S. 4213: Data Center Water and Energy Transparency Act of 2026
Sponsor
Richard Durbin
Democrat · IL
Bill Progress
Latest Action · Mar 25, 2026
Read twice and Referred to Energy and Natural Resources. (text: CR S1616-1617) for review
Big data centers would have to disclose their power and water use
Why it matters
A single data center can draw 25 megawatts or more at peak — enough to rival the demand of a small city. S. 4213 would force every facility at that scale to report monthly electricity and water use, file five-year forecasts, and let regulators study how those facilities affect your utility rates.
S. 4213, the Data Center Water and Energy Transparency Act of 2026, sets a single trigger: any data center that draws at least 25 megawatts at peak. Cross that line and the operator has to start reporting within a year of the bill becoming law.
The reports go to your state first. Operators file annual numbers — month-by-month electricity in kilowatt-hours, water in gallons, where the water comes from, and standardized efficiency scores — plus a five-year forecast of what they expect to use next. If your state doesn't run its own collection program, operators report straight to the EPA, the Department of Energy, and the Department of Agriculture instead.
Every year, those agencies would publish a national report on how data centers are affecting electricity and water rates, the environment, and which regions are absorbing the most demand.
Enforcement is split. States that run their own programs set their own fines. For operators reporting to the federal government, a negligent violation carries a $20,000-a-day penalty that gets adjusted for inflation every three years.
S. 4213 Bill Summary
What S. 4213 actually does.
Facilities at 25 megawatts and up get covered
Any data center with a peak demand of at least 25 megawatts has to comply with the reporting rules. That threshold is the line that decides which facilities are in and which are out.
Reporting starts within a year
The mandatory reporting system has to be up and running no later than one year after the bill becomes law. Covered operators then file annual reports built on month-by-month data.
Monthly power and water numbers, every year
Each annual report lays out total energy use in kilowatt-hours per month, total water use in gallons and where it comes from, the method behind any on-site power generation, and standardized efficiency scores.
Five-year forecasts, even before a facility opens
Operators have to project their energy and water use for the next five calendar years, along with proposals to cut it. Anyone building or expanding a facility that will hit 25 megawatts has to file projections for its first five years of operation.
States collect first, the feds back them up
If a state runs a collection program, operators report to the state, which then sends the EPA, Energy, and Agriculture an anonymized annual summary. If a state has no program, operators report jointly to those three federal agencies instead.
A $20,000-a-day federal penalty
Operators that negligently fail to file required federal reports can be fined $20,000 for each day they're in violation. The bill adjusts that figure for inflation every three years using the Consumer Price Index.
Who benefits from S. 4213?
Residents and ratepayers near big facilities
The annual public report would cover how data centers affect electricity and water rates, water supply and quality, and the environment. That gives communities a way to see whether a large facility is pushing up their bills or straining local water.
Local governments
Counties, cities, towns, and other local governments could request a covered facility's report. That puts concrete monthly energy and water figures and five-year projections in front of officials planning utilities, roads, and land use.
State governments and utility planners
States could collect reports from every facility at or above 25 megawatts, aggregate the data, and use it to understand regional demand. They could also charge operators fees to cover the cost of running the program.
Federal agencies tracking resource use
The EPA, Energy, and Agriculture would receive standardized data measured in kilowatt-hours and gallons, plus ISO-based efficiency scores. That makes it easier to compare demand across states, territories, and tribes.
Who is affected by S. 4213?
Large data center operators
Operators of facilities at 25 megawatts or more would take on annual reporting duties — monthly energy and water figures, water sources, on-site generation details, and five-year projections.
Companies building or expanding major facilities
Anyone constructing or expanding a data center that will reach 25 megawatts would have to report projected energy and water use, plus efficiency proposals, for the first five years — before the facility has any operating track record.
States without collection programs
If a state doesn't set up its own reporting program, operators there would report directly to federal officials, which shifts control over how the data is gathered away from the state.
Operators filing federal reports
Companies that report straight to federal agencies face the $20,000-a-day negligent-violation penalty, adjusted for inflation every three years. They can also be charged federal fees to cover the cost of administering the law.
