Data centers in Georgia

📜 State laws

2026: about 20 data center bills, none became law · April 2, 2026
In the 2026 session (it ended April 2, 2026), lawmakers filed about 20 bills aimed at data centers. None passed both chambers, so none reached the governor. Ideas that failed included: ending the sales tax break, a statewide pause on new data centers, making data centers pay all costs of the power lines and plants built for them, making companies report their water and power use, and banning secret deals (NDAs) about water and power use. State law on data centers is mostly unchanged. Bills from 2025-2026 are dead; new bills can be filed when the next session starts in January 2027. Source

SB 410 (2026): end the sales tax break for new data centers · March 6, 2026
Sponsored by Sen. Matt Brass (R-Newnan). It would have stopped new data center sales tax exemption certificates and phased out existing ones early. It also wrote into law a Public Service Commission rule meant to make data centers pay for some of the power system built for them. The Senate passed it 32-21 on March 6, 2026. It then sat in the House Ways and Means Committee and never got a vote, so it died when the session ended. Critics said it mostly kept things as they are. Source

SB 408 (2026): end the tax break in 2027 · April 2, 2026
Would have ended the data center sales tax break in 2027, five years early. It never got a Senate vote. Source

SB 34 (2025-2026): keep data center power costs off home bills · Feb 26, 2026
Sponsored by Sen. Chuck Hufstetler (R-Rome). The original bill said costs of serving data centers of 100 megawatts or more could not be put in the rates of homes and small businesses. A Senate committee replaced it with weaker language from House Bill 1063 (longer contracts and a down payment from data centers), which Georgia Power did not oppose. On February 26, 2026, the Senate adjourned suddenly before a vote, when an amendment to restore the original bill seemed to have the votes. HB 1063 itself (backed by House Speaker Jon Burns) passed the House 159-5 on February 17, 2026, but the Senate never voted on it. Neither SB 34 nor HB 1063 became law. Source

HB 1059 (2026): statewide pause on new data centers · Feb 2, 2026
The 'Data Center Impact Assessment and Development Moratorium Act of 2026' would have banned building new data centers from July 1, 2026, to December 31, 2028, and set up a commission to study their effects. It was assigned to a House committee on February 2, 2026, and never got a vote. (Another pause bill, HB 1012, also failed.) Source

SB 421 and SB 436 (2026): ban secret deals (NDAs) about water and power use · April 2, 2026
SB 421 (the 'Data Center Transparency Act', Sen. RaShaun Kemp) and SB 436 (Sen. Jaha Howard) would have stopped cities, counties and authorities from signing secret deals (NDAs) that hide how much electricity or water a company uses. SB 436 would also have paused new data center sales tax exemption certificates for a time. Neither got a vote. Source

HB 1192 (2024): pause on the tax break was vetoed · May 7, 2024
Both chambers passed a bill to stop new data center sales tax exemption certificates from July 2024 to June 2026 and study data center energy use. Gov. Brian Kemp vetoed it in May 2024, so the tax break continued. Source

HB 1291 (2022): tax break extended to the end of 2031 · May 9, 2022
This 2022 law kept the 2018 data center sales tax break going through December 31, 2031, and raised the job and spending rules for big counties. It applies to exemption certificates granted on or after May 9, 2022. Source

Governor joined a voluntary White House 'ratepayer' pledge (July 2026) · July 23, 2026
On July 23, 2026, Gov. Brian Kemp signed the White House 'Ratepayer Protection Pledge'. It says companies that build and use data centers should pay for the new power lines and power plants that serve them. It is a voluntary promise, not a law, and it does not change Public Service Commission rules by itself. Source

💡 Who pays for the power

Special contract rules for users over 100 megawatts (Georgia Power) · Jan 23, 2025
On January 23, 2025, the Georgia Public Service Commission (PSC) voted 5-0 for a new Georgia Power rule. New customers using more than 100 megawatts (most big data centers) can get special contract terms. They pay the costs at their own site, plus a share of the power plants and power lines built upstream to serve them, as construction goes on. Contracts can be longer (up to 15 years instead of 5), with minimum monthly bills, so a data center that leaves early still pays for what was built for it. Georgia Power must send every such contract to the PSC for review at least 30 days before signing, and files a public quarterly 'Large Load Economic Development Report' in PSC Docket 55378. In April 2025 the PSC also changed Georgia Power's price plans for big users. This rule covers Georgia Power only, not electric co-ops (EMCs) or city-owned utilities. Source

