Data Center Water and Energy Transparency Act of 2026
Sponsored By: Senator Richard Durbin
Introduced
Summary
Boosts transparency of data center energy and water use. The bill would require large data centers to report detailed annual and projected on-site energy and water data to states or to the EPA Administrator and the Secretaries of Energy and Agriculture if a state lacks a collection program.
Show full summary
- Data center operators would file annual reports for each site with peak demand of at least 25 megawatts, including monthly energy and water totals, Power Usage Effectiveness and Water Usage Effectiveness, and projections for the next five years.
- States would collect the reports, may assess fees to support collection, and must transmit anonymized, aggregated data to the EPA Administrator and the Secretaries, who would publish a public annual regional and national summary with projections and best practices.
- Affected local governments could request access to reports, and the federal summaries must describe regional impacts on water and electricity rates, supply reliability, and environmental effects for consumers and communities.
- The EPA Administrator and the Secretaries could jointly fine negligent violations $20,000 per day, and fees may be used to support compliance and agency duties without further appropriation.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Federal fallback reporting and penalties
If a State tells the federal agencies it has no program, operators in that State would submit the required reports to the EPA Administrator and the Secretaries in the jointly required form and manner. The Administrator and the Secretaries could charge fees to run the federal collection and could use that money without further appropriation. They could also jointly fine an operator $20,000 per day for negligent violations, with that dollar amount adjusted every three years for inflation, and issue regulations to implement the federal requirements.
State summaries and annual federal report
If a State collects data center reports, the State would send an anonymized, aggregated annual summary to the EPA Administrator and the Secretaries. The Administrator and the Secretaries would publish a yearly public report with regional totals of energy and water use, regional impacts on local water and electricity rates, environmental effects, best-practice recommendations, and aggregated five-year projections. State reports must be available to affected local governments on request, and proprietary business information would be excluded from the public federal report.
New reporting for large data centers
This bill would require any data center operator with one or more centers that reach 25 megawatts peak demand to file yearly on-site energy and water reports with the State, starting within one year of enactment. Each report would show last year’s monthly energy (measured in kilowatt-hours) and water (measured in gallons), behind-the-meter generation methods, water sources, and annual average PUE and WUE. Operators would also have to supply five-year projections and plans to reduce energy and water use. People planning to build or expand a center projected at 25 megawatts or more would file a pre-construction or pre-expansion five-year projection and reduction plan. The bill would also define key terms, including energy use, water use, PUE and WUE standards, and what counts as a State.
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Sponsors & CoSponsors
Sponsor
Richard Durbin
IL • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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