HB 1059: Data Center Impact Assessment and Development Moratorium Act of 2026; enact

Georgia has become a major hub for data centers, with about 93 facilities operating or planned. This bill responds by temporarily banning local governments from issuing any permits, licenses, or certificates that would allow new data center construction between July 1, 2026 and December 31, 2028. Permits already issued before July 1, 2026 are not affected. The bill also creates the Data Center Impact Assessment Commission, a 14 member body appointed by the Governor, legislative leaders, the Public Service Commission, and several state agencies. The commission would spend three years studying data centers' effects on the power grid, water supply, health, and housing prices, then report findings and policy recommendations, including a possible statewide or model zoning ordinance, to state leaders by October 1, 2029. The law would take effect July 1, 2026.

• Bans counties, cities, and other local governments from issuing permits or licenses that would allow construction of a new data center from July 1, 2026 through December 31, 2028.
• Exempts data center permits or licenses already issued before July 1, 2026 from the moratorium.
• Creates a 14 member Data Center Impact Assessment Commission with appointees from the Governor, legislative leaders, the Public Service Commission, and several state agencies.
• Directs the commission to conduct a three year study of data centers' cumulative effects on energy, water, health, and housing.
• Requires the commission to submit a report with findings and zoning recommendations to state leaders by October 1, 2029.
• Sets daily expense allowances and mileage reimbursement for commission members but no extra pay for state officials or employees serving on it.

Data center developers and operators, county and municipal governments that issue construction permits, electric utilities and membership corporations, the Public Service Commission, the Department of Economic Development, the Department of Community Affairs, the Georgia Technology Authority, and residents living near proposed or existing data center sites.

For roughly two and a half years, no new data center construction could get local approval anywhere in Georgia, pausing an industry the bill says strains the power grid, water supply, and housing near facilities. The commission's eventual recommendations could shape how and where data centers are allowed to build after the pause ends.

• Section 2 lists legislative findings, including that about 93 data centers are operational or planned in Georgia and that current zoning rules are insufficient to manage their impact.
• Section 3 adds new Code Section 46-1-7, defining 'data center' and imposing the permit moratorium from July 1, 2026 to December 31, 2028 under counties', cities', and other local governments' permitting authority.
• Section 3 exempts permits or licenses issued before July 1, 2026 from the moratorium.
• Section 3 establishes the 14 member Data Center Impact Assessment Commission with specific appointing authorities, including three gubernatorial appointees tied to the utility industry.
• Section 3 gives the commission powers to hold hearings, request documents and testimony, and require cooperation from state agencies.
• Section 3 requires a three year cumulative impact study and a report with policy and zoning recommendations due by October 1, 2029.
• Section 4 sets the effective date of the Act as July 1, 2026.
• Section 5 repeals conflicting laws.

1. 2026-02-02House Second Readers (House)
2. 2026-01-29House First Readers (House)
3. 2026-01-28House Hopper (House)

• Derrick Jackson (D, HD-068)Primary sponsor
• Kim Schofield (D, HD-063)
• Sandra Scott (D, HD-076)
• Viola Davis (D, HD-087)
• Billy Mitchell (D, HD-088)

• data centers
• utility infrastructure
• zoning and land use
• energy policy
• local government permitting