S4213 Legislative Journey
Committee Action
Mar 25, 2026
Read twice and referred to the Committee on Energy and Natural Resources. (text: CR S1616-1617)
About the Sponsor
Richard Durbin
Democrat, IL · 43 years in Congress
Committees: the Judiciary, Appropriations, Agriculture, Nutrition, and Forestry
View full profile →
Committee Sponsors
Energy and Natural Resources Committee
0 of 20 committee members cosponsored
No committee members have cosponsored this bill
8 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
S. 4213 Quick Facts
- Committee
- Energy and Natural Resources
- Chamber
- Senate
- Policy
- Environmental Protection
- Introduced
- Mar 25, 2026
Read twice and Referred to Energy and Natural Resources. (text: CR S1616-1617) for review
Mar 25, 2026
Official Sources
The official bill page, with text, status, and committee history for the Data Center Water and Energy Transparency Act of 2026.
The statute S. 4213 points to for its definitions of 'data center' and 'data center operator,' which set who the reporting rules apply to.
EPA's existing efficiency-scoring framework for data centers, the kind of standardized score the bill would require operators to report.
The Department of Energy program that tracks and promotes data center efficiency; Energy is one of the three federal agencies that would collect reports.
DOE's overview of how surging data center power demand is straining the grid — the rate and reliability impacts the bill's annual report would document.
Congressional Research Service backgrounder on data center electricity and water use, the policy context behind S. 4213.
Who is lobbying on S. 4213?
1 organization lobbying on this bill
TECHNICAL MICRONICS CONTROL, INC. | 4 |
Showing 1-1 of 1 organizations
S. 4213 Common Questions
Which data centers would have to report under S. 4213?
Any data center with a peak demand of at least 25 megawatts. Smaller facilities aren't covered — the 25-megawatt line is what decides who has to file.
What would data centers have to report each year?
Month-by-month electricity use in kilowatt-hours, month-by-month water use in gallons and its source, the method behind any on-site power generation, standardized efficiency scores, and a five-year forecast of future use.
When would big data centers have to start reporting?
No later than one year after S. 4213 becomes law. After that, covered operators file annual reports built on monthly energy and water data.
What's the penalty if a data center doesn't report?
For operators that report to the federal government, a negligent violation carries a $20,000-a-day fine, adjusted for inflation every three years. States that run their own programs set their own fines.
Do new data centers have to report before they open?
Yes. Anyone building or expanding a data center expected to hit 25 megawatts has to file projected energy and water use, plus efficiency proposals, for its first five calendar years of operation.
Would S. 4213 lower my electricity or water bill?
Not directly — it doesn't cap rates. It requires the EPA, Energy, and Agriculture to publish an annual report on how data centers affect electricity and water rates, which is meant to give regulators and the public the data to act.
Does a data center report to the state or the federal government?
To the state, if it runs a collection program. If a state has no program, operators report jointly to the EPA, the Secretary of Energy, and the Secretary of Agriculture instead.
Can my local government see a data center's report?
Yes. Counties, cities, towns, and other local governments can request a covered facility's report, giving them its monthly energy and water figures and five-year projections.
Based on S. 4213 bill text
S. 4213 Bill Text
“To require data center operators to submit to States or the Administrator of the Environmental Protection Agency and the Secretaries of Energy and Agriculture reports on data center energy and water use, and for other purposes.”
Source: U.S. Government Publishing Office
Get notified when S. 4213 moves
Committee votes, floor action, cosponsor changes — straight to your inbox.
Bill alerts + Legisletter's monthly briefing. Unsubscribe anytime.
Environmental Protection Bills
9 related bills we're tracking
Save Our Sequoias Act
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Mar 17, 2026
Save Our Sequoias Act
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Mar 17, 2026
ePermit Act
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Dec 10, 2025
ePermit Act
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Dec 10, 2025
Chesapeake Bay Watershed Advancement for Training, Education, Restoration, and Science (WATERS) Act
Subcommittee Hearings Held
Mar 26, 2026
Chesapeake Bay Watershed Advancement for Training, Education, Restoration, and Science (WATERS) Act
Subcommittee Hearings Held
Mar 26, 2026
Mining Regulatory Clarity Act
Placed on Senate Legislative Calendar under General Orders. Calendar No. 334.
Feb 11, 2026
Mining Regulatory Clarity Act
Placed on Senate Legislative Calendar under General Orders. Calendar No. 334.
Feb 11, 2026
Mining Regulatory Clarity Act
Received in the Senate.
Dec 18, 2025
Trending Right Now
Bills gaining momentum across Congress
ASAP Act
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Nov 19, 2025
Accelerating Access to Dementia and Alzheimer’s Provider Training Act
Placed on the Union Calendar, Calendar No. 628.
Jul 2, 2026
More Homes on the Market Act
Referred to the House Committee on Ways and Means.
Feb 13, 2025
Tracking Environmental Protection in Congress? Monitor bills, track cosponsor momentum, and launch advocacy campaigns — all from one advocacy platform.