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California Enacts Legislation Requiring Data Centers to Disclose Energy and Water Use

Gov. Gavin Newsom signed seven bills establishing separate power rates, environmental reviews, and reporting rules for energy-intensive computing infrastructure.

By The Company Wire4 min read
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State of California — California Enacts Legislation Requiring Data Centers to Disclose Energy and Water Use
State of California — California Enacts Legislation Requiring Data Centers to Disclose Energy and Water Use. Photo: The Verge.

California Governor Gavin Newsom has signed seven legislative measures aimed at increasing transparency and regulation surrounding the energy and water consumption of data centers across the state. The slate of bills comes as the rapid expansion of artificial intelligence infrastructure sparks growing public concern over grid stability, water depletion, and municipal utility costs. Beginning next year, data center operators will be required to share key operational metrics, giving state regulators, researchers, and local communities clearer insight into how these facilities affect regional resources.

To protect residential and commercial utility customers from bearing the financial burden of new grid infrastructure, Senate Bill 886, Assembly Bill 2383, and Senate Bill 1168 direct the California Public Utilities Commission to establish distinct electricity rate structures for data centers. These separate tariffs are designed to recoup the costs of connecting high-demand facilities to the grid, preventing operators from shifting transmission upgrade expenses onto other consumers. In addition, AB 2383 pushes data center operators to increase their use of renewable energy.

The legislative package also addresses broad reporting gaps regarding the environmental footprint of computing facilities. AB 1577 mandates that data centers submit monthly energy consumption reports to state authorities. Meanwhile, SB 887 eliminates categorical exemptions under the California Environmental Quality Act for data centers, subjecting new and expanding facilities to standard environmental reviews. Mark Specht, senior manager for the climate and energy program at the Union of Concerned Scientists, welcomed the data requirements, noting that researchers have long struggled to obtain baseline facts about the sector's growth. Specht noted that the previous lack of public data made it difficult to evaluate the true scope of grid impacts amid heightened industry hype.

In a fact sheet co-authored by Specht earlier this year, researchers outlined competing economic possibilities for California's power grid. On one hand, surging electricity demand from data centers could trigger expensive transmission buildouts that elevate utility rates for all consumers—a risk compounded if a contraction in the AI market leaves excess infrastructure underutilized. Conversely, adding massive energy consumers could theoretically reduce overall rates by spreading fixed grid maintenance costs across a wider customer base. However, because large hyperscale facilities frequently tap directly into high-voltage transmission lines rather than local distribution grids, they often avoid contributing to municipal distribution expenses. Speaking to The Verge, which reported on the legislation at https://www.theverge.com/policy/999412/data-center-water-electricity-disclosure-bills, Specht emphasized that establishing tracking mechanisms now is critical to staying ahead of impending demand spikes before consumers absorb higher costs.

Water consumption transparency has proved equally elusive for researchers and local officials. A recent investigation by environmental science researchers at Santa Clara University revealed that every municipal water utility surveyed in California data center hubs refused to disclose facility water usage, citing customer privacy rules. The researchers also discovered that very few operational data centers in the state had publicly accessible environmental impact reports. The study highlighted a shifting geographic trend, with hyperscale developers increasingly locating facilities outside affluent urban centers and into rural areas where local water infrastructure is less equipped to absorb sudden demand spikes.

To address water usage, AB 2619 and AB 2469 establish new disclosure requirements, with AB 2469 also making data center operators financially responsible for water infrastructure upgrades necessary to serve their sites. However, environmental analysts point out that the legislation contains notable gaps. Because water disclosures under AB 2619 and AB 2469 are tied strictly to initial permit applications and business licensing, operators will not be mandated to provide ongoing annual reports. Consequently, single-point disclosures may capture consumption during unusually wet or cool years, obscuring how much water facilities consume during hotter, drier climate conditions or as their computing capacity scales up over time.

Despite those reporting limitations, academic researchers view the legislation as a significant regulatory milestone for tech infrastructure. Iris Stewart-Frey, an environmental science professor at Santa Clara University and lead author of the water study, observed to The Verge that the laws signal a shift in political will following Newsom's veto of a similar water disclosure measure last year. Stewart-Frey noted that public scrutiny surrounding AI data centers has intensified, emphasizing that the growth of AI infrastructure is a controllable development that state lawmakers can actively manage and regulate rather than an inevitable environmental outcome.

Sources

  1. The Verge

Company: State of California

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