H.R. 7858

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7858 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7858

To require the Secretary of Energy to conduct a study on the effect of 
data centers on communities of color and low-income communities, and 
for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 5, 2026

Mrs. Watson Coleman (for herself, Ms. Tlaib, Ms. Norton, Ms. Lee of 
Pennsylvania, Mrs. Foushee, Mr. Cohen, Mr. Menendez, Mr. Thanedar, and 
Mrs. Grijalva) introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To require the Secretary of Energy to conduct a study on the effect of 
data centers on communities of color and low-income communities, 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 Impact Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Data centers are a significant and growing source of 
energy consumption in the United States, accounting for 
approximately 4.4 percent of total United States electricity 
use in 2023, with projections estimating growth to between 6.7 
percent and 12 percent as demand for computing power and 
artificial intelligence increases.
(2) The energy usage of data centers has tripled over the 
last decade and is projected to double or triple again by 2028. 
Water-cooling infrastructure for data centers consumed 
approximately 17 billion gallons of water in 2023, a figure 
projected to increase substantially by 2028, while an estimated 
211 billion additional gallons of water were used to generate 
the electricity consumed by data centers.
(3) Communities of color, low-income communities, Indian 
Tribes, and other vulnerable populations, such as persons with 
disabilities, children, and the elderly, are disproportionately 
burdened by environmental hazards that include exposure to 
polluted air, waterways, and landscapes.
(4) Communities subject to environmental injustice have 
been subjected to systemic racial, social, and economic 
injustices and face a disproportionate burden of adverse human 
health impacts, a higher risk of intentional, unconscious, and 
structural discrimination, and disproportionate energy burdens.
(5) The siting and operation of data centers have raised 
environmental and public health concerns for nearby 
communities, including in Memphis, Tennessee, where a large-
scale facility was built near a predominantly Black 
neighborhood already burdened by existing pollution issues.
(6) The Federal Government has a responsibility to protect 
public health and community safety pursuant to the Clean Air 
Act and the Federal Water Pollution Control Act (commonly 
referred to as the Clean Water Act), including through the 
evaluation of emerging sources of environmental and energy-
related impacts.

SEC. 3. STUDY AND REPORT ON THE EFFECT OF DATA CENTERS ON COMMUNITIES 
OF COLOR AND LOW-INCOME COMMUNITIES.

(a) In General.--The Secretary of Energy, in coordination with the 
Administrator of the Environmental Protection Agency, the Secretary of 
Commerce, the Chair of the Federal Energy Regulatory Commission, and 
the Council on Environmental Quality, shall conduct a study on the 
effect of data centers on communities of color and low-income 
communities.
(b) Included Information.--The study required by subsection (a) 
shall include the following information:
(1) The amount of water consumed by data centers, including 
how such consumption affects local water supplies and drought-
prone regions.
(2) The amount of energy consumed by data centers, 
including the amount of such energy generated from fossil fuels 
and the effect of such consumption on peak load on the electric 
grid.
(3) How such data centers affect air quality, including the 
amount of emissions from backup diesel generators and 
associated infrastructure operated by data centers.
(4) The effect of data centers on soil and land-use 
practices, including land-use practices relating to agriculture 
and local food sources.
(5) The effect of data centers on the electric grid, 
including with respect to any increase in rates for 
electricity.
(6) How the cooling processes used by data centers affect 
wastewater systems.
(7) The effects of constructing and operating data centers 
on the creation and displacement of jobs.
(8) The effects of data centers on State and local tax 
revenue, including with respect to tax incentives and whether 
benefits flow to the community in which the data center is 
located.
(9) The effects of data centers on the value of property 
located in nearby residential areas.
(10) How data centers affect public health risks related to 
pollution, stress on natural resources, summer heat, and heat 
island effects.
(c) Consultation.--In conducting the study required by subsection 
(a), the Secretary of Energy shall consult with relevant local 
government entities and Indian Tribes.
(d) Report.--Not later than the date that is 18 months after the 
date of enactment of this section, the Secretary of Energy shall 
provide to Congress a report that includes--
(1) an assessment of the information included in the study 
required by subsection (a);
(2) a map that identifies where data centers are located 
relative to communities of color and low-income communities;
(3) recommendations for Federal coordination on how to 
mitigate potential harms of data centers; and
(4) proposed guidelines or recommendations for best 
practices that States and local government entities may adopt 
to mitigate potential harms of data centers.

SEC. 4. DEFINITIONS.

In this Act:
(1) Community of color.--The term ``community of color'' 
means a geographically distinct area in which the population of 
any of the following categories of individuals is higher than 
the average population of that category for the State in which 
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Hispanic.
(F) Latino.
(G) Middle Eastern or North African.
(2) Data center.--The term ``data center'' has the meaning 
given such term in section 453(a) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17112(a)).
(3) Indian tribe.--The term ``Indian Tribe'' has the 
meaning given the term ``Indian tribe'' in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304).
(4) Local governmental entity.--The term ``local 
governmental entity'' means any municipal government or county 
government with jurisdiction over local land use decisions.
(5) Low-income community.--The term ``low-income 
community'' means any census block group in which 30 percent or 
more of the population are individuals with an annual household 
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median 
income of the area in which the household is located, 
as reported by the Department of Housing and Urban 
Development; and
(B) 200 percent of the Federal poverty line.
(6) State.--The term ``State'' includes the District of 
Columbia and any territory of the United States.
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