HB 1323: Electrical service; require new data centers to operate as hybrid power data centers

Georgia currently has no requirement that data centers use any particular mix of power sources. This bill would add a new article to the state's electrical service laws requiring every 'new data center,' defined as one that first gets a certificate of occupancy after July 1, 2027, to operate as a 'hybrid power data center.' The bill lists ten specific types of qualifying hybrid setups, ranging from on-site or off-site solar combined with grid power to solar paired with hydrogen, natural gas, storage systems, or microgrids. Before starting operations, a new data center would have to submit documentation to the Public Service Commission proving it meets one of these definitions. If a data center does not comply, the commission could refer the matter to the Attorney General, who could sue in superior court for civil penalties or a court order forcing compliance. The Public Service Commission would also be allowed to write rules to carry out the law.

• Requires any Georgia data center that receives its first certificate of occupancy after July 1, 2027 to operate as a hybrid power data center combining renewable energy with grid electricity or backup systems.
• Defines ten acceptable hybrid power configurations, including on-site solar, off-site solar, solar plus storage, solar microgrids, and solar combined with hydrogen or natural gas.
• Requires new data centers to submit compliance documentation to the Public Service Commission before beginning operations.
• Authorizes the Attorney General to sue a noncompliant data center in superior court for civil penalties or injunctive relief (a court order requiring compliance) after a commission complaint.
• Directs the Public Service Commission to write rules and regulations to implement and enforce the new requirement.

Companies planning to build new data centers in Georgia after mid-2027, the Public Service Commission, which reviews compliance documentation and enforces the rule, and the Attorney General's office, which would handle lawsuits against noncompliant data centers.

Georgia has seen rapid data center growth that strains the electric grid. This bill would push new data center developers toward incorporating solar or other renewable sources into their power plans, potentially changing construction costs and timelines while adding a new state approval and enforcement step before operations can begin.

• Section 1 adds new Code Section 46-3-560 to Chapter 3 of Title 46, defining 'data center,' 'hybrid power data center,' 'new data center,' and 'renewable energy source.'
• Subsection (a)(3) sets the trigger date: a data center counts as 'new' only if it first receives a certificate of occupancy after July 1, 2027.
• Subsection (b) makes hybrid power operation mandatory for all new data centers, with no stated exemptions.
• Subsection (c) requires new data centers to submit documentation to the Public Service Commission proving compliance before beginning operations.
• Subsection (d) lets the Attorney General sue in the superior court where the data center is located, seeking civil penalties or injunctive relief, after a commission complaint.
• Subsection (e) directs the Public Service Commission to adopt rules and regulations to carry out the law.
• Section 2 repeals any conflicting laws.

1. 2026-02-19House Second Readers (House)
2. 2026-02-18House First Readers (House)
3. 2026-02-17House Hopper (House)

• Yasmin Neal (D, HD-079)Primary sponsor

• data centers
• renewable energy
• electric grid
• Public Service Commission
• energy regulation