S. 5640 – Data Center Transparency Act of 2026

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Updated October 8, 2026 at 3:12 AM UTC

The Data Center Transparency Act of 2026 requires the federal government to regularly publish reports on how large data centers (those using at least 50 megawatts daily) affect air quality, water resources, and electricity use in the United States. The Environmental Protection Agency must report on water consumption, reuse, pollutants, and greenhouse‑gas emissions, while the Energy Information Administration must report on total energy use and related impacts on households. The reports are sent to Congress and made publicly available.

Key Provisions

Defines a “data center” as any facility using 50 MW or more of power each day.
The EPA must issue a report at least every three months, covering water use, water reuse, impacts on local water supplies and rates, water pollutants, total greenhouse‑gas emissions, and their effects on overburdened communities.
The EIA must collect data on each U.S. data center’s energy consumption and grid development, and publish a report at least twice a year that breaks down total energy use by state, changes over the reporting period, new data centers, and how household energy bills and average usage may be affected.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

September 30, 2026

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SenateIntro Referral

Introduced in Senate

September 30, 2026

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

September 30, 2026

Bill Text

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Introduced in SenateIssued September 30, 2026

II

119th CONGRESS

2d Session

S. 5640

IN THE SENATE OF THE UNITED STATES

September 30, 2026

Ms. Blunt Rochester (for herself and Mr. Curtis) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To require reports on the effects of data centers on air quality and water quality, and on electricity consumption by data centers.

1.

Short title

This Act may be cited as the Data Center Transparency Act of 2026.

2.

Reports on the effects of data centers on air quality and water quality; reports on electricity consumption by data centers

(a)

Data center defined

In this section, the term data center means a data center (as defined in section 453(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112(a))) that consumes not less than 50 megawatts each day.

(b)

Reports on the effects of data centers on air quality and water quality

Not later than 6 months after the date of enactment of this Act, and not less frequently than once every 3 months thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress, and make publicly available on a website, a report that identifies, with respect to the period of 3 months preceding the submission and publication of the report—

(1)

the total amount of water consumed by data centers located in the United States;

(2)

how those data centers reuse water, and the amount of such reused water;

(3)

how those data centers affect local water systems, including with respect to—

(A)

the availability of potable water;

(B)

whether the data center increased demand on local water utilities;

(C)

any potential data on service disruptions for other customers of local water utilities;

(D)

any changes in residential rates for water services; and

(E)

the type and amount of pollutants (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)) discharged into water by data centers;

(4)

the total amount of greenhouse gases emitted from those data centers; and

(5)

the effect of those greenhouse gas emissions, including the cumulative effect on overburdened communities.

(c)

Reports on electricity consumption by data centers

(1)

Collection of data

The Administrator of the Energy Information Administration shall collect data on—

(A)

the total quantity of energy consumed by each data center located in the United States, including the total quantity consumed by each data center in consecutive 6-month periods; and

(B)

energy grid buildout relating to data centers, including the types of energy being built out.

(2)

Reports

Not less frequently than twice each year, the Administrator of the Energy Information Administration shall submit to Congress, and make publicly available on a website, a report that describes, with respect to the most recent 6-month period preceding the submission and publication of the report—

(A)

the total quantity of energy consumed by data centers located in the United States, disaggregated by State;

(B)

how that energy consumption may have changed during that 6-month period;

(C)

the number of data centers that began operating during that 6-month period;

(D)

how household energy bills may have changed during that 6-month period; and

(E)

the average household energy use and cost.