About 10,000 megawatts of new power plants approved, mostly for data centers · Dec 19, 2025
On December 19, 2025, the PSC approved a deal between its staff and Georgia Power to build 9,985 megawatts of new power supply (gas plants, batteries and some solar). About 80% is expected to serve data centers. For comparison, Georgia Power's whole system is about 22,000 megawatts. In 2022 Georgia Power expected to need only 400 megawatts more over seven years. Georgia Power promised to cover ('backstop') the costs through 2031 if data center contracts do not show up. In August 2026 the PSC said Georgia Power had signed customers for all 9,985 megawatts. Environmental and faith groups asked a Fulton County court in March 2026 to review this approval. Source

Georgia Power base rates frozen through 2028, but not every charge · July 31, 2025
On July 31, 2025, the PSC froze Georgia Power's base rates through 2028. The freeze does not cover fuel costs or storm repair costs, which can still change your bill. Before the freeze, the PSC approved six Georgia Power increases from 2023 through 2024; together they raised the average home bill by about $43 a month ($516 a year). Source

2026 fuel and storm cost deal: about $4 a month lower · May 28, 2026
On May 28, 2026, the PSC approved a deal on Georgia Power's fuel costs and storm repair costs (mostly Hurricane Helene). Georgia Power estimates a typical home using 1,000 kWh a month pays about $4.03 less per month. Georgia Power first asked for a change worth $1.32 less. Georgia Power says the typical home saves about $50 a year starting June 2026. Consumer and environmental lawyers said data centers still do not pay for some costs they drive, such as new gas pipelines. Source

PSC probe: do data centers shift fuel costs onto homes? · July 7, 2026
On July 7, 2026, the PSC opened an investigation into 'Real-Time Pricing' (RTP), the way data centers and other big users pay Georgia Power for fuel. PSC staff said in a filing that this method could raise the average home's cost by up to 11% a month by 2028. It is PSC Docket 57171; the first hearing was September 1, 2026, and the review is set to finish by the end of 2026. A wider review proposed by Commissioner Peter Hubbard was voted down. The probe covers only Georgia Power. Source

First giant contract: 3,200 megawatts for OpenAI in Effingham County · Aug 27, 2026
On August 26, 2026, PSC staff (not a vote of the five commissioners) cleared Georgia Power's 3,200-megawatt contract to serve an OpenAI data center in Effingham County. The full contract is secret; only a public summary was posted. In a signed letter, Georgia Power agreed that: if the data center ends its contract early, Georgia Power will not charge homes and small businesses for the extra costs during the rest of the term; it will raise the promised 'downward pressure' on bills for a typical home from $8.50 to at least $15.00 a month in 2029, 2030 and 2031; and it will publish a report twice a year on data center customers. This is not a promise of lower bills: fuel and storm costs can still push bills up. Source

Co-ops and city utilities are not covered by these PSC rules · April 18, 2026
The PSC's data center rules and probes apply to Georgia Power. Big new users like data centers can often choose their electric company, so some pick an electric membership co-op (EMC) or a city-owned utility instead. Consumer groups warn that customers of those utilities do not get the same protections. If your power comes from an EMC or a city utility, ask its board how data center costs are handled. Source

You vote for the utility commission: November 3, 2026 · Nov 3, 2026
Georgia's five PSC members are elected statewide. Two seats are on the November 3, 2026, ballot: District 3 (Peter Hubbard, D, the incumbent, vs. Fitz Johnson, R) and District 5 (Shelia Edwards, D; Josh Tolbert, R; Thomas Blooming, L). The PSC now has a 3-2 Republican majority. Democrats won two seats in 2025. District 5 Commissioner Tricia Pridemore resigned on September 4, 2026, and later took a job with data center builder DC BLOX; the PSC website now lists Stan Wise as a commissioner. Source

