HB1059: HB1059 Data Center Impact Assessment and Development Moratorium Act of 2026; enact

26 LC 64 0024 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 to1 general provisions regarding public utilities and public transp ortation, so as to enact the2 "Data Center Impact Assessment and Development Moratorium Act of 2026"; to prohibit the3 construction or development of new data centers for a specified time; to establish the Data4 Center Impact Assessment Commission; to provide for membership, terms, meetings, and5 compensation of such committee; to provide an effective date; t o provide for legislative6 findings; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Data Center Im pact Assessment and10 Development Moratorium Act of 2026."11 SECTION 2.12 The General Assembly finds and declares that:13 (1) The State of Georgia has become a national hub for data ce nter development, with14 approximately 93 data centers currently operational or in planning across the state;15 H. B. 1059 - 1 - 26 LC 64 0024 (2) The exponential growth of these facilities, particularly l arge-scale campuses, has16 created an unprecedented and immediate strain on the state's es sential public resources,17 including the electric power grid, finite water supply, and local infrastructure;18 (3) Data centers increase noi se pollution from cooling systems and backup generators,19 impact local air quality, particularly from diesel generator emissions, and massive power20 demands are correlated with rising residential utility costs;21 (4) Development of data centers consumes hundreds of acres of land and industrial zoning22 capacity, which may negatively impact the availability of residential housing and property23 values in surrounding communities; and24 (5) Current regulatory frameworks and zoning ordinances are in sufficient to properly25 manage the scale and impact of this industry, necessitating a comprehensive, independent26 study to protect the public health, safety, and welfare of Georgia's citizens.27 SECTION 3.28 Chapter 1 of Title 46 of the Official Code of Georgia Annotated , relating to general29 provisions regarding public utilities and public transportation, is amended by adding a new30 Code section to read as follows:31 "46-1-7.32 (a)(1) As used in this Code section, the term 'data center' shall mean a facility, campus33 of facilities, or array of interconnected facilities which house working servers and that are34 developed to cool, secure, and connect data associated with applications and services.35 (2) Under the authority granted by Article III, Section VI, Pa ragraph II(a)(1) of the36 Constitution of Georgia, between July 1, 2026, and December 31, 2028, no county,37 municipal corporation, local authority, or other political subd ivision of this state shall38 issue any permits, licenses, or certificates pursuant to this title or Title 8, 12, or 25 that39 would authorize or allow for the construction or development of a data center.40 H. B. 1059 - 2 - 26 LC 64 0024 (b) The prohibition provided for in subsection (a) of this Code section shall not apply to41 any permits, licenses, or certificates issued prior to July 1, 2026, for the purpose of42 constructing a data center.43 (c) There is created the Data Center Impact Assessment Commiss ion. The commission44 shall be composed of 14 members as follows:45 (1) The Governor shall appoint three members, one of whom shal l be a representative46 from an investor owned utility, one of whom shall be a represen tative from Georgia47 Transmission, and one of whom shall be a member of an electric membership48 corporation;49 (2) The Speaker of the House of Representatives shall appoint two members;50 (3) The President of the Senate shall appoint two members;51 (4) The minority leader of the House of Representatives shall appoint one member;52 (5) The minority leader of the Senate shall appoint one member;53 (6) The chairperson of the Public Service Commission shall appoint two members of the54 Public Service Commission, or two designees;55 (7) The commissioner of the Department of Economic Development , or his or her56 designee;57 (8) The commissioner of the Department of Community Affairs, or his or her designee;58 and59 (9) The executive director of the Georgia Technology Authority, or his or her designee.60 (d) All members shall serve for the duration of the commission . Any vacancy shall be61 filled in the same manner in which the original appointment was made.62 (e) The commission may elect officers as it deems necessary.63 (f) The commission may conduct meetings at such places and times as it deems necessary64 or convenient to enable it to fully and effectively exercise its powers, perform its duties,65 and accomplish the objectives and purposes of this article. Th e commission shall hold66 meetings at the call of the chairperson.67 H. B. 1059 - 3 - 26 LC 64 0024 (g) A quorum for transacting business shall be a majority of t he members of the68 commission.69 (h) Legislative members of the commission shall receive the allowances provided for in70 Code Section 28-1-8. Nonlegislative members shall receive a daily expense allowance in71 the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or72 transportation allowance authorized for state employees. Members of the commission who73 are state officials, other than legislative members, or state e mployees shall receive no74 compensation for their services on the commission, but shall be reimbursed for expenses75 incurred by them in the performance of their duties as members of the commission in the76 same manner as they are reimbursed for expenses in their capaci ties as state officials or77 state employees. The funds necessary for the reimbursement of the expenses of state78 officials, other than legislative members, and state employees shall come from funds79 appropriated to or otherwise available to their respective depa rtments. All other funds80 necessary to carry out the provisions of this article shall come from funds appropriated to81 the commission.82 (i) The commission shall have the following powers:83 (1) To authorize entering into contracts or agreements through the commission's84 chairperson necessary or incidental to the performance of its duties;85 (2) To establish rules and procedures for conducting the business of the commission;86 (3) To hold public hearings;87 (4) To request the attendance and testimony of witnesses and t he production of88 documents as the commission deems necessary to fulfill its duties; and89 (5) To request and receive information from appropriate state agencies which the90 commission deems useful in fulfilling its duties. Such agencies shall cooperate with the91 commission with respect to such information and shall furnish all information requested92 by the commission to the extent permitted by law.93 (j) The commission shall:94 H. B. 1059 - 4 - 26 LC 64 0024 (1) Conduct a comprehensive three-year study of the cumulative impacts of data center95 development in the state of Georgia; and96 (2) Submit a written report of its findings and policy recommendations to the Governor,97 the President of the Senate, the Speaker of the House of Representatives, and the minority98 leaders of the Senate and House of Representatives no later than October 1, 2029. Such99 report shall include:100 (A) Findings relating to the effect of data centers on energy consumption and grid101 capacity, environment and water supply, health and community well-being, residential102 market and housing prices; and103 (B) Recommendations for a state-wide zoning ordinance or a mod el local ordinance104 that specifies appropriate criteria for data center locations, which may include guidance105 regarding residential zones, proximity to essential infrastruct ure, and minimum106 requirements for environmental mitigation and resource efficiency."107 SECTION 4.108 This Act shall become effective July 1, 2026.109 SECTION 5.110 All laws and parts of laws in conflict with this Act are repealed.111 H. B. 1059 - 5 -