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Newsom Signed Seven Data Center Bills. None of Them Has a Threshold Yet.

California Newsom legislation ratepayer protection water CPUC CEQA disclosure cost-shifting

On September 21, Governor Newsom signed seven data center bills into law -- the same package he blocked a year ago. The laws shift grid upgrade costs to operators, mandate water and energy disclosure, and strip a blanket environmental exemption. But every dollar figure and megawatt trigger is delegated to future CPUC rulemaking, with no filing deadline. Here is what each bill actually requires, what it leaves to regulators, and what a community can use right now.

ELECTRIC BILL $ ↑ RATEPAYER IMPACT

On September 21, 2026, Governor Gavin Newsom signed seven bills regulating data centers in California. His office called them "the most comprehensive data center laws in the nation" (Governor's press release, Sep 21).

A year earlier, he vetoed the water disclosure bill that started this legislative push. Assemblymember Diane Papan's AB 93 would have required data center operators to report water use under penalty of perjury. Newsom's veto message said he was "reluctant to impose rigid reporting requirements about operational details on this sector without understanding the full impact on businesses" (CalMatters, Aug 2026).

What changed is not hard to find. Monterey Park became the first U.S. city to permanently ban data centers by popular vote, 86% yes, in June 2026. Twenty-two other California communities followed with their own moratoriums or bans. A May 2026 Gallup poll found 70% of Americans oppose data center construction in their communities (CalMatters, Sep 2026).

Newsom said: "We don't have to sell out Californians or sacrifice our well-being to innovate and succeed" (Governor's press release, Sep 21).

Here is what the seven bills actually do — and, just as important, what they leave undone.


The three electricity bills

These are the core of the package. Together they are supposed to prevent grid upgrade costs from being shifted onto residential ratepayers.

SB 886 (Senators Steve Padilla and Jerry McNerney) — the California Technology Innovation and Ratepayer Protection Act. Data centers connecting at the transmission level must bear the costs of all transmission facility upgrades and usage. If a facility departs the system or fails to reach its projected demand, it owes a 10-year early termination fee calculated as the revenue gap between projected and actual consumption. The CPUC must adopt conforming tariffs by January 1, 2028; the rules apply to agreements signed on or after January 1, 2027 (National Law Review, Sep 2026).

AB 2383 (Assemblymember Rick Chavez Zbur) — data centers must comply with state clean energy procurement requirements and pay incremental generation cost increases for a minimum 10-year period. Electric service providers and community choice aggregators must adopt conforming tariffs by January 1, 2027 (National Law Review, Sep 2026).

SB 1168 (Senator Jerry McNerney) — directs the California Energy Commission to assess rate structure opportunities that prevent cost-shifting to other ratepayers (National Law Review, Sep 2026).

The three water and disclosure bills

AB 1577 (Assemblymember Rebecca Bauer-Kahan) — energy reporting to the California Energy Commission, including data center location and size, power usage effectiveness metrics, and fuel consumption from onsite generators. Local permit applicants must also disclose expected annual energy consumption and sound levels. The Energy Commission must assess electrical load trends beginning with its 2029 integrated energy policy report (National Law Review, Sep 2026).

AB 2469 (Assemblymember Diane Papan) — bars local governments from approving new or expanded data centers unless developers disclose water plans and cover full water infrastructure costs (CalMatters, Aug 2026).

AB 2619 (Assemblymember Diane Papan) — requires data center operators to disclose estimated or actual water sources and usage when seeking or renewing business licenses or permits. This is the direct successor to the AB 93 that Newsom vetoed in 2025. It passed the Senate 30-9 (CalMatters, Aug 2026).

The environmental review bill

SB 887 (Senator Steve Padilla) — removes blanket CEQA (California Environmental Quality Act) exemptions for data centers. Projects that meet state water and energy conservation standards can qualify for expedited approval, but they can no longer skip environmental review entirely (Governor's press release, Sep 21).


What is not in any of them

No bill in the package caps data center load, blocks a project, or sets a megawatt threshold above which the new duties attach. No bill states a dollar threshold or a megawatt trigger. No bill sets a filing deadline for the CPUC rulemaking that will determine the actual cost-shifting mechanism. As mGrid's analysis put it: "The package moves a cost without naming it" (mGrid, Sep 21).

The one hard date is SB 886's tariff deadline: the CPUC must adopt new tariffs by January 1, 2028, and the rules apply to agreements signed on or after January 1, 2027. Everything else — what counts as a data center for reporting purposes, what constitutes an "incremental generation cost," how water disclosure is enforced — is delegated to future proceedings.

California data centers currently draw approximately 1,000 MW, projected to reach 4,500 MW (about 9% of peak demand) by 2040 (National Law Review, Sep 2026). The rules that will govern how that load pays its way do not exist yet.

Assemblymember Papan acknowledged the gap: "When you're looking down the barrel of public outcry that says we don't want them at all ... then you know the atmosphere has changed" (CalMatters, Sep 2026).

What a community can use right now

If you are in a California town with a data center proposal in front of your planning commission, three things changed on September 21:

  1. The CEQA exemption is gone. SB 887 means a developer can no longer skip environmental review. If someone tells you the project is exempt, cite SB 887.

  2. Water disclosure is now a condition of the permit. AB 2469 bars your local government from approving a new or expanded facility unless the developer discloses its water plan and covers infrastructure costs. If your planning commission is about to vote without that disclosure, the vote is premature.

  3. The cost-shifting argument has a statute behind it. SB 886 and AB 2383 establish the principle that data centers pay their own transmission and generation costs. The tariffs are not written yet, but the legislative intent is on the record — and a community benefit agreement can reference it.

The Data Center Coalition, whose members include Google, Microsoft, and OpenAI, warned that "further regulation could push the data center industry out of California" (CalMatters, Sep 2026). Arnab Pal of Deploy Action responded: "I don't think these bills are the end of this fight" (CalMatters, Sep 2026).

He is probably right. The laws are a framework, not a finished product. The CPUC rulemaking will determine whether the framework has teeth. Watch CPUC Proceeding A.24-11-007.


See also: California's 23 moratoriums and bans | The bills on Newsom's desk (Sep 11 post) | Moratorium tracker | Start here: the three weeks before a vote

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