💵 Tax breaks

State and local sales tax break on data center equipment (through 2031) · May 9, 2022
Since 2018, qualifying data centers pay no Georgia sales tax (state or local) on servers, computer gear, cooling, power and other equipment for the site. Data center tenants can get the break too. To qualify, the owner must spend a set amount and create 'quality' jobs over any 7-year period, based on county population. For certificates granted on or after May 9, 2022: counties over 50,000 people need $250 million and an average of 25 jobs; counties of 30,001 to 50,000 need $75 million and 10 jobs; counties of 30,000 or fewer need $25 million and 5 jobs. The Department of Revenue posts a list of each county's level. Purchases can be tax-free through December 31, 2031. The owner applies to the Department of Revenue for a certificate. Source

What the sales tax break costs · Jan 2026
A state audit study (University of Georgia, December 2025) put the lost state tax at $474.2 million in fiscal year 2025. It found that about 70% of Georgia's data centers would have come anyway, without the tax break. It counted 8,505 construction jobs and 1,641 operating jobs it tied to the break, and about $41.5 million in state taxes coming back. State estimates cited by Inside Climate News put total state and local losses at about $2.5 billion in fiscal 2026 and about $3 billion in 2027. Fulton County says the break will cost county and city governments about $1.1 billion in local sales tax in 2026. Source

Local property tax breaks from development authorities · Aug 10, 2026
Besides the sales tax break, local development authorities (appointed boards tied to a county or city) can cut property taxes through a 'bond-for-title' deal: the authority holds legal title to the project and leases it back to the company, with taxes phased in on a set schedule (sometimes with payments in lieu of taxes). The authority's board votes in public meetings, and a superior court judge must 'validate' the bonds at a public hearing. Early steps can use a code name, but the company's real name must appear by the validation stage. The Development Authority of Fulton County has granted $150 million in data center tax breaks since 2020. Source

Fulton County asks its development authorities to stop data center tax breaks · Aug 5, 2026
On August 5, 2026, the Fulton County Board of Commissioners passed a resolution opposing property tax breaks or other incentives for data centers from any development authority in the county. It is a request: the Development Authority of Fulton County operates on its own, and Fulton's 15 cities still make zoning decisions. In August 2026, Microsoft said it was working to cancel local property tax break deals it got for data centers in East Point, Palmetto and Douglasville. Source

🤐 Secret deals and public records

Secret deals (NDAs) are legal in Georgia · Aug 8, 2026
No Georgia law bans secret deals (NDAs) between data center companies and counties, cities or development authorities. Bills to ban NDAs about water and power use (SB 421 and SB 436) failed in 2026. Example: in Effingham County, the head of the development authority was under an NDA with OpenAI until a week before the July 21, 2026, vote on a $20 billion data center, and the project used a code name ('Project Gateway'). Georgia Power's big data center contracts are also kept secret; the PSC posts only public summaries. Source

Open Records Act: anyone can ask for public records · 2026
Georgia's Open Records Act (O.C.G.A. 50-18-70 and following) covers state agencies, counties, cities, school boards and authorities, including development authorities. Anyone may ask: you do not have to live in Georgia or say why. You can ask in person, by phone or in writing; an agency may require written requests to go to its named records officer, and must accept email. The agency must hand over the records within a reasonable time, no more than 3 business days. If it needs longer, it must tell you within 3 business days what records exist and when you will get them. If it withholds anything, it must cite the exact law section. There is no charge for the first 15 minutes of work; after that it can charge the hourly pay of the lowest-paid qualified worker, plus up to 10 cents a page for copies. Source

What can stay secret under the records law · 2026
Some exemptions matter for data centers. (1) Trade secrets a company had to hand in can be kept back, but only if the company attached a sworn statement (affidavit) naming the secret parts; the agency must tell the company before releasing them. (2) Land appraisals and engineering or feasibility studies for a government land purchase can stay secret until the purchase is done or dropped. (3) The state Department of Economic Development can keep records about a project over $25 million or 50 jobs secret until a binding deal is signed; then they must be released on request. This exemption is for that state department, not local development authorities. Everything else, such as emails, contracts, minutes and agreements, is presumed public. Source

Open Meetings Act: votes must happen in public · 2026
Boards of counties, cities and authorities must meet in public, post an agenda before each meeting, and give at least 24 hours' notice of meetings that are not on their regular schedule. They may talk in private (executive session) about things like buying or leasing land or lawsuits, but a vote on buying, selling or leasing land is not binding until a later public vote. Anything decided in a meeting that should have been open is not binding. To challenge it in court, you must file within 90 days of the action (or within 90 days of when you learned of an illegal meeting, but no later than six months after the action). Source

