---
title: HB 1059. Data Center Impact Assessment and Development Moratorium Act of 2026; enact
collection: bills
id: 2025-2026/hb1059
cite_as: HB 1059, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1059
md_url: https://georgiacommons.org/bills/2025-2026/hb1059.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1059/text
source_url: https://www.legis.ga.gov/legislation/72510
date: 2026-02-02
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1059.md?full=1
bill_number: HB 1059
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-28
last_action: House Second Readers
sponsors:
- Derrick Jackson
- Kim Schofield
- Sandra Scott
- Viola Davis
- Billy Mitchell
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1059/2025
upstream_id: 2100437
summaries_model: claude-sonnet-5
topic_tags:
- data centers
- utility infrastructure
- zoning and land use
- energy policy
- local government permitting
---
# HB 1059. Data Center Impact Assessment and Development Moratorium Act of 2026; enact
## Text
House Bill 1059
By: Representatives Jackson of the 68th, Schofield of the 63rd, Scott of the 76th, Davis of the
87th, and Mitchell of the 88th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to
general provisions regarding public utilities and public transportation, so as to enact the
"Data Center Impact Assessment and Development Moratorium Act of 2026"; to prohibit the
construction or development of new data centers for a specified time; to establish the Data
Center Impact Assessment Commission; to provide for membership, terms, meetings, and
compensation of such committee; to provide an effective date; to provide for legislative
findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Data Center Impact Assessment and
Development Moratorium Act of 2026."
SECTION 2.
The General Assembly finds and declares that:
(1) The State of Georgia has become a national hub for data center development, with
approximately 93 data centers currently operational or in planning across the state;
(2) The exponential growth of these facilities, particularly large-scale campuses, has
created an unprecedented and immediate strain on the state's essential public resources,
including the electric power grid, finite water supply, and local infrastructure;
(3) Data centers increase noise pollution from cooling systems and backup generators,
impact local air quality, particularly from diesel generator emissions, and massive power
demands are correlated with rising residential utility costs;
(4) Development of data centers consumes hundreds of acres of land and industrial zoning
capacity, which may negatively impact the availability of residential housing and property
values in surrounding communities; and
(5) Current regulatory frameworks and zoning ordinances are insufficient to properly
manage the scale and impact of this industry, necessitating a comprehensive, independent
study to protect the public health, safety, and welfare of Georgia's citizens.
SECTION 3.
Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general
provisions regarding public utilities and public transportation, is amended by adding a new
Code section to read as follows:
"46-1-7.
(a)(1) As used in this Code section, the term 'data center' shall mean a facility, campus
of facilities, or array of interconnected facilities which house working servers and that are
developed to cool, secure, and connect data associated with applications and services.
(2) Under the authority granted by Article III, Section VI, Paragraph II(a)(1) of the
Constitution of Georgia, between July 1, 2026, and December 31, 2028, no county,
municipal corporation, local authority, or other political subdivision of this state shall
issue any permits, licenses, or certificates pursuant to this title or Title 8, 12, or 25 that
would authorize or allow for the construction or development of a data center.
(b) The prohibition provided for in subsection (a) of this Code section shall not apply to
any permits, licenses, or certificates issued prior to July 1, 2026, for the purpose of
constructing a data center.
(c) There is created the Data Center Impact Assessment Commission. The commission
shall be composed of 14 members as follows:
(1) The Governor shall appoint three members, one of whom shall be a representative
from an investor owned utility, one of whom shall be a representative from Georgia
Transmission, and one of whom shall be a member of an electric membership
corporation;
(2) The Speaker of the House of Representatives shall appoint two members;
(3) The President of the Senate shall appoint two members;
(4) The minority leader of the House of Representatives shall appoint one member;
(5) The minority leader of the Senate shall appoint one member;
(6) The chairperson of the Public Service Commission shall appoint two members of the
Public Service Commission, or two designees;
(7) The commissioner of the Department of Economic Development, or his or her
designee;
(8) The commissioner of the Department of Community Affairs, or his or her designee;
and
(9) The executive director of the Georgia Technology Authority, or his or her designee.
(d) All members shall serve for the duration of the commission. Any vacancy shall be
filled in the same manner in which the original appointment was made.
(e) The commission may elect officers as it deems necessary.
(f) The commission may conduct meetings at such places and times as it deems necessary
or convenient to enable it to fully and effectively exercise its powers, perform its duties,
and accomplish the objectives and purposes of this article. The commission shall hold
meetings at the call of the chairperson.
(g) A quorum for transacting business shall be a majority of the members of the
commission.
(h) Legislative members of the commission shall receive the allowances provided for in
Code Section 28-1-8. Nonlegislative members shall receive a daily expense allowance in
the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or
transportation allowance authorized for state employees. Members of the commission who
are state officials, other than legislative members, or state employees shall receive no
compensation for their services on the commission, but shall be reimbursed for expenses
incurred by them in the performance of their duties as members of the commission in the
same manner as they are reimbursed for expenses in their capacities as state officials or
state employees. The funds necessary for the reimbursement of the expenses of state
officials, other than legislative members, and state employees shall come from funds
appropriated to or otherwise available to their respective departments. All other funds
necessary to carry out the provisions of this article shall come from funds appropriated to
the commission.
(i) The commission shall have the following powers:
(1) To authorize entering into contracts or agreements through the commission's
chairperson necessary or incidental to the performance of its duties;
(2) To establish rules and procedures for conducting the business of the commission;
(3) To hold public hearings;
(4) To request the attendance and testimony of witnesses and the production of
documents as the commission deems necessary to fulfill its duties; and
(5) To request and receive information from appropriate state agencies which the
commission deems useful in fulfilling its duties. Such agencies shall cooperate with the
commission with respect to such information and shall furnish all information requested
by the commission to the extent permitted by law.
(j) The commission shall:
(1) Conduct a comprehensive three-year study of the cumulative impacts of data center
development in the state of Georgia; and
(2) Submit a written report of its findings and policy recommendations to the Governor,
the President of the Senate, the Speaker of the House of Representatives, and the minority
leaders of the Senate and House of Representatives no later than October 1, 2029. Such
report shall include:
(A) Findings relating to the effect of data centers on energy consumption and grid
capacity, environment and water supply, health and community well-being, residential
market and housing prices; and
(B) Recommendations for a state-wide zoning ordinance or a model local ordinance
that specifies appropriate criteria for data center locations, which may include guidance
regarding residential zones, proximity to essential infrastructure, and minimum
requirements for environmental mitigation and resource efficiency."
SECTION 4.
This Act shall become effective July 1, 2026.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would block new data center permits statewide from July 2026 through the end of 2028 and create a 14 member commission to study the industry's effects before any new development resumes.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-01-28)
- Last action: House Second Readers (2026-02-02)
- Sponsors: Derrick Jackson, Kim Schofield, Sandra Scott, Viola Davis, Billy Mitchell
- Official page: https://www.legis.ga.gov/legislation/72510
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1059.md?full=1