Data center legislation in 2026: 396 state bills, 31 new laws and the bills in Congress

How many data center bills did states consider in 2026?

396 bills on data centers came before 44 state legislatures in 2026, by their own records as of November 13, 2026. 31 became law in 16 states. Another 22 are still moving.

state data center bills in 2026

396

became law, in 16 states

31

still moving

22

federal bills pending in Congress

13

Legislatures also adopted 5 of 12 resolutions on data centers. A resolution states a view or asks for a study and is not a law, so resolutions are counted apart.

Bill data from LegiScan, CC BY 4.0. State bill records also from Open States.

Where each bill stands

Most bills did not pass. That is normal for a legislature. A bill counts as failed or died when its record says it was voted down, vetoed or withdrawn, or when its session ended without passing it.

New York's records show its bills as failed because its session adjourned in June, though a bill that passed both chambers still goes to the governor. One did: a one-year pause on state permits for data centers of 20 megawatts or more, A11560, passed on June 4, 2026, as DLA Piper reported. On November 13, 2026, the state Senate's page did not show it delivered to the governor. A11560 is not in the bill feeds yet, so the tables here do not count it, and its Senate twin is counted as replaced by a companion.

"Moving" means the record shows a step past introduction, such as a committee vote or passage in one chamber. "Replaced by a companion bill" means the other chamber's version of the same bill went forward instead. Some sessions are still open. New Jersey's runs through 2027 and Michigan's through the end of 2026. Texas bills filed in November 2026 are for the session that opens in January 2027.

What the bills do

Each bill is read for what it does to data centers. One bill can do several things, so the rows add up to more than 396.

• Limits and requirements are the broadest group. They include sound rules for sites, limits on backup generators and duties on who pays for grid upgrades.
• Water bills range from reporting how much water a data center uses to limits on water used for cooling.
• Power costs and tariffs bills make large new loads pay for the grid upgrades they need, so other customers do not. For what the evidence shows on household bills, see data centers and electricity bills.
• Tax breaks cut both ways. Some bills repeal or narrow sales tax exemptions for data center equipment. Others create or extend them.
• A pause or moratorium at the state level rarely passes. 37 such bills were filed and 1 became law. Local pauses are far more common: see data center moratoriums in 2026.

The 31 state data center laws passed in 2026

Each row links to the bill's page at the legislature where the tracker found it, or to its record. "Date on record" is the date of the step that made it law in the record: signing, chaptering or final passage. Some laws take effect later.

California passed the most, 7 counting SB 886, then Virginia with 6. California's package was in fact seven laws, signed on September 21, 2026. The seventh, SB 886, the California Technology Innovation and Ratepayer Protection Act, has no record in the bill feeds yet, so the counts here leave it out. Of the laws, 14 deal with power costs, 16 with water and 5 with tax breaks.

Which states are most active?

New Jersey had the most data center bills in 2026, with 43, followed by Michigan with 34. The table lists every state with at least one bill. Each state name opens its page of tracked data center projects.

A state with many bills and no law is not quiet. A long list of introduced bills usually means the fight is still on, and the session is the place to watch.

Federal data center bills in Congress

Spezia's tracker holds 13 data center bills in the 119th Congress, each with its Congress.gov record. One has moved past committee. The rest have been referred to committee. Each row links to the bill on Congress.gov, with its latest action as Congress.gov records it.

The Ratepayer Protection Act is the one to watch. It passed the House on September 16, 2026, by 417 to 3, as the American Public Power Association reported. It would require state regulators and some utilities to consider rates that make customers of 100 megawatts or more pay the full incremental cost of the upgrades needed to serve them.

The Data Center Water and Energy Transparency Act was filed in both chambers. Several bills target tax breaks for data centers. The No Data Center NDAs Act, by its title, takes aim at nondisclosure agreements on data center projects.

One federal measure is already in force: the presidential order Accelerating Federal Permitting of Data Center Infrastructure, published in the Federal Register on July 28, 2025. For AI laws beyond data centers, see AI laws in force in 2026. For what the November elections changed, see the midterms and data centers.

What it means if you build, supply or lend

New laws change the cost and the paperwork of a project, state by state. Here is where each kind of buyer should look.

• Developers and site teams. Water reporting and site assessment laws add filings before and after a permit. Check the state's new law before you pick a site.
• Contractors. Sound, siting and generator rules change what gets built and when. Read the new law for your state before you bid.
• Suppliers. A repealed sales tax exemption raises the cost of equipment sold into that state. 5 laws in 2026 touch tax breaks or other incentives: California SB 887, Maine LD 713, New Jersey S 4390, Oregon HB 4084, Washington SB 6231.
• Lenders and investors. Large-load tariff laws shift grid costs onto the data center, often through deposits, minimum bills or long contracts. 14 laws in 2026 deal with power costs, so model the power bill under the new rules.