California

Water conditions before local data center permits

Enacted legislation or regulation

Adopted—not yet effective This instrument was adopted, but its stated effective date has not arrived.

Scope

Statutes of 2026, chapter 436 (AB 2469) adds Government Code section 65964.7: a city, county, or city and county shall not approve a discretionary or ministerial permit or other entitlement that would result in the construction, or an expansion that increases maximum peak water use, of a data center unless the applicant has provided a water supply assessment, beginning 1 January 2028 a water scarcity plan, projected water use and efficiency measures, and workforce disclosures, and the applicant assumes the full cost of required water infrastructure improvements. The section does not require a local agency to approve a data center that meets these conditions.

Geographic scope
California
Jurisdiction
State
Authority type
Legislature
Issuing authority
California Legislature

Dates

Adopted
21 September 2026
Effective
1 January 2027
Scheduled expiration
See completion condition
Ended
Not recorded as ended
Completion condition
Not yet in effect on 23 September 2026. The statute states no expiration; dates inside it are implementation deadlines, not end dates.
Source document
21 September 2026
Last checked
1 October 2026 (earlier than tracker date 5 October 2026; not an automatic status change)

Summary

California AB 2469, approved and chaptered on 21 September 2026 as chapter 436, bars cities and counties from approving a permit or entitlement for construction of a data center, or an expansion that increases maximum peak water use, unless the applicant provides a water supply assessment, projected water use and efficiency measures, workforce disclosures and, from 1 January 2028, a water scarcity plan, and pays for required water infrastructure. It applies to charter cities. It takes effect on 1 January 2027 and is a condition on local approvals, not a prohibition on data centers.

What this does not establish

  • The finding was reviewed against the California Legislature official bulk-data file for 21 September 2026, saved and linked below. The primary link is the human-readable official bill page; that site disallows automated access, so the page itself was not checked automatically.
  • 1 January 2027 is not printed in the chaptered text. It is taken from the official 2026 legislative calendar entry that statutes take effect 1 January 2027 under Article IV, section 8(c), and the chaptered text carries no urgency clause.
  • The section conditions local approvals; it does not prohibit data centers and does not require approval of any project.
  • The water scarcity plan requirement begins 1 January 2028; that is a phase-in date, not an expiration.

Unresolved questions

None recorded.

Relationships

Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.

  • No related action is recorded.

Sources

Primary source · Reviewed alternate official source (23 September 2026)

Link status, checked 23 September 2026: The finding was checked against a saved copy of the California Legislature official 21 September 2026 bulk-data file. The human-readable primary bill page is kept for readers, but its robots.txt disallows automated review.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2469

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