---
title: HB 1323. Electrical service; require new data centers to operate as hybrid power data centers
collection: bills
id: 2025-2026/hb1323
cite_as: HB 1323, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1323
md_url: https://georgiacommons.org/bills/2025-2026/hb1323.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1323/text
source_url: https://www.legis.ga.gov/legislation/73252
date: 2026-02-19
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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previous: https://georgiacommons.org/bills/2025-2026/hb1322.md
next: https://georgiacommons.org/bills/2025-2026/hb1324.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1323.md?full=1
bill_number: HB 1323
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-17
last_action: House Second Readers
sponsors:
- Yasmin Neal
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1323/2025
upstream_id: 2118561
summaries_model: claude-sonnet-5
topic_tags:
- data centers
- renewable energy
- electric grid
- Public Service Commission
- energy regulation
---
# HB 1323. Electrical service; require new data centers to operate as hybrid power data centers
## Text
House Bill 1323
By: Representative Neal of the 79th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to
electrical service, so as to require new data centers to operate as hybrid power data centers;
to provide for certification by the Public Service Commission; to provide for enforcement;
to provide for rules and regulations; to provide for definitions; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service,
is amended by adding a new article to read as follows:
"ARTICLE 5
46-3-560.
(a) As used in this Code section, the term:
(1) 'Data center' means a facility, campus of facilities, or array of interconnected
facilities used by an entity or other business enterprise to operate, manage, or maintain
a computer, group of computers, or other organized assembly of hardware and software
for the primary purpose of processing, storing, retrieving, or transmitting data.
(2) 'Hybrid power data center' means one or more of the following:
(A) 'Off-site solar hybrid data center' means a data center which utilizes contracted or
virtual solar power not physically on site;
(B) 'On-site solar hybrid data center' means a data center which utilizes solar
generation located on the same property as the data center;
(C) 'Renewable grid hybrid data center' means a data center which utilizes a mix of
renewable energy sources along with grid electricity;
(D) 'Solar grid generator hybrid data center' means a data center which utilizes solar,
grid electricity, and backup generation;
(E) 'Solar grid hybrid data center' means a data center which utilizes on-site or off-site
solar combined with grid electricity;
(F) 'Solar hydrogen hybrid data center' means a data center which utilizes solar
generation and hydrogen fuel systems;
(G) 'Solar microgrid data center' means a data center which has the capability of
operating independently from the utility grid using solar and storage;
(H) 'Solar natural gas hybrid data center' means a data center which utilizes solar
combined with low carbon natural gas power or fuel cells;
(I) 'Solar plus storage data center' means a data center which utilizes solar generation
paired with energy storage systems and grid electricity; or
(J) 'Solar thermal hybrid data center' means a data center which utilizes solar thermal
systems for heating or cooling combined with electrical power.
(3) 'New data center' means any data center which first receives a certificate of
occupancy after July 1, 2027.
(4) 'Renewable energy source' means electric energy generated from solar, wind, woody
biomass power production, landfill gas, agricultural crops or waste, geothermal, animal
manure or human waste, or municipal solid waste.
(b) Each new data center shall be required to operate as a hybrid power data center.
(c) Each new data center shall be required, prior to beginning operations, to submit
documentation to the commission sufficient to determine such new data center's
compliance with this Code section.
(d) The Attorney General shall be authorized, upon complaint by the commission, to bring
an action in the superior court of the county where the new data center is located in the
name of the commission for civil penalties or for injunctive relief.
(e) The commission shall make and publish such rules and regulations as it deems
necessary to carry out this Code section, which rules and regulations are not inconsistent
with this Code section."
SECTION 2.
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.
House Bill 1323 would require any new data center built in Georgia after July 1, 2027 to run on some form of hybrid power combining renewable energy with grid electricity, with the Public Service Commission overseeing compliance.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-02-17)
- Last action: House Second Readers (2026-02-19)
- Sponsors: Yasmin Neal
- Official page: https://www.legis.ga.gov/legislation/73252
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1323.md?full=1