New Jersey S3379/A4096 data center transparency (2026)
New Jersey — S3379/A4096 Data Center Energy and Water Transparency, Completing the Four-Pillar State Plan (August 27, 2026)
New Jersey · P.L.2026, c.75 (N.J. S. 3379 / A. 4096, 2026)
- Status
- In effect
- Took effect
- August 27, 2026
- Applies to
- Large-scale data center facilities in New Jersey, which must report energy and water use; the EDA, DEP and BPU in providing municipal technical assistance.
- Enforced by
- New Jersey Board of Public Utilities; Department of Environmental Protection; Economic Development Authority
New Jersey Governor Mikie Sherrill signed S3379/A4096 on August 27, 2026 (P.L.2026, c.75), requiring data centers in the state to report their energy and water use to the Board of Public Utilities twice a year. Reports cover total energy use (including for cooling), IT-equipment energy use, the serving utility and service agreements, on-site and backup power supplies and their permits, total and peak daily water use, and water sources. The Board must publish the reports online within 30 days. Data centers that receive state financial incentives must also report efficiency and sustainability metrics, which the Board keeps confidential except in anonymized, aggregated form. Reporting runs for three years from each data center's first report, after which the Board decides whether to make it permanent. The law took effect immediately. The Governor presented the signing as delivering all four pillars of her May 2026 data center plan: data centers paying their fair share for energy and the grid (July 2026 laws requiring them to bring their own clean energy and creating a separate rate class), transparency about energy and water use (this law), meaningful community investments, and good union jobs during construction. The same day she announced Department of Community Affairs guidance (sent to towns August 25) to help municipalities negotiate community benefits agreements with developers, backed by technical assistance teams at the Economic Development Authority, the Board of Public Utilities and the Department of Environmental Protection.
Who is protected: New Jersey residents and ratepayers, through mandatory public reporting of data center energy and water use; and New Jersey municipalities, through state guidance and technical assistance strengthening their position in community benefits negotiations.
Legal detail
N.J. S3379 (Ruiz, Mukherji) / A4096 (Venezia, Haider, Bagolie), P.L.2026, c.75, approved Aug. 27, 2026, effective immediately; supplements Title 48. Senate passed 34-2 (Mar. 23, 2026); Assembly substituted S3379 for A4096 and passed it 76-3-0 (June 30, 2026); Senate concurred 39-0 (June 30, 2026). Applies to the owner or operator of any 'data center' in the State (no megawatt threshold in the enacted text; facilities used primarily for internal operations of licensed health care providers are excluded). Semi-annual water and energy usage report to BPU (first due within 6 months, or 3 months for data centers operating at least a year); BPU publishes within 30 days; incentive recipients also report PUE, WUE, energy reuse factor, renewable energy factor and related indicators, kept confidential except anonymized aggregates of at least five facilities; 60-day advance notice of substantial operational changes; reporting applies for three years from a facility's first report, after which BPU decides whether to continue it permanently by rule; BPU coordinates with DEP. The enacted text contains no penalty provision. Signed alongside DCA community-benefits-agreement guidance (Local Finance Notice, Aug. 25, 2026) and EDA/BPU/DEP technical assistance. Related July 2026 legislation (bring-your-own clean energy; separate rate class) is tracked as S731/A796 — Data center ratepayer protection and grid-demand.
Key facts
| Jurisdiction | New Jersey |
|---|---|
| Level | State |
| Strength | Stronger |
| Enacted | August 27, 2026 |
| Citation | P.L.2026, c.75 (N.J. S. 3379 / A. 4096, 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | None specified in the enacted text |
| Topics | data-center siting and energy · AI disclosure and transparency · consumer protection · government use of AI |
| Agency page | Governor Sherrill Delivers All Four Pillars of Data Center Plan, Puts Power Back in the Hands of Communities — State of New Jersey |
More AI rules in New Jersey
- NJ Forbidding the Algorithmic Inflation of Rent (FAIR) Act · Enacted (not yet in effect)
- S731/A796 — Data center ratepayer protection and grid-demand · In effect
- NJ developer litigation against municipal data center bans (2026) · Blocked / in litigation
- New Jersey Quijano AI data center delay and study commission bill (2026) · Proposed / pending
- NJ S4754 AI unauthorized practice of professions · Proposed / pending
- NJ S4758 AI companion disclosure · Proposed / pending
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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