SenateS. 5645119th Congress
Data Center Community Empowerment Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5645 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5645
To require the Secretary of Energy to establish a Data Center Community
Assistance Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2026
Mr. Curtis (for himself and Ms. Blunt Rochester) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a Data Center Community
Assistance Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Center Community Empowerment
Act of 2026''.
SEC. 2. DATA CENTER COMMUNITY ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Data center.--The term ``data center'' means a
facility, or portion of a facility, the primary function of
which is to house information technology equipment used to
process, store, manage, or transmit digital data.
(2) Program.--The term ``program'' means the Data Center
Community Assistance Program established under subsection
(b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Data Center Community Assistance Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program,
to be known as the ``Data Center Community Assistance
Program'', under which the Secretary shall provide State,
local, and Tribal governments, on request, with objective and
technically sound information, resources, and technical
assistance regarding the potential energy, water,
infrastructure, economic, and other community impacts
associated with data center development.
(2) Community technical assistance.--Assistance by the
Secretary under the program may include providing information
and analysis relating to--
(A) projected electricity demand, including peak
and annual demand;
(B) existing electric generation, transmission, and
distribution capacity and any additional infrastructure
needed to serve the data center;
(C) anticipated costs of electric infrastructure
upgrades, including which persons are expected to pay
those costs, and potential impacts on other ratepayers;
(D) projected water withdrawals and consumption,
including average and peak water use;
(E) proposed water sources and the relationship
between projected use and available local water
supplies;
(F) proposed cooling technologies and associated
energy and water requirements, including potential
alternative technologies;
(G) backup and onsite generation, including
capacity, fuel source, and anticipated use;
(H) expected economic impacts, including
construction jobs, permanent jobs, and other employment
effects;
(I) anticipated State and local tax revenues and
any tax abatements, credits, grants, infrastructure
assistance, or other public incentives;
(J) suggested information for communities to
request from data center developers, electric
utilities, water utilities, and other relevant
entities;
(K) information and examples from similarly
situated communities, including agreements,
infrastructure arrangements, resource-use practices,
and other approaches to data center development; and
(L) other relevant information relating to the
potential energy, water, infrastructure, and economic
impacts of data center development.
(c) Data Center Community Toolkit.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a Data
Center Community Toolkit, which shall be publicly accessible
and specifically written for nontechnical local officials in
plain English.
(2) Contents.--The Data Center Community Toolkit developed
under paragraph (1) shall include--
(A) model questions to ask data center developers
and utilities, including questions relating to
infrastructure costs;
(B) explanations or definitions, as applicable, of
the terms ``megawatt'', ``megawatt-hours'', ``power
usage effectiveness'', and ``water usage
effectiveness'';
(C) examples of cooling systems;
(D) explanations of utility rate structures;
(E) case studies from other communities relating to
data center development; and
(F) a guide to potential benefits and tradeoffs of
hosting a data center.
(d) Independent Project Analysis.--
(1) In general.--At the request of a State, local, or
Tribal government, the Secretary may--
(A) request the applicable data center developer to
voluntarily provide to the Secretary information, data,
analyses, models, assumptions, estimates, projections,
and other materials relating to the proposed data
center; and
(B) independently assess that information and those
materials, including by evaluating--
(i) the reasonableness of the assumptions
and methodologies used;
(ii) the reliability of the data;
(iii) whether estimates and projections are
adequately supported by the information
provided; and
(iv) the technical reasonableness of the
conclusions reached.
(2) Timeliness.--The Secretary shall make every reasonable
effort to provide information and analysis under paragraph
(1)(B) in a timely manner, taking into consideration the
timeline of the applicable State, local, or Tribal government
for consideration of the proposed data center.
(e) Neutrality.--In carrying out activities under this section, the
Secretary--
(1) shall clearly identify material assumptions,
limitations, and uncertainties associated with any analysis
provided; and
(2) shall not make any recommendation to a State, local, or
Tribal government regarding whether any particular data center
should be approved, rejected, permitted, or otherwise
authorized.
(f) Rules of Construction.--Nothing in this Act--
(1) authorizes the Secretary to approve, disapprove,
condition, delay, or otherwise participate in a State, local,
or Tribal decision regarding the siting or development of a
data center; or
(2) limits the authority of the Secretary under any other
provision of law to provide financial assistance, including
grants, loans, loan guarantees, or other assistance, for a
project or to an entity associated with a data center.
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