Data Center Community Empowerment Act of 2026
- Sponsor
- Sen. Curtis, John R. [R-UT]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
This bill aims to empower State, local, and Tribal governments with objective information and technical assistance to better understand and manage the energy, water, infrastructure, and economic impacts of data center development in their communities.
What it actually does
This bill mandates the Secretary of Energy to establish a Data Center Community Assistance Program, providing State, local, and Tribal governments with objective information and technical assistance on the energy, water, infrastructure, and economic impacts of data center development. It also requires the creation of a publicly accessible toolkit for nontechnical officials and allows for independent analysis of proposed data center projects upon request, while explicitly maintaining the Secretary's neutrality in local siting decisions.
Proponents argue
Supporters argue that rapid data center expansion creates significant demands on local resources and infrastructure, and communities often lack the expertise to evaluate these complex projects. This bill would provide much-needed objective information and technical assistance, enabling better-informed local decision-making and more sustainable development practices.
Opponents contend
Critics might argue that this program could create unnecessary bureaucracy or potentially interfere with local development processes by introducing federal oversight or influence where it is not needed. Some may also contend that the Department of Energy is not the most appropriate agency for this type of community assistance, or that it could slow down economic development by adding another layer of review.
The bill is very short and clearly written, making it highly accessible for any interested reader to understand its provisions quickly.
Section 2(b)(1)
Establishment of Data Center Community Assistance Program
This provision directs the Secretary of Energy to create a program within 180 days of the bill's enactment. This program will offer State, local, and Tribal governments objective information, resources, and technical assistance concerning the potential energy, water, infrastructure, economic, and other community impacts of data center development.
Supporters argue
Supporters contend that this program is crucial for empowering local governments, who often lack the specialized knowledge to negotiate effectively with large data center developers and understand the full scope of impacts on their communities. It ensures they have access to expert, unbiased information.
Critics contend
Opponents might suggest that this program could be an overreach of federal authority into local land use decisions, potentially creating an additional bureaucratic hurdle for development projects and slowing down economic growth.
Tradeoffs
The tension lies between providing necessary support to local governments and avoiding undue federal interference or creating new bureaucratic delays for private sector development.
Section 2(b)(2)
Detailed Technical Assistance Offerings
This section outlines the specific types of information and analysis the Secretary can provide under the program. This includes projections for electricity and water demand, infrastructure needs and costs, economic impacts (jobs, tax revenues), and guidance on what information communities should request from developers and utilities.
Section 2(c)
Development of a Publicly Accessible Toolkit
This provision requires the Secretary to create a publicly accessible "Data Center Community Toolkit" within 180 days. The toolkit must be written in plain English for nontechnical local officials and include model questions for developers, explanations of key technical terms (like megawatt, PUE, WUE), examples of cooling systems, utility rate structure explanations, case studies, and a guide to benefits and tradeoffs.
Section 2(d)
Independent Assessment of Developer Information
Upon request from a State, local, or Tribal government, the Secretary may ask data center developers to voluntarily provide project information. The Secretary can then independently assess this information, evaluating the reasonableness of assumptions, reliability of data, and technical soundness of conclusions, aiming to provide this analysis in a timely manner.
Section 2(e) and 2(f)
Secretary's Neutrality and Limitations
This provision explicitly states that the Secretary, in carrying out the program, must identify assumptions, limitations, and uncertainties in any analysis and shall not recommend approval or rejection of any data center project. Furthermore, the Act does not authorize the Secretary to approve, disapprove, condition, or delay local siting decisions, nor does it limit the Secretary's existing authority to provide financial assistance.