California AB 2469 data center water disclosure before permits (2026)
California AB 2469 (Papan) — Cities and Counties May Not Approve Data Center Construction or Water-Increasing Expansion Without a Water Supply Assessment, Water Scarcity Plan and Water/Workforce Disclosures; Signed September 21, 2026 (Ch. 436, Stats. 2026)
California · Cal. AB 2469 (2026), Ch. 436, Stats. 2026 (Gov. Code § 65964.7)
- Status
- Enacted (not yet in effect)
- Takes effect
- January 1, 2027
- Applies to
- Data center applicants; California cities and counties (including charter cities) issuing permits
- Enforced by
- California cities and counties (permit authorities)
AB 2469 bars any California city or county — including charter cities — from approving a permit that would allow a data center to be built, or expanded in a way that raises its peak water use, unless the developer first provides a water supply assessment, projected water use and efficiency measures, workforce disclosures, and (starting in 2028) a drought 'water scarcity plan'. The developer must also pay the full cost of any water infrastructure needed to serve the project. Governor Newsom signed it on September 21, 2026. A law-firm alert says the package primarily takes effect January 1, 2027.
Who is protected: California communities and water users near proposed data centers
Legal detail
AB 2469 (Papan), 2025-26 Reg. Sess.; adds Gov. Code § 65964.7. Ch. 436, Stats. 2026; approved and chaptered Sept. 21, 2026. Assembly concurrence Aug. 31, 2026 (Ayes 61, Noes 12). OPERATIVE RULE (§ 65964.7(b)): notwithstanding any other law, a city, county or city and county shall not approve a discretionary OR MINISTERIAL permit or other entitlement that would result in construction, or an expansion that increases maximum peak water use, of a data center unless: (1) the applicant provides (A) a water supply assessment under Water Code § 10910 et seq.; (B) beginning Jan. 1, 2028, a 'water scarcity plan' (measures for abnormally dry through exceptional drought years per the U.S. Drought Monitor, including staged withdrawal reductions, nonessential use curtailment, recycling/reuse, thermal load reductions and temporary load shedding); (C) projected water use and efficiency measures; (D) workforce disclosures (composition, job classifications, duration, wages/benefits, share residing in county and in state); and (2) the applicant assumes the full cost of required water conveyance, treatment, storage or distribution improvements as determined by the water supplier (further conditions in the bill text not reviewed in full). Declared a matter of statewide concern applying to charter cities; severable; state-mandated local program. EFFECTIVE DATE 2027-01-01 per Foley & Lardner alert (package 'primarily take[s] effect on January 1, 2027'); not stated on leginfo; non-urgency statute. Companion AB 2619 (Papan, Ch. 437) signed the same day.
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Strength | Stronger |
| Enacted | September 21, 2026 |
| Citation | Cal. AB 2469 (2026), Ch. 436, Stats. 2026 (Gov. Code § 65964.7) |
| Private right of action | No, agency enforcement only |
| Penalties | None stated; permits may not be approved until conditions are met |
| Topics | data-center siting and energy · AI disclosure and transparency |
| Bill text | AB-2469 Data centers: water use disclosures — California Legislative Information |
More AI rules in California
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- California AB 489 (AI healthcare chatbot misrepresentation ban) · In effect
- X.AI v. Bonta (AB 2013 training-data disclosure) · Blocked / in litigation
- CA SB 1168 — data center grid cost allocation · Enacted (not yet in effect)
- California SB 1119 Adam's Law, companion chatbots (2026) · Enacted (not yet in effect)
- California SB 867 AI chatbot toy moratorium (2026) · Enacted (not yet in effect)
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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