If your records request is ignored or denied · 2026
Georgia has no appeals board for records requests. You can (1) file a free complaint with the Attorney General's Open Government Mediation Program, which helps when local governments do not follow the records or meetings law, or (2) sue in the county's superior court. Anyone can sue, and the Attorney General can sue too. The court can make a side that acted without good reason pay the other side's lawyer fees. Officials who knowingly break the law can be fined up to $1,000 for a first violation and up to $2,500 for each new one within 12 months. Source

Example: lawsuit over secret Effingham data center deal · Sept 21, 2026
On September 21, 2026, five Effingham County residents and the group One Hundred Miles sued the Effingham County Industrial Development Authority in Effingham County Superior Court. They say the authority did not give proper notice or a real agenda for the July 2026 vote on the OpenAI deal (which included a 50% property tax break), and did not hand over records about the land sale. They ask the judge to throw out the deals. The case was pending as of October 2026. Source

Code names and shell companies · Aug 8, 2026
Data center projects in Georgia often use code names (for example 'Project Gateway' in Effingham County and 'Project Sail' in Coweta County) and shell companies with different names (OpenAI's Effingham company is 'Octans GA LLC'). For development authority tax breaks, early steps can use a code name, but the company's real name must appear in the bond papers by the court validation step. Source

💧 Water

Who approves the water a data center uses · 2026
Most data centers buy water from a local water utility (a city, county or water authority), so the local utility and its board decide whether and how to serve them. A state permit from the Georgia Environmental Protection Division (EPD) is needed only when someone takes water straight from a river, stream or lake that lowers its flow by more than 100,000 gallons a day (monthly average), or pumps large amounts from wells (a groundwater use permit). Ask your water utility whether a data center has asked for service, how much, and what happens in a drought. Source

Metro Atlanta water planners and data centers · 2026
The Metropolitan North Georgia Water Planning District (15 counties, 92 cities) says metro Atlanta relies almost entirely on rivers and lakes, sits at the top of six small river systems, and is prone to drought. It says data centers using evaporative cooling can lose up to 80% of their water to the air and may use as much as 9 million gallons a day, while closed-loop cooling can stay under 100,000 gallons a day. It is urging utilities to update drought plans and is updating the regional water supply plan for 2028. Its advice is guidance; it does not approve individual data centers. Source

No state rule makes data centers report water use · April 18, 2026
In 2026, bills to make data centers report their water and power use, and to ban secret deals (NDAs) about it, all failed. Much of Georgia was in drought in spring 2026. There is no statewide list of how much water each data center uses. Source

🌫️ Air and generators

Air permits for diesel generators and on-site power plants (EPD) · Aug 5, 2026
The Air Protection Branch of the Georgia Environmental Protection Division (EPD) issues air permits for data center backup diesel generators and on-site gas engines or turbines. Most data centers get 'minor source' permits, set up to stay below the limits that would need a bigger federal-style ('Title V') permit. A Ledger-Enquirer search of EPD records found 20 minor source permits for data center diesel generators since January 2025, compared with 17 from 2014 through 2024. EPD says it does not keep a list of data centers with air permits; it searches by industry code, and some data centers have no air permit. Source

Federal plan could end public notice for these air permits · July 2026
In July 2026, the U.S. EPA proposed removing the federal rule that requires public notice and a chance to comment on state 'minor source' air permits, which include most data center generator permits. EPA held a hearing on July 22, 2026; the comment period ended August 21, 2026. As of late August it was not final. If adopted, whether Georgians still get notice would depend on Georgia's own rules. Source

First 'pop-up' gas power plant for a data center (Covington) · Aug 2026
VoltaGrid is building a 90-megawatt gas power plant with 33 engines to run Serverfarm's data center in Covington (Newton County) around the clock. In early July 2026, EPD said the company had likely broken state air rules by installing engines before getting its permit, and told it to pause construction (a notice of violation). Groups also asked the Public Service Commission whether selling that power breaks Georgia's Territorial Electric Service Act and Cogeneration Act. In August 2026 the PSC voted unanimously to hold hearings on that question (PSC Docket 57243). This is a test case for whether data centers can get power from someone other than a regular utility. Source

