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
Why it matters
As electricity and water demand from large data centers keeps rising, S. 4213 would force facilities at or above 25 megawatts to start publicly accountable reporting no later than 1 year after enactment.
The enforcement teeth are modest but real. States can issue fines and enforce compliance under State law. At the federal level, negligent violations of the federal reporting requirements in section 3(a)(2) or 3(b)(2) carry a civil fine of $20,000 per day, and that amount must be adjusted every 3 years using the Consumer Price Index for All Urban Consumers. The bill does not set a fixed appropriation amount, but it does authorize States, the EPA Administrator, and the Secretaries to assess fees on operators, and federal fees collected can be used without further appropriation.
What does S. 4213 do?
25-megawatt reporting trigger
Any data center with a peak demand of not less than 25 megawatts must comply with the bill's reporting rules. That threshold is the key line deciding which facilities are covered.
Reporting starts within 1 year
The mandatory reporting system must begin not later than 1 year after enactment. Covered operators then file annual reports with monthly data on total energy use and total water use and source.
5-year forecasts required
Operators must submit projected energy and water use for the following 5 calendar years, plus efficiency proposals. People constructing or expanding a data center that will hit the 25 megawatt threshold must file projections for the first 5 calendar years of operation or after completion.
Standardized efficiency metrics using ISO rules
Reports must include annual average Power Usage Effectiveness defined by ISO/IEC 30134-2:2026 and annual average Water Usage Effectiveness defined by ISO/IEC 30134-9:2022. The bill also defines energy use as on-site consumption measured in kilowatt-hours and water use as on-site consumption, including cooling water, measured in gallons.
State-first system with federal backstop
If a State has a collection program, operators report to the State. If no State program exists, operators report jointly to the EPA Administrator, the Secretary of Energy, and the Secretary of Agriculture, and States must submit annual aggregated, anonymized reports for federal public reporting.
$20,000-a-day federal penalty
Negligent violations of the federal reporting requirements in section 3(a)(2) or 3(b)(2) can trigger a federal fine of $20,000 per day. That penalty must be adjusted every 3 years based on the Consumer Price Index for All Urban Consumers.
Who benefits from S. 4213?
Local governments near large data centers
Affected units of local government, including counties, cities, towns, townships, villages, and other general-purpose local governments, can request access to reports. That gives them concrete monthly energy and water data and 5-year projections when planning utilities, roads, and land use.
State governments and utility planners
States can collect reports from data centers at or above 25 megawatts, aggregate the information, and use it to understand regional demand. They also may assess fees on operators to support the data collection system.
Residents and ratepayers
The annual public report from the EPA Administrator and the Secretaries must address national and regional energy and water use, impacts on utility rates, environmental impacts, and best practices. That could help communities see whether very large data centers are affecting electricity prices or water stress.
Federal agencies tracking resource use
The EPA, Department of Energy, and Department of Agriculture would receive standardized data measured in kilowatt-hours and gallons, along with ISO-based PUE and WUE metrics. That makes nationwide comparisons easier across States, territories, tribes, and places like the Federated States of Micronesia, the Marshall Islands, and Palau.
Who is affected by S. 4213?
Large data center operators
Operators of facilities with peak demand of not less than 25 megawatts would face annual reporting duties, including monthly energy and water figures, water source information, behind-the-meter generation details, and 5-calendar-year projections.
Companies building or expanding major facilities
Anyone constructing or expanding a data center that will meet the 25 megawatt threshold would have to report projected energy and water use and efficiency proposals for the first 5 calendar years after opening or completion, before the facility has a long operating history.
States without existing collection programs
If a State does not create a reporting program, operators in that State would report directly to federal officials instead. That could reduce State control over how data is gathered and used.
Operators filing federal reports
Companies that submit reports directly to federal agencies could face a negligent-violation penalty of $20,000 per day under section 3(a)(2) or 3(b)(2), with inflation adjustments every 3 years. They may also be charged federal fees to cover the cost of administering the law.
What Congress Is Saying
S. 4213 hasn't been debated on the floor yet.
This section updates when a legislator speaks about it on the floor or in committee.
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
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
How much is the fine for violating federal data center reporting rules?
Under the Data Center Water and Energy Transparency Act of 2026, negligent violations of the federal reporting rules can trigger a civil penalty of $20,000 per day, adjusted every 3 years for inflation (SEC. 3(e)).
Which data centers have to report under S4213?
According to S4213, any data center with a peak demand of at least 25 megawatts must comply with the reporting requirements (SEC. 3(a)).
When would big data centers have to start reporting energy and water use?
Under the Data Center Water and Energy Transparency Act of 2026, mandatory reporting must begin no later than 1 year after enactment (SEC. 3(a)).
What are data centers required to report each year under S4213?
Under S4213, covered operators must file annual reports with monthly energy and water use, water source, behind-the-meter power method, annual average PUE and WUE, and 5-year projected use with efficiency proposals (SEC. 3(a)).
Do new or expanded data centers have to file 5-year projections before opening?
Yes. Under the Data Center Water and Energy Transparency Act of 2026, anyone constructing or expanding a data center expected to reach 25 megawatts must report projected energy and water use for the first 5 calendar years (SEC. 3(b)).
Does S4213 require data centers to report Power Usage Effectiveness and Water Usage Effectiveness?
Yes. Under S4213, reports must include annual average PUE under ISO/IEC 30134-2:2026 and annual average WUE under ISO/IEC 30134-9:2022 (SEC. 2; SEC. 3(a)).
Can local governments get access to a data center's utility report?
Yes. Under the Data Center Water and Energy Transparency Act of 2026, affected units of local government must be given access to reports on request (SEC. 3(c)).
Does a data center report to the state or the federal government under S4213?
Under S4213, operators report to the State if it has a collection program; otherwise they report jointly to the EPA Administrator, Secretary of Energy, and Secretary of Agriculture (SEC. 3(a)).
Can federal agencies charge data center operators fees to file these reports?
Yes. Under the Data Center Water and Energy Transparency Act of 2026, the EPA Administrator and the Secretaries may assess fees on operators reporting directly to the federal government, and those fees can be used without further appropriation (SEC. 4).
Which jurisdictions count as a State under the Data Center Water and Energy Transparency Act?
Under the Data Center Water and Energy Transparency Act of 2026, “State” includes the 50 states, DC, U.S. territories, Indian tribes, Micronesia, the Marshall Islands, and Palau (SEC. 2).
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
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