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

JurisdictionCalifornia
LevelState
StrengthStronger
EnactedSeptember 21, 2026
CitationCal. AB 2469 (2026), Ch. 436, Stats. 2026 (Gov. Code § 65964.7)
Private right of actionNo, agency enforcement only
PenaltiesNone stated; permits may not be approved until conditions are met
Topicsdata-center siting and energy · AI disclosure and transparency
Bill textAB-2469 Data centers: water use disclosures — California Legislative Information

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