🙋 How to have your say

Who decides a data center near you · 2026
Georgia's constitution lets both counties and cities zone land. Inside city limits, the city council (or city commission) decides. Outside city limits (unincorporated land), the county Board of Commissioners decides. Where a city and county have merged into one government, that government decides. Many cities and counties have a planning commission that holds a hearing and makes a recommendation first, but the elected board makes the final vote. In Fulton County all land is inside its 15 cities, so the cities make zoning decisions there. Find out which government controls the land: check the county tax map or ask the county planning office. Source

Zoning hearings: notice, signs and your time to speak · July 1, 2022
Under Georgia's Zoning Procedures Law, every rezoning needs a public hearing. The local government must put a notice in the local newspaper 15 to 45 days before the hearing, giving the time, place and purpose. For a rezoning asked for by a developer, the notice must give the location, current zoning and requested zoning, and a sign must be posted on the land at least 15 days before. Each government must adopt written hearing rules that give supporters and opponents equal time, at least 10 minutes per side (not per person). If a rezoning is voted down, the same land generally cannot come back for rezoning for at least 6 months. Watch the newspaper's legal notices and the agendas of the planning commission and the county or city board. Source

Appeal deadline: 30 days · July 1, 2022
Since July 1, 2022, a court challenge to a zoning decision must be filed in the county's superior court within 30 days of the local government's written decision. Rezonings are reviewed fresh by the judge, but the decision is presumed valid; you must show by 'clear and convincing evidence' that it seriously harms you and has little to do with public health, safety or welfare. Decisions on variances and special permits (quasi-judicial decisions) are reviewed on the record from the local hearing, so speak up and put your evidence in at the hearing. The developer must be named in the case. Talk to a lawyer quickly: 30 days goes fast. Source

Big data centers get a regional review (DRI) with a comment period · Nov 20, 2025
Since November 2025, large data centers must go through a state 'Development of Regional Impact' (DRI) review: 500,000 square feet or more in most of Georgia and in rural parts of the Atlanta region, and 300,000 square feet or more in urban and suburban metro Atlanta. The developer must estimate water and power use. The regional commission shares the plan with nearby governments and state agencies, and the public can comment. The review does not approve or deny anything; the local government still decides. DRI filings are posted on the Department of Community Affairs' DRI website and are often the first public sign of a project. Source

Tax break deals: you can join the court bond hearing · June 4, 2026
Development authority property tax breaks use bonds that a superior court judge must 'validate' at a public hearing, announced by legal ads in the local paper. Any Georgia citizen who lives in the area of the government issuing the bonds can become a party to the case at or before the hearing, and a party can appeal the judge's ruling. In June 2026, a Whitfield County judge validated about $15.2 billion in data center bonds after a short hearing where no one had formally joined the case. Source

How to file an Open Records request · 2026
Anyone can file; you do not need to live in Georgia or say why. Send a short email or letter to the agency's open records officer (county clerk, city clerk, development authority, water utility or school board). Name the records you want, for example: 'all agreements, NDAs, MOUs, emails and texts about Project ___ or [company] from January 2025 to today.' Ask for electronic copies. The agency must produce the records, or tell you when they will be ready, within 3 business days. The first 15 minutes of work is free. If it says no, it must cite the exact law. If it stalls, file a free complaint with the Attorney General's Open Government Mediation Program, or sue in superior court. Source

If a vote happened without proper notice · 2026
Under the Open Meetings Act, a decision made at a meeting that broke the law is not binding. You must sue within 90 days of the vote (or 90 days after you learned of an illegal meeting, but no later than 6 months after the vote). You can also complain to the Attorney General's Open Government Mediation Program. Source

How to speak up at the utility commission (PSC) · Sept 15, 2026
The PSC sets Georgia Power's rates and reviews its data center contracts. You can: (1) send a written public comment on the PSC website at least 24 hours before a vote; (2) speak as a 'public witness' at a hearing: arrive about 30 minutes early, sign in, and your comments go into the official record; (3) speak at the public comment time of the PSC's meetings or special forums (the PSC held one in Savannah on September 15, 2026). Put the case (docket) number in your comment; it is on the PSC's agenda and filings. PSC members are elected statewide, so you can also vote. Source

