Jersey S 4400: Requires DEP to conduct study of short and long term effects of water use by large-scale data centers.

    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.

    Passed committee

  • Pennsylvania SB 1408: An Act providing for data center transparency; prohibiting certain nondisclosure agreements between public agencies and data centers; providing for data centers and public input; prohibiting data centers from being developed or operated by certain foreign entities; and providing for enforcement by Attorney General and for energy and water reporting.

    What it would do: Prohibits public agencies from entering into agreements with data center owners or operators that restrict disclosure of information about the data center's construction, development, location, or the agreement itself. Voids any such agreements.

    Passed committee

  • New Jersey S 4658: Requires data centers to submit annual report to DEP; requires DEP to establish Data Center Transparency Dashboard.

    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.

    In committee

  • Congress S. 5640: Data Center Transparency Act of 2026

    In committee

  • Pennsylvania SB 1459: An Act requiring proposed data centers to conduct water usage studies.

    What it would do: Requires entities proposing data centers to submit a comprehensive water analysis and study to the host municipality at least 30 days before filing a development application, prepared by an independent third party, covering anticipated water usage, water quality, water supply sustainability within a 20-mile radius, and total water footprint including direct and indirect water use.

    In committee

  • Pennsylvania SB 1470: An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in water resources planning, providing for water conservation requirements for data centers.

    What it would do: Requires data centers consuming over 100,000 gallons of water annually to use closed-loop cooling, reclaimed water, recycled water, or department-approved conservation technology. If infeasible, data centers must submit alternative compliance plans and pay mitigation charges to water service providers covering all costs attributable to serving the data center.

    In committee

  • Congress H.R. 10570: No Secrets for Data Centers Act of 2026

    What it would do: Voids and makes unenforceable predispute nondisclosure clauses in data center contracts involving public officials or public funds, and prohibits conditioning public incentives on restricting disclosure of data center building information.

    In committee

  • New Jersey A 5396: Requires data centers to submit water supply emergency contingency plan to DEP.

    In committee

  • New Jersey A 5397: Requires data centers to submit construction phase water usage plan to DEP.

    In committee

  • Michigan SB 1179: Energy: other; reporting requirements for data centers; provide for. Creates new act.

    What it would do: Requires data centers undertaking new construction or expansion projects requiring local approval to submit disclosure statements detailing projected energy and water usage, job creation, incentives received, and utility costs. Imposes civil fines up to $10,000,000 for materially false statements and penalties for missing job projections.

    In committee

  • Pennsylvania HB 2760: An Act providing for the protection of water supplies by requiring commercial data centers to restore or replace a polluted or diminutive water supply; and imposing duties on the Department of Environmental Protection.

    What it would do: Requires commercial data centers with peak demand of 25 megawatts or greater to restore or replace water supplies they pollute or diminish, and imposes duties on the Department of Environmental Protection to investigate claims, establish a reporting hotline, and publish contamination cases.

    In committee

  • North Dakota SB 2406: 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.

    What it would do: Prohibits state and local agencies from entering nondisclosure agreements with developers regarding data centers or industrial projects, and voids any such agreements. Agencies violating this chapter face civil penalties up to one thousand dollars per violation.

    Passed committee

  • Illinois SB 4004: Aquifer protection act

    What it would do: Requires data center owners to submit water resources plans to the Illinois State Water Survey and prohibits data centers from using Mahomet Aquifer water if likely to cause adverse resource impacts. Mandates quarterly water usage reporting and prohibits nondisclosure agreements restricting disclosure of data center water use information.

    In committee

  • Michigan HB 6251: Businesses: other; energy infrastructure and thermal management evaluation requirements for certain data centers; provide for. Creates new act.

    In committee

  • Michigan HB 6252: Businesses: other; thermal impact assessment requirements for certain data centers; provide for. Creates new act.

    What it would do: Requires developers or operators of large-scale data centers to submit thermal impact assessments to the Michigan Public Service Commission at least 120 days before construction begins and obtain a certificate of completeness, with civil fines up to $10,000 per day for violations.

    In committee

  • Michigan HB 6265: Businesses: other; water and electricity usage reporting requirements for data centers; provide for. Creates new act.

    In committee

  • Congress H.R. 10004: Defending Our Energy and Water Act

    What it would do: Requires the Administrator of the Office of Electronic Government to revise minimum requirements for new federal data centers within 180 days to include water resource protections and efficient cooling systems, and extends the sunset date from 2026 to 2031. Amends title 10 to require data centers identify and integrate water efficiency technologies.

    In committee

  • Congress H.R. 10005: Data Center Resource Disclosure Act

    What it would do: Directs the Assistant Secretary of Commerce for Communications and Information to conduct annual surveys requesting US data center operators to voluntarily report energy and water consumption, publish results on an interactive map, and submit recommendations to Congress on data center regulation.

    In committee

  • Ohio HB 983: Enact the Data Center Accountability and Citizen Protection Act

    Introduced

  • Congress H.R. 9825: Data Center Water and Energy Transparency Act of 2026

    In committee

  • Virginia HB 591: Data centers; policy of the Commonwealth.

    Passed chamber

  • Virginia HB 607: Aggregate air pollution; Department of Environmental Quality to study, data center generators.

    What it would do: Directs the Department of Environmental Quality to conduct a three-year study modeling aggregate air pollution scenarios in areas with large data center volumes and examining cumulative impacts of data center generators on air quality, emissions, and public health, with findings due by October 1, 2029.

    In committee

  • Virginia SB 417: Cloud Computing Cluster Infrastructure Grant Fund; reclaimed water usage, definitions.

    What it would do: Amends the Cloud Computing Cluster Infrastructure Grant Fund statute to define reclaimed water and water-dependent cooling, and requires qualified companies operating facilities with water-dependent cooling to use reclaimed water for increasing percentages of cooling processes, reaching 100 percent by July 1, 2031.

    Passed committee

Water, cooling and emissions laws, state by state

Questions

Which states have water, cooling and emissions laws?

States that enacted water, cooling and emissions laws in 2025 and 2026: Virginia (6), California (3), Delaware (1), Florida (1), Idaho (1), New Jersey (1) and Utah (1). Laws enacted before 2025 are not listed here.

Which states have the most water, cooling and emissions bills?

Virginia (25), New Jersey (19), Congress (11), Pennsylvania (9) and New York (7). In all, 152 bills in 36 jurisdictions, the latest action on 29 October 2026.

What do water, cooling and emissions bills cover?

Water withdrawal and use for cooling, backup generator emissions, and disclosure of energy and water consumption. Each enacted law above has a line on what it requires.

Is this legal advice?

No. Which bills count as water, cooling and emissions bills, and the line on what each law requires or each bill would do, are drafted by software 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.

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