--- title: SB 421. "The Data Center Transparency Act"; enact collection: bills id: 2025-2026/sb421 cite_as: SB 421, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb421 md_url: https://georgiacommons.org/bills/2025-2026/sb421.md text_url: https://georgiacommons.org/bills/2025-2026/sb421/text source_url: https://www.legis.ga.gov/legislation/72340 date: 2026-01-27 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb420.md next: https://georgiacommons.org/bills/2025-2026/sb422.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 95 omitted_url: https://georgiacommons.org/bills/2025-2026/sb421.md?full=1 bill_number: SB 421 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2026-01-22 last_action: Senate Read and Referred sponsors: - RaShaun Kemp - Drew Echols - Jaha Howard - Shawn Still - Harold Jones - Kenya Wicks - Kim Jackson - Chuck Hufstetler - Tonya Anderson - Donzella James - Sheikh Rahman - Gail Davenport - Nan Orrock text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB421/2025 upstream_id: 2091259 summaries_model: claude-sonnet-5 topic_tags: - data centers - government transparency - water usage - electricity usage - local government contracts --- # SB 421. "The Data Center Transparency Act"; enact ## Text Senate Bill 421 By: Senators Kemp of the 38th, Echols of the 49th, Howard of the 35th, Still of the 48th, Jones II of the 22nd and others A BILL TO BE ENTITLED AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit local governments, authorities, and political subdivisions from entering into nondisclosure agreements regarding electricity usage or water usage of any entity; to provide for a short title; 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 Transparency Act." SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-32. No county, municipal corporation, authority, or other political subdivision of this state shall enter into any nondisclosure agreement or other similar contract which prohibits such county, municipal corporation, authority, or other political subdivision from disclosing information related to the electricity usage or water usage, either consumptive or nonconsumptive, of any entity." SECTION 3. 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 Senate bill would bar counties, cities, and other local government bodies from signing nondisclosure agreements that hide how much electricity or water any entity, including data centers, uses. ### Plain-language summary Local governments in Georgia sometimes sign nondisclosure agreements with businesses, including data centers, that keep details about the business's electricity or water use secret. This bill, called the Data Center Transparency Act, would stop that practice going forward. The bill adds a new section to Georgia law (O.C.G.A. § 36-80-32) that says no county, city, authority, or other political subdivision may enter into a nondisclosure agreement or similar contract that blocks it from disclosing an entity's electricity or water usage, whether that use consumes the resource or not. The bill does not set penalties or an enforcement mechanism beyond the ban itself, and it repeals any conflicting state laws. ### What it does - Creates a new Georgia law (O.C.G.A. § 36-80-32) banning local governments and authorities from signing nondisclosure agreements about an entity's electricity or water usage. - Applies the ban to counties, municipal corporations, authorities, and other political subdivisions of the state. - Covers both consumptive and nonconsumptive water use, meaning any secrecy deal about either type would be prohibited. - Gives the bill the short title "The Data Center Transparency Act" for citation purposes. - Repeals any existing state laws that conflict with the new disclosure rule. ### Who it affects County and municipal governments, local authorities, and other political subdivisions that negotiate deals with businesses; and any entity, such as data centers or large industrial users, whose electricity or water usage has been or would be covered by a confidentiality agreement with a local government. ### Why it matters Large electricity and water users like data centers often negotiate secrecy around their utility consumption as part of incentive deals. This bill would make that information subject to disclosure by local governments, potentially giving residents and watchdogs more visibility into how much power and water such facilities use. ### Key provisions - Section 1 names the short title, "The Data Center Transparency Act." - Section 2 adds new Code section 36-80-32, prohibiting local governments, authorities, and political subdivisions from entering nondisclosure agreements covering an entity's electricity or water usage. - Section 2 specifies the ban covers both consumptive and nonconsumptive water usage. - Section 3 repeals any conflicting laws, a standard clause with no substantive effect beyond clearing conflicts. ## Status - Status: Introduced (2026-01-22) - Last action: Senate Read and Referred (2026-01-27) - Sponsors: RaShaun Kemp, Drew Echols, Jaha Howard, Shawn Still, Harold Jones, Kenya Wicks, Kim Jackson, Chuck Hufstetler, Tonya Anderson, Donzella James, Sheikh Rahman, Gail Davenport, Nan Orrock - Official page: https://www.legis.ga.gov/legislation/72340 > The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb421.md?full=1