CaliforniaCalifornia law bars local approval of big data center water use without disclosures
Under this law, signed September 21, 2026, cities and counties may not approve a new data center, or an expansion that raises its peak water use, unless the applicant meets water conditions.
What it does
Cities and counties could not approve a new data center, or an expansion that raises peak water use, unless the applicant meets the water conditions. Meeting them does not guarantee approval.
Applicants must provide a water supply assessment, water-use and efficiency plans, workforce details, and, starting January 1, 2028, a drought water scarcity plan.
Data center applicants must pay the full cost of any water supply upgrades needed to serve the project, as determined by the local water supplier.
Argument forRequiring water plans and having builders pay for upgrades could protect local water supplies and keep other customers from covering costs, especially in droughts.
Argument againstThe added studies, plans, and infrastructure costs could make data center projects more expensive or slower, which may lead some builders to choose other places.
More detail
Cities and counties may not approve a permit or other approval to build a data center, or expand one so its maximum peak water use rises, unless the applicant meets the law's conditions. It applies to discretionary and ministerial permits and other approvals, in every city, including charter cities. Meeting the conditions does not force a city or county to approve a project.
Applicants must give the city or county a water supply assessment, projected water use, water efficiency measures, and details on the workforce the project needs. Workforce details cover job types, how long jobs last, pay and benefits, and how many workers live in the county and in the state. A water scarcity plan is also required. It must set steps for each level of drought, such as cutting water withdrawals, limiting nonessential use, and recycling water. The water scarcity plan is required beginning January 1, 2028.
Applicants must take responsibility for the full cost of any water pipelines, treatment, storage, or distribution upgrades needed to serve the project. The water supplier determines which upgrades are required. If a court strikes down this cost requirement, the rest of the law still stands.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 21Chaptered by Secretary of State - Chapter 436, Statutes of 2026.Latest
- Sep 21Approved by the Governor Gavin Newsom.Became Law
- Sep 15Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 31Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 12. Page 6968.).Major
- Vote recorded AB 2469 Papan Concurrence in Senate Amendments. Result: pass.Lower
- Aug 30In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB2469 Papan By Durazo. Result: pass.Upper
- Aug 30Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9.).Passed Senate
- Aug 28Read second time. Ordered to third reading.Minor
- Aug 27Read third time and amended. Ordered to second reading.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 13From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (August 13).Major
- Aug 10In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Aug 3In committee: Set, first hearing. Hearing canceled at the request of author.
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 4. Noes 1.) (June 23). Re-referred to Com. on L. GOV.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Local Government]. Result: pass.Upper
- Jun 15From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.Major
- Jun 10Referred to Coms. on N.R. & W. and L. GOV.Minor
- May 28In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 27Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 14. Page 5464.)Passed Assembly
- Vote recorded AB 2469 Papan Assembly Third Reading. Result: pass.Lower
- May 22Read third time and amended. Ordered to third reading. (Page 5274.)Major
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 11. Noes 4.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 6In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 23From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 22). Re-referred to Com. on APPR.Minor
- Apr 22
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 15From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 9. Noes 2.) (April 14). Re-referred to Com. on L. GOV.Minor
- Apr 14
- Vote recorded Do pass and be re-referred to the Committee on [Local Government]. Result: pass.Lower
- Apr 9Re-referred to Com. on W., P., & W.Minor
- Apr 8From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.Major
- Mar 17Re-referred to Com. on W., P., & W.Minor
- Mar 16From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.Major
- Mar 16Referred to Coms. on W., P., & W. and L. GOV.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced
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