How to comment on state air permits · Sept 30, 2026
Each week the Air Protection Branch of the Georgia Environmental Protection Division (EPD) posts a 'Public Advisory' listing new air permit applications by county, with a comment deadline about 30 days later (for example, applications listed September 30, 2026, took comments until October 30, 2026). Email comments to Air-Permits.Comments@dnr.ga.gov with 'Air permit application' in the subject line, or mail them to the Air Permit Manager, 4244 International Parkway, Suite 120, Atlanta, GA 30354. You can ask for the application in electronic form. Final permits are posted on EPD's permit search site. Data center projects often file under a company name you may not know, so check every listing in your county. Ask whether the site's generators and any on-site power plant are reviewed together. A federal proposal from July 2026 could remove the national rule that requires public notice for smaller ('minor source') air permits. Source

See how other Georgia towns regulate data centers · March 30, 2026
Georgia Tech's EPIcenter runs a free 'Georgia Data Center Ordinance Hub' that collects data center rules adopted by Georgia cities and counties (setbacks, noise, water, power and more). It can help you suggest rules to your own local board. Source

🧾 Help with your bills

LIHEAP: help paying heating and cooling bills · 2026
Georgia's federally funded energy help program is run by local Community Action Agencies in every county. It can pay part of an energy bill, help in an emergency (for example a shut-off), and pay for weatherization. Heating help usually opens the first workday of December for people 65 and older or medically homebound, and the first workday of January for everyone else. Cooling help usually opens in April (65+ and homebound) and May (everyone). Money is first-come, first-served, so apply early. Source

Georgia Power Income-Qualified Discount (up to $33.50 a month) · May 2024
Georgia Power gives a discount of up to $33.50 a month on the electric and fuel parts of the bill (not taxes). Atlanta Gas Light delivery-area gas customers can get up to $14.00. Apply through Georgia Power. Source

Project SHARE: emergency help from The Salvation Army · 2026
A statewide program run by The Salvation Army, funded by customer donations that Georgia Power and Atlanta Gas Light match. It helps people facing a short-term crisis pay energy bills. Call 1-800-25SHARE or your power company. Source

Free weatherization and 2-1-1 help · 2026
The Georgia Environmental Finance Authority (GEFA) funds free weatherization (repairs that cut energy use) for low-income homes through Community Action Agencies. United Way's 2-1-1 line can point you to local help with utility bills, rent and food. If your power comes from an electric co-op (EMC) or a city utility, ask it about its own help programs. Source

📞 Who to contact

Georgia Public Service Commission (PSC) · Oct 6, 2026
Five elected members who set Georgia Power's rates, approve its new power plants and review its data center contracts. It is also deciding whether an on-site 'pop-up' gas plant may sell power to a data center under state law. Takes public comments and consumer complaints. Its data center rules apply to Georgia Power, not to electric co-ops (EMCs) or city utilities. Source

Georgia Environmental Protection Division (EPD) · Oct 6, 2026
State environmental agency. Its Air Protection Branch issues air permits for data center generators and on-site power plants. It also issues permits to take large amounts of water from rivers, lakes and wells. Source

Georgia Department of Community Affairs (DCA), DRI program · Oct 6, 2026
Runs the 'Development of Regional Impact' review that big data centers must go through, with a public online list of filings. The 12 regional commissions (including the Atlanta Regional Commission) run each review. Source

Georgia Department of Revenue · Oct 6, 2026
Grants data center sales tax exemption certificates and publishes the county investment thresholds. Source

Georgia Department of Audits and Accounts · Oct 6, 2026
Publishes state tax break evaluations, including the 2025 study of the data center sales tax break. Source

Georgia Attorney General: Open Government Mediation Program · Oct 6, 2026
Free help when a local government will not follow the Open Records Act or Open Meetings Act. File an online complaint. Source

Metropolitan North Georgia Water Planning District · Oct 6, 2026
Plans water supply for 15 metro Atlanta counties and 92 cities; publishes data center water guidance for local governments. Source

Georgia General Assembly · Oct 6, 2026
State lawmakers. Bill search and status at legis.ga.gov. The next regular session starts in January 2027. Source

Georgia Tech EPIcenter: Data Center Ordinance Hub · Oct 6, 2026
Free university tool showing data center rules adopted by Georgia cities and counties. Source

Georgia DFCS energy assistance (LIHEAP) · Oct 6, 2026
State office for the LIHEAP program; links to the local Community Action Agency for each county. Source